A Better Solution to Gwinnett`s Illegal Immigrant Problem

Written by Bob Griggs

The sparring between the two announced candidates for Commission Chairman and Sheriff Butch Conway over illegal immigration enforcement continued yesterday with a commentary by Chairman Charles Bannister in the Gwinnett Daily Post. In it, Bannister presents his side of the discussion...

... of "287(g)," a federal program that gives local law enforcement the training and authority to identify and process illegal aliens who are booked into the county jail. He also challenges the Sheriff's assertion that the program could require $3 million in additional funding and 18 more deputies.

The politicians can talk all they want about who is out front on the issue of illegal immigrants in Gwinnett, but I have a solution to the problem that is guaranteed to work and will actually save the county money.

A Little History

The local discussion of the impact of illegal immigration heated to a fever pitch in 2006. The U.S. Congress offered no hope of a national solution; pro-illegal alien rallies and marches were grabbing the headlines. In May I penned an article, "Nothing Mexican on Cinco de Mayo" that, with the assistance of Neal Boortz, fueled a nationwide mini-counter-protest. I also helped to organize a rally that drew regional media attention.

Earlier in the year, the State Legislature had passed SB-529, the "Georgia Security/Immigration Compliance Act." Among other things, it requires state and local governments to verify the employment eligibility of public employees and requires any company receiving a public contract to verify as well.

In July 2007, the Commission adopted a proposal that Commissioner Lorraine Green had been working on since at least January of last year. Green wanted to accelerate the verification provisions of SB-529 and apply them to existing employees (SB-529 only applied to those hired after an employer began its verification effort).

Although Green's effort was well-directed, the ordinance drafted by the county legal staff was not. As I wrote at the time, the ordinance was fatally flawed in that it not only would have required employers to violate the privacy of their workers but it didn't even expressly require the companies to verify anybody. Two contractors' organizations sued to prevent the county from enforcing the ordinance. A federal judge agreed with the contractors and the county began rewriting the ordinance. Last week, the Commission adopted a version that fully satisfies the judge's concerns, but remains an effective enforcement tool.

A Lotta Talk, Little Action

Chairman Bannister, on the other hand, is a latecomer to the illegal immigration issue. To date, Bannister's "leadership" has consisted of criticizing Green's effort as being politically motivated; criticizing the county staff for producing a "hurriedly patched together" and "poorly written" ordinance; and criticizing an understaffed Sheriff's Department for failing to participate in 287(g).

(The S.O. has benefited from two Immigration and Customs Enforcement (ICE) agents stationed full-time at the jail for about 10 years. Gwinnett has been a pioneer in local enforcement of immigration law while over 99% of the nation's law enforcement agencies had no enforcement effort.)

"Gwinnett County has got to move the ball forward with the issue of illegal immigration," Bannister said, adding that he "has had enough of waiting for more shoes to drop regarding the county's illegal immigration legislation."

That was in December. To date, as evidenced by his GDP commentary, Bannister's "leadership" has not evolved much beyond more criticism and a repeated call for 287(g). Bannister has failed to propose a single measure designed to address the impact of illegal immigration on our county.

But the cost to the county doesn't end with deportation. More often than not, the deportee will leave family and friends and the hope of employment behind in Gwinnett. In a matter of months if not weeks, the deported alien will return, oftentimes to be arrested again.

Take a look at the folks processed through the Jail on any given day. A large percentage will be Hispanic males, potentially illegal aliens; arrested for minor traffic offenses, public drunkenness and the like. Under 287(g), an obligation would be created to process every illegal alien for deportation.  Financially, it could be a disaster for Gwinnett County-- the processing, prosecution, housing and feeding of illegal aliens is a rat hole into which every public dollar thrown disappears with absolutely no measurable return.

Better Than 287(g)

But what if the Sheriff's Department never had to process the illegal alien in the first place? What if there were no illegal aliens to get caught up in law enforcement's nets?

For years, Gwinnett's overheated housing market provided plenty of employment for unskilled laborers; Gwinnett's rapid pace of development has, in my opinion, attracted what is now the largest immigrant community in the state and the fastest-growing in the southeast.

However, if we enacted safeguards to ensure that local jobs went only to those eligible to hold them and aggressively prosecuted individuals and businesses who hire illegal aliens, we would quickly eliminate the primary reason that illegal aliens come to Gwinnett.

SB-529 and Gwinnett's ordinance only require that employers who receive public contracts verify the employment eligibility of their workers. However, most illegals are hired by small and medium-sized businesses- "mom and pop" lawn maintenance companies, home renovators and building sub-contractors, landscapers, sheetrock installers, brick masons, siding installers and the like-- for jobs not related to public contracts. In other words, the current legislative efforts will do little to eliminate the attraction of easy employment and nothing to punish the employers who hire the illegal workers.

Employ an Illegal Alien, Lose Your Business License

The key is to tie employment eligibility verification to the business license. If a company does not verify its new employees through the federal employment eligibility database (called "E-Verify") or is found to employ an ineligible worker, that company can lose its license to do business in the county; and for repeated offenses, the revocation of the license can be permanent.

Contrary to those who argue that immigration enforcement is the sole responsibility of the federal government, federal immigration law allows state and local governments to regulate "those who employ, or recruit or refer for a fee for employment, unauthorized aliens." The law specifically allows the imposition of civil or criminal sanctions through "licensing and other laws."

Numerous jurisdictions have enacted such laws in recent years. A quick Google search finds, for example, the ordinances of Myrtle Beach, Beaufort County and Dorchester County, South Carolina. Many of the ordinances are based on models provided by the Immigration Reform Law Institute. (Incidentally, the IRLI also provides free and low-cost legal advice for local governments trying to implement or defend immigration enforcement efforts.)

How It Works

Prior to the issuance or renewal of a business license, the company must prove that it has registered to participate in the federal E-Verify program. The employer signs an understanding with the Department of Homeland Security agreeing to check every new hire through the federal database and terminate any worker ultimately found to be unauthorized to work. (The company's principals must verify their eligibility as well.) Failure to honor the agreement can result in civil and/or criminal prosecution.

Some jurisdictions enforce the provisions of their licensing ordinance through inspections of the employers' records while others act only when a credible complaint has been filed that a licensee may employ an ineligible worker. The rights of an employer whose business license has been suspended or revoked are protected through a hearing and appeal process.

Obvious Benefits

Through authority expressly granted by federal immigration law and an ordinance aggressively enforced, the County Commission could practically eliminate the primary reason that illegal aliens come to Gwinnett. Without the possibility of employment, illegal aliens would "self-deport"-- along with their family members-- as has happened in other jurisdictions that have implemented aggressive enforcement efforts.

The business "playing field" would be leveled in terms of labor cost; no longer would one employer have a competitive advantage over another simply because he was willing to hire illegal workers. Jobs would be made available to eligible workers.

The impact on the Sheriff's Department would be significant. Not only would any additional costs associated with implementation of 287(g) be avoided, but the number of illegal aliens requiring room and board for months on end would be drastically reduced, along with the associated cost to the taxpayer. The two ICE agents currently stationed at the jail would be more than sufficient to process the illegal alien arrestees who remained.

The burden on our schools and other public services would be reduced as illegal aliens self-deported, saving the county additional money.

Action Plan

With a majority of the County Commission running for reelection this year and two members vying for the Chairman's slot, it will be difficult to spur them to action. We can motivate the Commission to act, however, by demanding action and expressing dissatisfaction with any Commissioner who refuses to move forward aggressively.

You should contact the County Commission today and insist that they adopt a "verification for business license" ordinance. If you're not comfortable expressing yourself on this issue, simply forward this newsletter to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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