Thread: TN-Illegal immigrant complaints closing without action

Illegal immigrant complaints closing without action
Business licenses yet to be pulled despite seven complaints
By JANELL ROSS • Gannett Tennessee • October 4, 2008

NASHVILLE — Gary Armstrong spotted a crew of Hispanic men cutting brush in Roane County. He didn't talk to them. He couldn't check their IDs.


But to Armstrong, the situation seemed clear.

"When you see about 30 young Hispanic males working in a group, I think the probability is extremely high some of them are illegal," he said.

And in Tennessee, anyone with those kinds of suspicions can take them to a public official who, in turn, can log the concerns with the state Department of Labor and Workforce Development. If investigators catch a business knowingly employing illegal immigrants twice in a three-year period, the business could lose its licenses to operate for up to one year.

But with seven complaints closed since the Illegal Alien Employment Act went into effect Jan. 1, not one license has been pulled. That includes Armstrong's complaint against Brewster's Turf and Tree Management, filed with the state in July.

Eight other cases remain open and thus shielded from the public. Some of those may result in public hearings because there's considerable evidence against the businesses, said Dan Bailey, the Labor Department's general counsel. And it's going to take direct knowledge of employment violations to move cases forward, Bailey said, not just reports of different-looking workers.

Still, those numbers aren't convincing the man who wrote the law that the state is taking it seriously or that it's working as written.

"It appears I need to look deeper into this and see what corrective action we could take, because you can't tell me that everybody here is legal," said Sen. Bill Ketron, R-Murfreesboro.

An estimated 100,000 to 150,000 illegal immigrants lived in Tennessee in 2005, the latest figures from The Pew Center for Hispanic Research. The center is a Washington-based, nonpartisan organization that examines trends shaping the country.

Suspicion spurs report
Armstrong counts himself among Americans deeply concerned about immigration — he says illegal immigrants bring in disease and drain the state's resources. So from his perspective, private citizens interested in the rule of law have a duty to report what they consider suspicious situations. That's why he contacted Rep. Dennis Ferguson, D-Midtown, and reported the groups of "young Hispanic males" working near Brewster's Turf and Tree Management trucks.

"I think profiling is fine," Armstrong said. " ... We tie their hands when you can't profile. We are just throwing the rule of law out the window."

But profiling and an unlisted telephone number ultimately killed Armstrong's complaint. Tennessee Department of Labor and Workforce Development inspector Thomas Hamlett could not find a way to contact Armstrong, according to his report.

"Based on a summary review of the information in the complaint, it appears this compliant is based on a visual observation only and would not be sufficient to warrant further investigation," Hamlett wrote.

What Armstrong regarded as his duty is fast becoming a regular problem for Barbie Orr, Brewster's co-owner.

Once or twice a year, she said, someone sees her crews and calls to criticize her hiring practices. Armstrong's complaint to the state was the first of its kind, though.

Many of Armstrong's employees are Mexican nationals legally authorized to work in the United States, she said. Orr says she has records to prove that she not only sought American workers — and found them unwilling to travel constantly and cut brush for $11 to $12 an hour — but that the Hispanic men Armstrong saw are in the U.S. on work visas.

"It's frustrating," she said. "But I just tell people, 'If you want to come here and look at my documents, they are all legal. Come see them. That's fine.'"

Public records related to the other cases show complaints closed because there was no substance or employers supplied key documents for their workers.

David Knight runs a Franklin carwash reported to the Labor Department this year because so many of the workers appeared to be Hispanic. The complaint also said a worker told a customer virtually none of the workers had legitimate work documents.

The complaint was closed without action.

"We fulfill all the legal requirements when we hire," Knight said. "So I don't know where a customer might get such an idea except for their own bias."

The tipster in that case lives with his daughter, who said she has power of attorney over his affairs because of his physical and mental condition. She declined to comment on his behalf.

http://www.theleafchronicle.com/article ... /810040356

I'm sure Hispanics get a work visa to come to the U.S. and work at a car wash for below minimum wage plus tips or pick-up trash along the interstate.

to travel constantly and cut brush for $11 to $12 an hour

There were plenty of times I would have jumped at a job like that and so would a lot of other Americans. There is no reason for having illegal foreign workers here.

"We fulfill all the legal requirements when we hire," Knight said. "So I don't know where a customer might get such an idea except for their own bias."

Okay, Mr. Knight: please prove that statement. After all I can make some statement that the sky is green on Thursdays in North Carolina, are you going to believe me?

They didn't look very hard! There is probably hundreds in that area that would jump at $11-$12 anhour.If some of them are illegal it's the fact that they can pay them cash and not pay taxes or pay into s.s. ins.

Bob Brewster's of Brewster Turf and Tree Management's political contributions:

Looky here:

http://74.125.113.104/search?q=cache:vY ... cd=1&gl=us

And here at this tidbit:

http://74.125.113.104/search?q=cachej ... cd=5&gl=us

Respondent: Brewster’s Turf & Tree Management, LLC, Loudon, TN Violation:Unlicensed activity Action:$1000 Civil Penalty

Here is where Bob's company is:

http://maps.google.com/maps?hl=en&q=%22 ... 77763&z=14

copy and paste above url

Two addresses for some reason (care to speculate?)

Brewster's Turf & Tree Management LLC‎ - more info »
1042 Mulberry St, Loudon, TN - (865) 458-8887‎
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Brewster's Turf & Tree Management, LLC‎ - more info »
3827 W. Lee Highway, Loudon, TN - (865) 458-8887‎

I say we all call him on Monday and ask why he is hiring IA's. I for one am sure to do it, we need to all do this. Who is with me here? Don't wimp out, we need to take action.

(865) 458-8887‎

Come on, who is with me here?

Just dial *67 before dialing to block the caller ID.

Doesn't anyone want to help me out with this?

DepOrt This could be construed as harrasment,I.D.block would be useless if they filed a report with local police.All this does is give our adversaries free ammunition against us.

How can calling them and asking them why they hire illegal aliens be harrassment? It's just a question. They are the ones doing something illegal, not us. I'm pretty sure calling them up and asking them that simple question is within the boundaries of the law.