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08-23-2007, 05:11 PM #1
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H'ville AL:Commissioner says policy will withstand scrutiny
Hiring pledge touted as solid
Thursday, August 23, 2007
By STEVE DOYLE
Times Staff Writer steve.doyle@htimes.com
Illegal immigrant requirement will stand, Brooks says
The sponsor of a new policy that requires Madison County government contractors to promise in writing not to hire illegal immigrants says he is confident the measure would withstand a legal challenge.
County Commissioner Mo Brooks, a Huntsville lawyer and former district attorney, said the county is simply asking its suppliers to pledge that they comply with federal immigration laws against hiring undocumented workers.
Brooks said he does not see "any attack points or weaknesses" in the policy that could get it overturned in court.
"It wouldn't surprise me if someone filed a lawsuit," he said Wednesday, "but it would very much surprise me if the lawsuit was successful."
The new rules, approved Friday, go into effect Oct. 1. To verify county vendors are telling the truth about not using illegal labor, Purchasing Department employees can search companies' payroll records. Madison County spends about $50 million annually with roughly 500 suppliers.
Cobb and Gwinnett counties near Atlanta and Anne Arundel County, Md., also require government suppliers to make a no-illegals promise. Brooks modeled his proposal after Gwinnett County's.
Commissioners there unanimously adopted the ordinance June 26 despite concerns from some in the audience that it might violate federal law.
Gwinnett County Purchasing Director Scott Callan said a few vendors initially protested, and a construction services firm threatened to stop bidding on county jobs. But the county addressed their concerns, he said, and everyone is now complying.
"We did have some initial waves we needed to calm," Callan said Wednesday, "but the worst-case scenario hasn't happened, yet. Operationally, it hasn't been much of an issue."
In late July, U.S. District Judge James M. Munley struck down a Hazleton, Pa., ordinance that sought to fine landlords who rent to illegal immigrants and revoke the business permits of employers who hire them. The judge ruled immigration law is the responsibility of federal government and Hazleton overstepped its authority.
Brooks, a Republican, said people in his southeast Huntsville district are "desperate" for elected leaders to try to stop the flow of undocumented workers across the Mexican border. There are an estimated 12 million illegal immigrants in the United States.
"Local governments are suffering the greatest harm from illegal aliens," Brooks said. "We are searching for anything we can do to stem the illegal alien tide.
"If this is successful, you can expect other cities to copy it."
Madison County's policy requires government suppliers to sign a sworn affidavit that they have verified the Social Security numbers of all employees assigned to county business.
Under federal law, companies already have to complete an employment eligibility verification form for each person they hire, listing Social Security numbers and other forms of identification used by the worker.
Businesses are not expected to be document experts, but they are supposed to decide if ID cards and papers "reasonably" appear to be genuine.
Helen Rivas, with the advocacy group Latinos United for Alabama, said Madison County's policy may be legal, "but it's not a neighborly thing."
"Is their ultimate goal the protection of Huntsville workers?" Rivas said Wednesday. "Or are they just trying to throw brick bats at U.S. immigration policy that isn't working?"
A former resident of Guatemala who has lived in Birmingham for almost 30 years, Rivas said asking government vendors to promise not to break immigration laws is like asking a marriage counselor to pledge not to beat his wife.
"The folks complaining the loudest" about undocumented workers, she said, "are the same folks who are refusing to take the steps that really need to be taken to deal with the whole problem."
© 2007 The Huntsville Times
© 2007 al.com All Rights Reserved
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08-23-2007, 06:24 PM #2A former resident of Guatemala who has lived in Birmingham for almost 30 years, Rivas said asking government vendors to promise not to break immigration laws is like asking a marriage counselor to pledge not to beat his wife.
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