May 16. 2007 12:00AM

Transylvania addresses illegal workers

Jonathan Rich
Times-News Staff Writer
jonathan.rich@hendersonvillenews.com

BREVARD -- Transylvania County leaders are considering the possibility of asking construction companies who want local work to ensure all their employees are legal U.S. residents.

Commissioner Kelvin Phillips, who owns KP Steel, brought the issue before the board of commissioners on Monday because he said county government may be successful where state and federal officials have failed on the issue of illegal immigrants.

"Some folks say it ought to be left up to the federal government, but this issue is effecting our friends and neighbors," Phillips said. "Being involved in construction, I've talked to people who say they have lost jobs to companies that employ illegals. I think we need to address this issue to the extent we can and part of that is through the building process."

While the commissioners have not taken any action on the topic, the board is considering adding an additional page to all construction contract applications that would require companies to ensure any subcontractors working on a project are U.S. citizens.

The proposed new application would also require the applicant to allow government agencies to do unannounced inspections to determine the legal status of workers and force the contractor to fire any employees who did not have legal U.S. citizenship.

Commissioner David Guice said he does not think the building inspections office is the appropriate agency to investigate and prosecute illegal workers.

"This is a national issue and clearly building inspection personnel do not have the authority to take action," Guice said. "That has to come from law enforcement, but this has to be tackled on a federal level to be successful. I don't buy that every person on a job site is here illegally, but I think having this discussion is healthy."

Commissioner Phillips said Sheriff David Mahoney has expressed interest in having more of his deputies trained in U.S. Immigrations and Custom Enforcement procedures to make sure those types of laws are followed, and that any infractions should be reported to the Department of Homeland Security.

The Henderson County Sheriff's Office is planning to train detention officers and obtain approval to join Program 287(g), a federal code that permits local law enforcement to act as immigration agents. The program is part of the Immigration and Nationality Act.

Commissioner Lynn Bullock agreed something should be done, but was not sure who should enforce any new policy.

"Can we legally shut down a job site if the contractors are not compliant with this?" Bullock asked the county attorney. "I think illegal immigration is a problem in Transylvania County, but I would like to get more information and legal advice so we can make the best decision. Once we find out what is legal, we can determine how we can enforce it."

Chairman Jason Chappell directed the county attorney to research the issue further and bring back information to the commissioners for possible action at a future meeting.