Cherokee Ledger News

New immigration law targets employers
By Carolyn Mathews
carolynmathews@ledgernews.

READ THE NEW ORDINANCE HERE

A new proposed ordinance designed to deal with undocumented immigrants in Cherokee County puts the emphasis on prohibiting businesses from hiring them. It also would require every renter in Cherokee County to obtain a permit stating that they are in the country legally.

“The root of the problem is the employment issue,” said Post 4 Commissioner Derek Good. “That’s why we decided that’s what we needed to take a hard look at. An unauthorized alien has no right to work in this country.”

Post 1 Commissioner Harry Johnston said he thinks the new ordinance, with some tweaks, probably will hold up in court. He said he favors local and state government doing what it reasonably can to address the void the federal government has left in addressing the issue of undocumented aliens.

“It’s written carefully to conform to court orders that have come out,” Johnston said. “However, it’s sure to be challenged, too.”

As a consultant on the language of the new ordinance, the county hired University of Missouri at Kansas City law professor Kris Kobach, who has designed several ordinances relating to the harboring of illegal aliens. Kobach will speak at a special called meeting and public hearing at 6 p.m. Nov. 17.

The new ordinance, if approved, would take the place of an ordinance outlawing the renting of homes to illegal aliens that was scheduled to take effect at the beginning of 2007, after the county commission unanimously approved it in December 2006. Enforcement of the new law was put on hold under a consent agreement after it was almost immediately challenged in court.

The county’s current contested ordinance is very similar to a Hazelton, Pa., ordinance that was struck down by a federal court in 2007.

That ordinance currently is being heard in the U.S. Third Circuit Court of Appeals in Philadelphia.

The replacement ordinance is designed to “prohibit the known harboring of illegal aliens and
suspend the business licenses of those who knowingly employ unauthorized illegal aliens and to promote the safety and welfare of the citizens.”

The old ordinance held Cherokee County landlords in unincorporated areas of the county responsible of “harboring” an illegal alien if they did not gather, and provide, when asked, verification of their tenants’ immigration status.

The new ordinance requires all adult occupants of a leased or rented dwelling in the county to obtain a $5 occupancy license from the county business license division that establishes their legal presence in the United States. If an applicant cannot provide paperwork, they must sign an affidavit stating they believe they are lawfully in the country.

“They’re going to walk out with a permit,” Good said. “Then we’ll follow up if it doesn’t match, and revoke the permit if necessary.”

When asked if he thought having to get occupancy licenses for rental properties in the county would make them harder to rent, Good said he didn’t think so.

“You’ve got to go to Canton anyway to get your water turned on and such,” he said.

Johnston disagreed, saying the housing portion of the ordinance’s downside was bigger than its upside.

“People are just going to go to Cobb County to rent. It’s going to be massively confusing and harder for landlords to rent their property,” he said. “It’s too much government interference with the people.”

Under the proposal, after an occupancy license is obtained, the county business license department must then verify identity.

The proposed ordinance would also make it unlawful for any business entity to knowingly recruit, hire for employment or continue to employ anyone who is found to be an illegal alien.

The prohibition does not apply to the hiring of an independent contractor by a business entity or to the intermittent hiring of casual labor for domestic tasks for household work.

When asked if that creates a loophole in the law for construction and landscape contractors, Good said he’s satisfied with the wording.

“We can’t go outside the law,” he said. “It’s designed according to what the appeals court approves. Otherwise, it would open us up to litigation.”

The ordinance requires all contractors doing business with the county to run their employees through an E-Verify system check.

“When Cherokee County hires landscapers to work with us, we require they sign an affidavit, and if they falsely sign, it’s a felony,” Good said.

If the county receives a complaint as to whether a business is hiring undocumented workers, the county business license department may attempt to verify worker status.

If either a business or a landlord is found to be knowingly harboring illegal aliens, their business license may be suspended.

The county business license department and the county Marshal’s Office would responsible for enforcement of the
proposed ordinance.

HERE