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Proposed law on immigrants raises concerns
Contractors worry about how rule will affect work force
Thursday, June 29, 2006
ROY L. WILLIAMS
News staff writer
A Department of Homeland Security proposal aimed at weeding out illegal immigrant workers could hurt contractors dependent on Hispanic workers, a Birmingham construction trade group official and a Birmingham lawyer said Wednesday.

The regulation change proposed by the federal department's Bureau of Immigration and Customs Enforcement seeks to increase the legal obligations of employers who receive a "no match letter" from the Social Security Administration or Homeland Security on an immigrant worker's status.

It also describes extensive procedures employers can follow in response to such a letter to ensure that Homeland Security will not find that they knew the employees weren't authorized to work in the United States. Employers have until Aug. 14 to issue written comments to the bureau. The proposal has raised concerns among companies that depend on Hispanic workers, said Tom Eden, a labor lawyer with Wallace Jordan Ratliff & Brandt.

Employers now have greater protection from possible federal fines or arrests if they have a so-called I-9 form, a federal document workers must fill out stating they are eligible to work in the country.

"It would be a huge change," said Eden, who added he may have to encourage some companies to release workers with Social Security numbers designated as false when in the past employers might have been able to retain the workers.

Jay Reed, vice president of the Associated Builders & Contractors office in Homewood, said some construction firms belonging to his group are concerned that they could face lawsuits from Hispanic workers for asking some of the questions that would be required in employee background checks under the proposal.

"They certainly don't want to hire undocumented workers, but under the discrimination guidelines, some human resource managers are worried their companies could face lawsuits if they ask Hispanics some of the questions they normally wouldn't ask any other employees," Reed said.

Congress is expected to vote by September on a sweeping immigration reform bill backed by President Bush that has sparked protest marches across the country by Hispanics and those who say illegal aliens are draining the national economy.

Eden said the issue has had one plus in that it has encouraged companies to double-check their employment policies related to Hispanic immigrants. In May, his firm and Bradley Arant hosted a seminar for ABC that attracted a near-capacity crowd.

Pat Logan, a labor lawyer for Johnston Barton in Birmingham, said employers are concerned that they are being asked to "police" employees they hire.

"If Congress approves the House version of the bill, it would require employers to not only electronically verify the accuracy of identification given to them but penalize them with fines as well," Logan said.

Michael Thompson, a labor lawyer for Lehr Middlebrooks Price & Vreeland, said the immigration reform bill is "a pressing issue for employers looking for laborers." But officials in the hotel and restaurant industry are concerned as well, said Reed, whose trade group is trying to set up a task force to respond to the proposed changes with other employers.

Sean O'Donnell, a Birmingham organizer for Heat & Frost Insulators Local 78 who has led protests accusing contractors of hiring undocumented immigrants in Birmingham, said the use of low-wage illegal immigrants takes jobs from Americans and drains tax dollars used to treat those without insurance.

E-mail: rwilliams@bhamnews.com