Marietta Daily Journal

Claim of illegal workers now under state jurisdiction

Cobb Chairman Sam Olens and Commissioner Tim Lee say the general contractor overseeing the construction of the county’s new Superior Courthouse has taken appropriate action regarding recent allegations that illegal immigrants were employed to work on the project- and any further action is out of their hands…

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Report: Illegals working on courthouse
by Katy Ruth Camp

February 10, 2010
MARIETTA – An undercover agent for the watchdog group Jobs for Georgians has worked as a bricklayer the past three months on the construction of the new Cobb County Superior Courthouse, and told the Cobb Board of Commissioners on Tuesday he has evidence that illegal immigrants have been employed and paid in cash by a subcontractor on the project.

Commission Chairman Sam Olens said that the county would take “immediate action” if the allegations of illegal employment prove to be accurate, but added that right now they are only allegations.

Jose Alvarez may have looked like just another bricklayer, but he has been gathering evidence for Jobs for Georgians that he says substantiates the group’s suspicions that illegal immigrants are working under the watch of one of the project’s subcontractors.

Alvarez, who is also a business agent for the Washington, D.C.-based organization International Bricklayers, said he and another construction worker with Jobs for Georgians, Frank Lozano, began working on the site in November. Posing as bricklayers, they formed relationships with the workers and subcontractors and continued their work into January.

He was told subcontractor Zebra’s policy is for workers to show up at the job site in order to obtain work. But Alvarez said he could not get “a straight answer” from Victor Candelaria, a contractor hired by Zebra to oversee workers laying the blocks at the courthouse, about how much his workers were being paid. Alvarez said Candelaria’s reluctance to give him answers aroused his suspicions.

After discussions with other workers, Alvarez and Lozano learned they were being paid $10 an hour, as opposed to $18 an hour, which Alvarez said is the normal hourly rate. He said he soon found out there was a reason for the unreasonably low pay.

“I have a recorded conversation with Damian Perez, a bricklayer from Canada with legal status, who told me that he asked Victor when he was first hired whether he needed to present them with his papers, and he was told no. He said all he would need to do is go through a drug screening and the safety training set up by Turner, and that was it,” Alvarez said. “So I asked him why everyone was getting paid so low, and he told me Victor would take the checks issued to him by Zebra, cash them, then pay the workers in cash. He told them they were being paid less than usual, but that it was OK because there would be no taxes taken out. I can’t say I was surprised, because we knew this was going on not only with Zebra but with others, but it was good to finally get it on tape.”

Alvarez and a dozen other members of Jobs for Georgians voiced their concerns during Tuesday morning’s Cobb Board of commissioners meeting. Alvarez provided the commission with invoices that he said show Zebra even cheated Candelaria out of his $9,000 retainer.

Zebra, for its part, said that every precaution was taken to ensure each worker could legally work in Georgia.

“There are absolutely no workers working for us that have not been disclosed, and I don’t know where they’re getting these allegations from,” Zebra Construction President Chip Kessler said. “We were 100 percent compliant, and have been on E-verify since July.”

But Kessler also said that Candelaria was taken off of the project on Friday and replaced with another contractor. “He was replaced because he told us he was not enrolled in E-verify,” Kessler said.

This means that no workers under Candelaria were checked through E-verify while Zebra employed him, and that Alvarez’s estimate that at least 14 illegal workers were employed under the subcontractor could be accurate.

So why was Candelaria hired in the first place with no enrollment in E-verify?

“We didn’t ask,” Kessler said.

Kessler also said that Candelaria had worked on other projects for the company, and that Zebra employed him through another company but did not know the name of the company. He was not sure whether the workers who were employed by Candelaria have since been checked through the system and subsequently prohibited from working on the project if found to be in the country illegally. The replacement, which Kessler said was not prompted by an e-mail complaint that was filed with the county commissioners on Friday, is following code and that the contractor who replaced Candelaria is enrolled in E-verify.

The leader of the Jobs for Georgians investigation, John Ciancia, said that Atlanta-based general contractor Turner Construction, the site’s project manager, could probably argue that it was following its legal obligations because Turner’s pay checks were going to subcontractors who passed its E-verify check, such as Zebra, then were handed down to Candelaria, a legal resident. But that does not mean Turner was not aware that illegal immigrants were working on the project, Ciancia said.

“Zebra’s bid was a million dollars less than the second lowest bidder, which should have told them something,” Ciancia said.

Alvarez agreed. “If you just talked to the workers and walked around the job site, it’s obvious,” he said.

Turner released a statement arguing that it has followed federal regulations set in place through the E-verify system. Georgia requires that all government contractors use the system to verify that each new worker is legally able to work in the United States.

“Upon hearing of allegations that a subcontractor on the Cobb courthouse project may not be in compliance with their contract and the law, Turner took immediate steps beyond the company’s contractual obligations to conduct a review of all subcontractors’ use of E-verify to check the employment status of workers on the projects,” Turner Public Relations Manager Shannon Eckhert said in the statement. “In addition, Turner officials say they have set up a procedure to check workers’ identification when they access the jobsite so that their names can be crosschecked with a verified list of employees. Turner will continue to cooperate closely with the County and to monitor the employment eligibility of all workers on the courthouse project. If it is found that a worker or subcontractor is not in compliance with the law and Turner’s policies, then the appropriate action will be taken in cooperation with Cobb County and the authorities.”

Olens said the county would investigate the allegations of illegal employment, but added right now they are just that – allegations.

“We certainly don’t want any illegal activity happening on one of our projects, so we fully complied with the law and expect Turner and anyone else to do the same,” Olens said. “And it’s not that we’re disagreeing that illegal workers should be pulled from a job site, but it’s that we need some evidence that this is going on before we can take any further action.”

The county received an e-mail complaint on Friday, and Olens said that Turner responded within hours that all workers had been checked and that the project’s standards were being upheld.

“I don’t think there’s anything illegal going on, and if we get evidence to the contrary, then we’ll dig deeper into it,” Commissioner Tim Lee said. “We received the complaint last week, went through our protocol, and we feel Turner has met its obligation. Barring any additional evidence to the contrary, there’s not much we can do. Just because someone accuses someone else of something doesn’t mean that it’s actually happening, But if it is, present that evidence to our attorney and we’ll take action.”

Ciancia said he would hold the county commissioners to their word.

“I plan to present them with whatever they need, tomorrow morning if that’s what they want,” Ciancia said Tuesday. “But if they become aware of what is going on and don’t do anything about it, we will protest and there could be legal action.”

Cobb spokesman Robert Quigley said the county attorney expects that the affidavit Turner signed with the county in its contract stating it would comply with E-verify, and other stipulations in the contract, will mean that any civil suits filed will be directed at Turner and Zebra. He and Olens also said it is not yet clear if Turner or Zebra would be fired, should the allegations turn out to be true.

Mike Fredenburg, a retired HVAC worker, Kennesaw resident and former Kennesaw city councilman, spoke during Tuesday’s meeting and said he just wants to see local, legal residents getting the jobs that illegal immigrants are now receiving.

“I don’t have anything against illegal immigrants as people, but we all have rules and laws that we have to abide by, and those who are following the laws should be given top priority,” Fredenberg said. “It isn’t unusual for this to happen, but during this historically difficult time for construction workers and with so many legal residents out of a job, it’s important that it doesn’t happen. That’s all we want.”

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Laborers at Cobb Courthouse didn’t show work permits
By Mary Lou Pickel

The Atlanta Journal-Constitution

6:41 p.m. Tuesday, February 9, 2010

A boss who employed bricklayers at the new Cobb County Courthouse in Marietta did not verify that they were legally allowed to work in the United States.

That boss was removed from the job on Friday and the 10 brick masons who worked for him were let go, said Chip Kessler, president of Zebra Construction, the main masonry subcontractor on the courthouse project.

Allegations that illegal immigrants were working on the $63 million courthouse project came to light last week when a bricklayers union organizer questioned the county.

Another bricklayers representative said he talked with employees at the courthouse in November and asked if papers were needed to get a job there. The employees said no papers were needed and that they were paid in cash, said Jose Alvarez, business marketing representative of the International Union of Bricklayers and Allied Craftworkers in Washington.

The union members notified the county on Friday of their allegations and that’s when Cobb officials called Turner Construction Co., the main contractor on the courthouse job.

Turner called Suwanee-based Zebra, which then asked its masonry sub-subcontractor, Victor Candelaria, if he was checking the legal status of his workers. He was not, Kessler said.

“When we asked him, and he wasn’t on that, we changed it and made sure we were in compliance,” Kessler said.

State law requires contractors and subcontractors on public jobs to use a federal program called E-Verify, which runs names through a database and checks Social Security numbers and immigration information to make sure a worker is allowed to work in the United States.

On Friday, Zebra hired Stone Wall Masonry to run the bricklaying operation at the seven-story courthouse. The company uses E-Verify and checked the 17 new masons brought onto the job, Kessler said.

Candelaria, a legal worker, is still employed by Zebra in another capacity, Kessler said.

A group of skilled tradesmen told Cobb commissioners on Tuesday they were concerned because they believed that illegal immigrants were building the county’s courthouse.

“This is leading to unemployment of tax-paying citizens,” Ed Wigart of Powder Springs told the commission. “I know a lot of people are living day to day.”

About a dozen plumbers, pipe-fitters, masons and others attended the county commission meeting, led by John Ciancia, the bricklayers union organizer who approached the county.

“People of Cobb County could be put to work,” Ciancia said, referring to the courthouse project.

Michael Moten, an unemployed bricklayer from Austell, said he tried to get a job working on Cobb’s courthouse in November but was given different names of people to talk to. Finally he talked with the sub-subcontractor, who told him that he would not get a job. “He only hires people he knows,” Moten said.

Read the original article here.

AJC

Senate bill sets to reward municipalities who seek out criminal illegal immigrants
February 8, 2010,
Ernie Suggs

Local governments that use established governmental programs to find and identify criminal illegal immigrants would be given monetary incentives under a newly-proposed senate bill.

Sen. John Wiles (R-Kennesaw) today introduced SB 385, which would reward governments for using U.S. Immigrations and Customs Enforcement (ICE) Section 287(g) and Secured Communities programs so that criminal illegal aliens are identified and turned over to the proper authorities.

“Many people from other nations move to the U.S. and Georgia and become law-abiding American citizens to find a better life for their families. Unfortunately, there are some that choose to circumvent our laws,” said Wiles. “There is a growing concern that many criminal illegal aliens are not being identified because local governments do not participate in these important programs. I want to help the local jail systems participate in these federal programs so that criminals are transferred to the federal government for

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Georgia Senate Press Office

Wiles Proposes Incentives to Local Governments Utilizing U.S. Immigrations and Customs Enforcement Programs

ATLANTA (Feb. 8, 2010) – State Sen. John Wiles (R-Kennesaw) today introduced legislation that would provide monetary incentives for local governments to utilize U.S. Immigrations and Customs Enforcement (ICE) Section 287(g) and Secured Communities programs so that criminal illegal aliens are identified and turned over to the proper authorities.

“Many people from other nations move to the U.S. and Georgia and become law-abiding American citizens to find a better life for their families. Unfortunately, there are some that choose to circumvent our laws,” said Wiles. “We must incentivize local governments to use Section 287(g) and Secured Communities so we can quickly identify criminal illegal aliens, get them out of local jails and to the ICE. There is a growing concern that many criminal illegal aliens are not being identified because local governments do not participate in these important programs. I want to help the local jail systems participate in these federal programs so that criminals are transferred to the federal government for detention.”

Wiles’ bill (SB 385) would provide a 20 percent bonus from the state to local governments that utilize the ICE 287(g) program and a 10 percent bonus from the state for those that utilize the Secured Communities program. ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) provides local law enforcement agencies an opportunity to team with ICE to combat specific challenges in their communities.

“As Sheriff of Cobb County, I support any legislation that requires the State to financially meet their custodial responsibilities for state-sentenced inmates. Today we have 309 convicted inmates, of which 14 currently have ICE Holds, awaiting transfer to the Georgia Department of Corrections. Since we are receiving less than 50% of the actual cost to house these inmates, any efforts to reduce this burden would be a bonus to the taxpayers of Cobb County,” said Sheriff Neil Warren.

The Section 287(g) program is only one component under the ICE ACCESS umbrella of services and programs offered for assistance to local law enforcement officers. ICE developed the ACCESS program in response to the widespread interest from local law enforcement agencies who have requested ICE assistance through the Section 287(g) program, which trains local officers to enforce immigration law as authorized through Section 287(g) of the Immigration and Nationality Act.

Secured Communities is a Department of Homeland Security initiative that improves public safety by implementing a comprehensive, integrated approach to identify and remove criminal aliens from the United States. The Secure Communities Program Management Office coordinates all ICE planning, operational, technical, and fiscal activities devoted to transforming, modernizing, and optimizing the criminal alien enforcement process.

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“When I was a boy I was told anyone could become president; I’m beginning to believe it.”

-Clarence Darrow

San Diego News Network

Car involved in crash had 15 illegals

At least 15 suspected illegal [aliens] escaped injury Saturday when their driver failed to pull over for a sheriff’s deputy and struck a tree on the Sunrise Highway in the Laguna Mountains, authorities said. — The deputy tried to stop the van for a traffic violation about 1 p.m., sheriff’s Lt. Hope Andrews said…

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PHOTOS HERE

The crimes of illegal immigration and illegal employment are not separate issues from…

JOBS, JOBS, JOBS FOR GEORGIANS AND THE BUDGET CRUNCH!

The official estimate from the federal government is that there are about 450,000 illegal aliens living in Georgia. Demographers tell us the real number is twice that census estimate. Former state Senator Sam Zamarripa, who is also Chairman of the Georgia Association of Latino Elected Officials (GALEO) put the number at “about a million” in 2006.

As reported by NPR, the Pew Hispanic Center estimates the illegal workforce nationwide to be 5%…most authorities recognize that figure to be higher in Georgia. In 2007, there were more than 8 million cases of employees with Social Security Numbers that did not match their names or official records. (“No-match”)

February, 2010 Bureau of Labor Statistics stats put unemployment at just under 10% for the nation as a whole, with 16% for African Americans, 13 percent for Latinos. The actual nationwide unemployment rate is estimated to be 17%.

In the most polite terms, to not consider illegal immigration and enforcement aimed at curtailing this crime while searching for solutions to the Georgia unemployment and budget crisis is quite unproductive. One job lost to lack of enforcement is too many.

Not only is the black-market labor taking jobs from Georgians, it is lowering wages for the poorest among us while the illegal workers and their dependents use an abundance of taxpayer services and benefits which are rapidly shrinking.

Much of the illegally earned wages are paid “under the table” by unscrupulous criminal employers and much of the wages paid to illegal aliens is sent out of the country. Illegal immigration is having a terrible effect on our quality of life.

Last year the Border Patrol was able to apprehend more than 550,000 illegal border crossers and hundreds of thousands of visa holders refused to leave the U.S. when their visas expired. Official estimates are that 1 in 3 are caught. Our borders are not secure.

In 1986, we tried to solve the illegal immigration problem with a legalization program for about 3 million illegals. We now have 12-20 million illegals who escaped capture at our borders clamoring for legalization, citizenship and the right to vote. Amnesty does not stop illegal immigration.

Where American immigration laws are enforced, illegals leave for more friendly areas in which to live. This creates jobs and reduces the drain on our budget.

Americans looking for a better life should be asking our elected officials and candidates what they are doing to protect the American worker by reducing the illegal alien population in the nation and in Georgia. If not now…when?

www.TheDustinInmanSociety.org

Business and Labor on Immigration

Zogby Poll: DC Lobbyists Often Out of Step with Constituencies

WASHINGTON (February 3, 2010) – A new Zogby poll of senior executives, business owners, and members of union households finds that each of these groups thinks the best way to deal with illegal immigrants in the country is to enforce the law and cause them to return home. This is in stark contrast to lobbyists for large companies, such as the U.S. Chamber of Commerce, which argue for legalization. The findings of the survey are consistent with surveys done by the National Federation of Independent Business, which represents small enterprises, showing strong opposition to legalization. Among unions, the leadership strongly supports legalizing illegal immigrants, but this survey shows enforcement — not legalization — is by far the option favored by union members and their families. This survey of likely voters uses neutral language and includes 7,046 members of union households, 2,490 executives (e.g., CEOs, CFOs, VPs or department heads), and 9,990 small business owners.

Among the findings:

When asked to choose between enforcement that would cause illegal immigrants in the country to go home or offering them a pathway to citizenship with conditions, most members of the business community and unions chose enforcement.

Executives (e.g. CEOs, CFOs, VPs etc.): 59 percent support enforcement to encourage illegals to go home; 30 percent support conditional legalization.
Small Business Owners: 67 percent support enforcement; 22 percent support conditional legalization.
Union Households: 58 percent support enforcement; 28 percent support conditional legalization.

One of the most interesting findings of the survey is that members of the business community think there are plenty of Americans available to fill unskilled jobs.

Executives: 16 percent said legal immigration should be increased to fill unskilled jobs; 61 percent said there are plenty of Americans available to do unskilled jobs, employers just need to pay more.
Small Business Owners: 13 percent said increase immigration; 65 percent said plenty of Americans are available.
Union Households: 10 percent said increase immigration; 72 percent said plenty of Americans are available.

Most members of the business community and union households do not feel that illegal immigration is caused by limits on legal immigration, as many of their lobbyists argue; instead, members feel it is due to a lack of enforcement.

Executives: Just 13 percent said illegal immigration is caused by not letting in enough legal immigrants; 75 percent said inadequate enforcement.
Small Business Owners: 10 percent said not enough legal immigration; 79 percent said inadequate enforcement.
Union Households: 13 percent said not enough legal immigration; 74 percent said inadequate enforcement efforts.

In contrast to many businesses group and union leaders, most executives and union members think immigration is too high.

Executives: 63 percent said it is too high; 5 percent said too low; 16 percent said just right.
Small Business Owners: 70 percent said it is too high; 4 percent said too low; 13 percent said just right.
Union Households: 63 percent said immigration is too high; 5 percent said too low; 14 percent said just right.

Discussion: The large divide between union members and their leadership on the immigration issue is not really surprising. Union members and their families want higher wages and better working conditions that would likely come from lower levels of immigration. While union leaders also want improved conditions for workers, they see legalized immigrants as potential new members, giving them a different point of view. The divide between some business lobbying groups and their members of the business community on immigration is perhaps more surprising.

The largest business association representing big companies is the U.S. Chamber of Commerce. The Chamber supports ‘earned legal status leading to legal permanent residency’ for illegal immigrants. But when given the options of a conditional legalization or enforcement and illegal immigrants going home, executives and small business owners choose enforcement over legalization two and three to one. As for future levels of immigration the Chamber has made clear that, ‘We face a larger and larger shortage’ of low-skilled workers. The Chamber’s president argues that more immigrant workers are needed, ‘to fill jobs Americans don’t want.’ While the idea of improving wages and working conditions to attract American workers does not seem to have occurred to the Chamber, small business owners and executives consider this the best option. Four to one, executives said if employers can’t find enough workers they should pay more rather than increase immigration levels. For small business owners it was five to one.

The survey reported here might be surprising to some, but the National Federation of Independent Business (NFIB) states clearly on its website that, based on its survey of members, 79 percent ‘believe undocumented workers should return to their country and seek admis¬sion legally.’ Their website goes on to state that ‘NFIB will not support legislation that contains amnesty for undocumented workers.’ Although the Zogby poll discussed here never uses the word ‘amnesty,’ when asked about conditional legalization, versus enforcement, small business owners and executives are clear – immigration laws should be enforced and illegal immigrants should go home.

Methodology: Zogby International was commissioned by the Center for Immigration Studies to conduct an online survey of 42,026 adults. A sampling of Zogby International’s online panel, which is representative of the adult population of the United States, was invited to participate. For small business owners, Zogby asked respondents if they owned a small business. Executives are those who indicated they were either a C-level executive, managing partner, managing director, or served on the board of directors. Persons in union households are either a member of a union themselves or live with someone who is a union member. The survey was conducted by Zogby from November 13 to 30, 2009. The margin of error for all likely voters is +/- 0.5 percent. The margin of error for executives is 2 percent, for small business owners 1 percent, and for those in union households 1.2 percent.

The survey is available online at http://www.cis.org/Business-Union-Poll .

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The Center for Immigration Studies is an independent research institution that examines the impact of immigration on the United States.

“Americans need border security now — not 10 years down the road”

United States Department of Homeland Security Secretary Janet Napolitano, in a statement concerning the failure of the Bush era “virtual fence” on the nation’s southern border. February 3, 2010 . HERE