http://www.charlotte.com/mld/charlotte/ ... 645318.htm

Posted on Sat, Sep. 30, 2006

Carolinas' approaches differ on illegal workers
N.C. officials say contract rules OK; S.C. lawmakers continue talks
STELLA M. HOPKINS
shopkins@charlotteobserver.com

At least four states enacted legislation this year that would make it harder for illegal immigrants to work on tax-funded projects.

Lawmakers in both Carolinas proposed similar rules after an Observer series this spring found illegal immigrants had worked for contractors on N.C. road projects. They did not pass the laws before their sessions ended. An S.C. legislative committee is holding public hearings to develop rules for possible reconsideration in January.

The new laws are among 79 immigrant-related bills enacted nationwide this year. States, frustrated by federal inaction, have increasingly taken up the controversial issue. Almost 550 bills have been introduced, according to the latest tally by the National Conference of State Legislatures.

Georgia and Colorado have passed the broadest measures. Both require contractors on state projects to verify employees are authorized to work in the country. Colorado also requires contractors to verify work status before applying for development incentives.

A Tennessee law prohibits state agencies from doing business with a company employing illegal immigrants, and Pennsylvania prohibits the use of illegal immigrants on projects receiving state grants or loans.

As a result of the Observer's investigation, state Sen. Robert Pittenger, a Mecklenburg Republican, introduced legislation in May that would require contractors with the state to verify employees' work status. The proposal didn't make it out of committee before the session ended.

The S.C. House overwhelmingly passed a similar measure, which didn't clear the Senate before legislators adjourned. A committee of lawmakers holds its second public hearing Oct. 10 to work on a new proposal. The group's appointment by the powerful S.C. Senate President Pro Tem Glenn McConnell, R-Charleston, signals the topic will likely be a priority when legislators reconvene in January.

South Carolina also passed a law making it a felony to get a job using someone else's identification. Using someone else's Social Security number already can be a federal felony. The S.C. move expands on that by making it a felony to use a wide range of stolen ID, including passports, immigration documents, and Social Security cards, driver's licenses and bank account numbers.

N.C. officials reviewed state-contracting procedures after the Observer series.

They concluded contracts didn't need changes because they require anyone doing business with the state to comply with all laws. Officials did not address the loophole that has enabled employers to hire many illegal immigrants. Federal law prohibits hiring illegal immigrants but does not require employers to verify immigration status or whether workers' documents are valid.

N.C. Controller Robert Powell has said that the state is held to a "higher standard because we're dealing with tax dollars." Powell, who oversees the state's cash flow and accounting, suggested after the Observer's series that state agencies review contracting procedures.

"Contractors are required to follow state and federal law," Ernie Seneca, a spokesman for the N.C. Department of Transportation, said this month. He later added, "We're concerned when we find out that illegal workers are being used on jobs. We'll follow up and take appropriate action."

Seth Effron, deputy press secretary to Gov. Mike Easley, said in an e-mail that federal agencies are responsible for immigration enforcement. He also said "if and when the State becomes aware of possible violations it quickly contacts the contractor to investigate the details of the situation and, if necessary, informs the appropriate authorities to make sure that swift and appropriate action is taken."

The state wrote in April to the two Charlotte contractors involved in the Observer series, reminding them that they need to comply with laws. Rea Contracting and Blythe Construction said they already do so.

In Blythe's case, the Observer found illegal immigrants working for one of its subcontractors, Georgia-based Blount-Sanford Construction. North Carolina holds the lead contractor responsible. Blount-Sanford also has said it follows the law.


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Stella M. Hopkins: 704-358-5173.