S.C. immigration law could prompt business outcry
By GENE ZALESKI, T&D Staff Writer Monday, January 12, 20099 comment(s) | Default | Large
Orangeburg Milling Co. co-owner Perry Arant is not thrilled about a new law requiring him to verify that any hires are people in the United States legally.
“It is going to affect us in a big way,” Arant said following a two-hour seminar held at Orangeburg-Calhoun Technical College on Thursday. “It is just all of a sudden. My complaint is that the federal government has just sat back and let this thing happen ... and now all of a sudden we have ... 18 months to try to correct the situation.”
Arant, whose business employs 40, will have to abide by the law by July 1, 2010, or face increasing fines per employee for each violation.
The state law’s verification requirements took effect Jan. 1 for public agencies and private businesses with public contracts involving manual labor, if they employ more than 500 people. The requirement applies to businesses with more than 100 workers July 1.
“I think there will be a big outcry,” Arant said. “One thing that will offset it is if the economy continues to be bad. Whether they (American citizens) will step down and do the dirty jobs that the immigrants are doing, I don’t know.”
A double-edged concern for Arant is the law curtailing the number of applicants for jobs when they find out an employer is using the federal online database E-Verify to confirm the legal status of an employee.
Because most people who will shy away from applying will be illegal immigrants, Arant says that aspect is favorable. “That will be doing me a favor.”
“We are just going to have to look at it. I don’t know exactly what the process entails,” Arant said. “We are just going to have to change the way we are doing it. I think the end result will be taking away from labor.”
The service is free for businesses, though once a firm signs up, the system will have to be consistently used for every new business hire.
Arant was among about 15 employers and employer representatives to attend the seminar sponsored by the state Department of Labor, Licensing and Regulation.
The seminar was among more than a dozen to be held across the state to educate employers.
Questions asked by attendees in the Orangeburg seminar related to law enforcement methods, employer liability concerns, employer redress options and administrative requirements for the new law.
The Illegal Immigration and Reform Act, signed into law by Gov. Mark Sanford in June 2008, aims to crack down on the hiring of illegal immigrants by business and industry in the state.
South Carolina’s passage of the law is part of a growing trend among states to pass their own immigration laws in light of concerns about the federal government’s perceived failure to address illegal immigration.
Lee Gibbs Depret-Bixio, Columbia attorney for Ogletree Deakins and a specialist in immigration law, presented the seminar.
Jim Knight, LLR spokesman, said South Carolina enacted the law because of growing concern about the state’s illegal immigrant population. Employers and employees have complained about jobs and business being lost to competitors who violate employment laws. There also is the issue of illegal immigration’s impact on public services.
“This law does not discriminate,” Knight said. “This law applies whether you come from Mexico, Russia or a small community like Cameron.”
The law passed last June requires all businesses to verify their new hires are in the United States legally or face civil fines of up to $1,000 per worker. The state can also temporarily shut down businesses if their owners knowingly employ illegal workers: up to a month for the first violation and at least five years on the fourth.
The law also gives businesses the option of verifying employees by only hiring people who have a driver’s license from South Carolina or other states with strict license standards, but there have been warnings that route may conflict with federal law and not fully protect employers from the state penalties.
Labor, Licensing and Regulation begins in July with enforcement through random audits and complaints. The agency is still developing the random selection process.
Knight says there has yet to be funding set aside for program enforcement. The matter is expected to be brought up in the 2009-10 state budget.
n The Associated Press contributed to this report.
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cherokee wrote on Jan 17, 2009 9:14 AM:
Please remember that it you who could incur legal problems if you hire an undocumented alien or hire an alien whose possesses an expired green card or a fake green card. The legal problems expressed below can be the same for you. Do you really want to continue with any conduct that could lead to your arrest and the loss of your property and/or business?
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ICE Agents Arrest Seven Managers of Nationwide Pallet Company and 1,187 of the Firm’s Illegal Alien Employees in 26 States
Release Date: 04/20/06 00:00:00
For Immediate Release
Office of the Press Secretary
Contact: ICE Public Affairs, 202-514-2648
April 20, 2006
Homeland Security Secretary Michael Chertoff; Julie L. Myers, Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE); and Glenn T. Suddaby, United States Attorney for the Northern District of New York, today announced the results of a nationwide worksite enforcement operation targeting IFCO Systems North America, Inc. (“IFCO”), the largest pallet services company in the United States headquartered in Houston, Texas.
Yesterday, ICE agents arrested seven current and former manages of IFCO pursuant to criminal complaints issued in the Northern District of New York. All these individuals are charged with conspiring to transport, harbor, and encourage and induce illegal aliens to reside in the United States for commercial advantage and private financial gain, in violation of Title 8, USC Section 1324 (a). The conspiracy charge carries a penalty of up to 10 years in prison and a fine of up to $250,000 for each alien with respect to whom the violation takes place. Two other IFCO employees were arrested on criminal charges relating to fraudulent documents.
In addition to the criminal arrests, ICE agents yesterday conducted “consent” searches or executed criminal search warrants at more than 40 IFCO plants and related locations in 26 states that resulted in the apprehension of approximately 1,187 illegal alien IFCO employees. Three of the criminal search warrants were executed at residences in Guilderland, NY, where IFCO was allegedly housing illegal alien employees.
The consent searches and search warrants were conducted at locations in Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Indiana, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Jersey, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, South Carolina, Virginia and Utah.
The arrests and search warrants are part of an ongoing criminal investigation of IFCO’s Pallet Management Services division that began more than a year ago. The investigation is being conducted by ICE, New York State Police - Upstate New York Regional Intelligence Center, Social Security Administration Inspector General, Internal Revenue Service - Criminal Investigation, and the Department of Labor Inspector General. The Guilderland Town Police Department and Schenectady Police Department also provided assistance.
According to a government affidavit filed in the Northern District of New York, the investigation began in February 2005 when ICE agents received information that IFCO workers in Guilderland, NY, were witnessed ripping up their W-2 tax forms and that an IFCO assistant general manager had explained that these workers were illegal aliens, had fake Social Security cards and did not intend to file tax returns.
According to the affidavit, subsequent investigation indicated that IFCO officials transported illegal aliens to and from work; paid rent for the housing of illegal alien employees; and deducted money from the aliens’ monthly paychecks to cover these expenses. Former IFCO employees also said it was common practice for IFCO to hire workers who lacked social security cards or produced bogus identification cards.
The affidavit also alleges that IFCO officials knowingly hired an illegal alien who was an informant for ICE. In numerous recorded conversations, IFCO officials reimbursed this person for obtaining fraudulent identity documents for other illegal alien employees; used the person to recruit other illegal workers; and advised the person and other illegal alien employees on how to avoid law enforcement detection, the affidavit alleges.
The affidavit further alleges that approximately 53.4 percent of the Social Security numbers contained on the IFCO Systems North America Inc. payroll of roughly 5,800 workers during 2005 were either invalid, did not match the true name registered with the Social Security Administration for that number, or belonged to children or deceased persons. The Social Security Administration sent at least 13 written notifications to IFCO headquarters about such discrepancies on its payroll records in 2004 and 2005, the affidavit alleges.
Employers and workers alike should be on notice that the status quo has changed,” said Homeland Security Secretary Michael Chertoff. “These enforcement actions demonstrate that this department has no patience for employers who tolerate or perpetuate a shadow economy. We intend to find employers who knowingly or recklessly hire unauthorized workers and we will use every authority within our power to shut down businesses that exploit an illegal workforce to turn a profit.”
ICE Assistant Secretary Myers said, “ICE has no tolerance for corporate officers who harbor illegal aliens for their workforce. This nationwide enforcement action shows how we will use all our investigative tools to bring these individuals to justice, no matter how large or small their company.”
Glenn T. Suddaby, United States Attorney for the Northern District of New York said, "The IFCO case is an outstanding example of intense cooperation between prosecutors, federal investigators, and state and local police which has successfully concluded a 14 month conspiracy investigation."
New York State Police Superintendent Wayne E. Bennett said, “It is disturbing that there are businesspeople who have decided to exploit illegal aliens for the sole purpose of their own financial gain. Compounding the issue is the fact that corporation officials also engaged in tactics to obtain false identifications; instructed illegal aliens on how to avoid detection by law enforcement officials; and, practiced deception with government agencies regarding the true identifications of the workers.”
Those arrested yesterday pursuant to the criminal complaints are:
* Robert Belvin, 43, of Clifton Park, NY, the former general manager of the IFCO plant in Guilderland, NY; arrested yesterday in Guilderland.
* Abelino “Lino” Chicas, 40, of Houston, TX, the assistant general manager of the Houston West IFCO plant in Houston, TX; arrested yesterday in Atlanta.
* James Rice, 36, of Houston, TX, a former IFCO new market development manager and regional general manager; arrested yesterday in Houston.
* William “Billy” Hoskins, 29, of Cincinnati, OH, an IFCO new market development manager and the general manager of the Cincinnati IFCO plant; arrested yesterday in Milwaukee.
* Michael Ames, 44, of Shrewsbury, MA, the general manager of the IFCO plant in Westborough, MA; arrested yesterday in Westborough.
* Dario Salzano, 36, of Amsterdam, NY, the assistant general manager of the IFCO plant in Guilderland, NY; arrested yesterday in Guilderland.
* Scott Dodge, 43, of Amsterdam, NY, a former foreman at the IFCO plant in Guilderland and at the IFCO satellite location within the Target Distribution Center in Amsterdam, NY; arrested yesterday in Amsterdam.
* Vincente Araus-Rivera, 44, an employee at the IFCO plant in Guilderland, NY; arrested yesterday in Guilderland.
* Ovidio Umana, 28, an employee at the IFCO plant in Guilderland, NY; arrested yesterday in Guilderland.
It is important to note that criminal complaints contain mere allegations. Defendants are presumed innocent unless and until proven guilty in a court of law.
###
Related Information
* Press Conference with Secretary of Homeland Security Michael Chertoff, Assistant Secretary for Immigration and Customs Enforcement Julie Myers, and United States Attorney Glenn Suddaby, April 20, 2006
U.S. Immigration and Customs Enforcement was established in March 2003 as the largest investigative arm of the Department of Homeland Security. ICE is comprised of four integrated divisions that form a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities. "
orangeburger wrote on Jan 16, 2009 3:00 PM:
cherokee wrote on Jan 16, 2009 11:18 AM:
At present, there are approximately several "sleeper cells" under surveillance in the US at this very moment. I cannot divulge anymore information except to state that almost everyone did enter the US illegally or overstayed their visa time limit, and the majority are either employed or have held jobs in the US in the past. No they are not migrant workers but where do we draw the line.
For your information, there is a very large "Mexican" cartel based out of Atlanta who are seeking control over illegal drugs in the US. And yes, some members of this cartel are posing as workers and none of this group have entered this country legally. This cartel, along with other gangs, based in locations spread out in major cities throughout the nation, have been armed with the help of the Russian Mafia who have entered both legally and illegally.
PS. These groups have "sold" ten of thousands of Green Cards to illegal aliens and are some of the biggest suppliers of these fake cards.
This isn't fantasy. It is real. And this is only the tip of the iceberg. Security issues are a problem in this country.
Worker background checks and worker status (E-Verify) are essential. Legal migrant workers should have no problems with either check. Nor should any employer. If you so desire, you are free to employ these workers at whatever salary. However, you will not be free to do so for illegal aliens. If they want to work in the US, then they must return to their country and apply for a green card before they can return. This system is in effect and has been for decades.
PS. Several other countries have had a system for verifying emigrant status for some time now and the systems are working. The US is just behind the times. "
orangeburger wrote on Jan 14, 2009 7:30 PM:
cherokee wrote on Jan 14, 2009 6:13 PM:
There are multiple reasons to verify the immigrant status of ALL employees except one that was not mentioned in the comments given so far. This applies directly to employers who may, unwittingly, hire persons intent upon doing harm. These are illegals who pose as good citizens but secretly belong to terrorist cells (sleeper cells) or to various criminal enterprises. A job is a good cover for these people. These are the people that we should fear, not the illegals who come to better themselves and to feed their families even though the law is against them. However I do feel that they should have taken a legal approach in coming to the United States and I do believe that ALL emigrants must take steps to become a citizen else they must lose their status and be deported. "
orangeburger wrote on Jan 14, 2009 3:23 PM:
Delaware Bob wrote on Jan 13, 2009 12:22 AM:
OH, you want cheap labor and the American taxpayers to pay for all rhe benefits for these ILLEGAL ALIENS.
I can’t say the ILLEGAL ALIENS are completely to blame for the shape of our economy, but they are a BIG part of the problem. The ILLEGAL ALIENS send BILLIONS upon BILLIONS out of this Country every year, money we will NEVER see again. Does this help our economy?
How about the BILLIONS the American taxpayers fork out for the ANCHOR BABIES, the schooling of them, the medical care and the list goes on, and on, and on.
How about the MILLIONS upon MILLIONS paid to jail ILLEGAL ALIENS for the crimes, then the cost to deport them. Does this help our economy?
Then you have these so called activist groups that want AMNESTY for these ILLEGAL ALIENS. It would be absolute suicide for this Country if AMNESTY were granted to the 20 million or so ILLEGAL ALIENS. We have more and more people out of work everyday and they want to add another 20 million to this Country? I say, “NO”!
If AMNESTY were ever granted to these 20 million ILLEGAL ALIENS, you can bet big money that 3 years from now, there would be ANOTHER 3-5 million ILLEGAL ALIENS demonstrating on our soil for AMNESTY.
An end MUST come to this illegal immigration. The perfect tool we have so far is E-Verify. It MUST be used by ALL businesses and Government Social Services. EVERY employee must be checked! If they are illegal, they are to be dismissed!
I believe it is time for all 50 States to pass a State law, like Arizona, Oklahoma, Mississippi, Missouri, South Carolina and a few others. It is time for these ILLEGAL ALIENS to go back to their home Country and get out of this Country. The problems they are causing will not go away until the ILLEGAL ALIENS are out of this Country. I think that is plain to see. "
Brittanicus wrote on Jan 12, 2009 11:16 PM:
elloree67 wrote on Jan 12, 2009 10:16 AM: