Sunday, October 26, 2008

County businesses audit sparks immigration investigation of 500 workers (Beaufort Gazette)

County businesses audit sparks immigration investigation of 500 workers

Published Sat, Oct 25, 2008 12:00 AM
By MICHAEL WELLES SHAPIRO
mshapiro@islandpacket.com

BLUFFTON -- About 3,000 employee immigration forms have been audited at businesses in Beaufort as of last week, and more than 500 are questionable, according to Beaufort County auditors.

Many of those 500 workers probably used false or stolen identification cards to get their jobs, the auditors said.

The random audits of businesses were mandated by the Beaufort County Council in late 2006. A wide variety of companies are being randomly audited, but all are either based or doing business in unincorporated areas of the county.

Approximately 600 businesses have been audited, and about 25 of those appear to have hired workers who used fake or stolen IDs, said Larry McEllyn, managing director of Hilton Head Island-based Advance Point Global, which is conducting the checks for the county.

While 25 companies seems like a small number, McEllyn said, "Keep in mind that a lot of the businesses that we audit don't have any employees."

Additionally, many businesses that have been audited, like law firms, aren't likely to have hired illegal immigrants, he said.

"What's relevant is about 25 companies who've come up in our audit are responsible for between 500 and 600 instances of what we would call questionable documents," McEllyn said.

County administrator Gary Kubic has stressed that the county is giving businesses a chance to fix improperly filled-out immigration forms, called I-9s, or to fire workers using phony documents. The audits are meant to be instructive, not punitive, Kubic has said. But, if a business doesn't comply, it could lose its license to operate in the county.

In cases where ID fraud or theft is suspected, auditors are turning the information over to the Beaufort County Sheriff's Office for possible criminal investigation.

Over the summer, the federal Immigration and Customs Enforcement agency trained and authorized five local sheriff's deputies to investigate federal immigration crimes, like ID fraud. Those officers began reviewing the county audits about 10 days ago, according to Sheriff P.J. Tanner.

Under federal law, an employer breaks the law by knowingly hiring an illegal immigrant. However, if a business unwittingly hires and illegal immigrant, it is not a crime.

ICE has faced criticism for cracking down harder on employees than on employers. The Wall Street Journal reported that last year ICE made 937 criminal arrests. Of those, 99 were managers, business owners or human resource employees.

Tanner said the evidence the local ICE deputies unearth will determine whether workers, employers or both face charges.

He couldn't say how long any investigations would take. "I've told (the deputies) to be extremely methodical," he said.

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