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Immigration is a federal issue, county's mayors insist

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The mayors of Beaufort County's three biggest municipalities say enforcing illegal immigration is better left to the federal government and the County Council is overstepping its authority by trying to regulate it.

"It seems to me the place to deal with the whole immigration issue is at the federal (level), as it should be," said Hilton Head Island Mayor Tom Peeples. "Why would we want to go out and take the limited resources that the county has and put them in a position to monitor this issue?"

Elected officials with the municipalities haven't taken up the proposal, but without their support the proposed law would apply only to unincorporated Beaufort County. That means businesses operating in Bluffton, Hilton Head, Beaufort and the county's other municipalities wouldn't have to follow the same rules as businesses that operate outside town or city limits.

The proposal, scheduled for a final county vote Nov. 27, encourages businesses to verify Social Security numbers and other personal information on the federal government's free Web-based program called the Basic Pilot Program. A business could have its license revoked if the county finds out it's employing illegal workers and didn't participate in the program.

Beaufort Mayor Bill Rauch said he doesn't know where the City Council stands on the issue, but his initial reaction is that it's a federal responsibility that shouldn't be regulated by local governments.

"Even if all of Beaufort County were to be on board, then is Jasper County on board?" Rauch asked. If it isn't, "then aren't you giving an advantage to businesses in Jasper County? ..."

"To do it locality by locality, it really provides an unfair advantage for the locality next door that doesn't do it, which is why it's a federal responsibility, typically," Rauch said.

Bluffton Mayor Hank Johnston also worries about whether the proposal is legal and enforceable.

"I understand the illegal immigration issue," Johnston said. "I think something needs to be done about it, but I don't think we've got all the tools in place to do anything at this point."

But County Councilwoman Starletta Hairston, who proposed the ordinance, said the County Council shouldn't back down just because town leaders oppose the measure. She thinks they might agree to the plan once the county works out legal concerns and educates the public on how it would work.

"I think the municipalities will eventually come on board, because it is fair and equitable to all people seeking jobs and opportunities," said Hairston, who represents mid-island Hilton Head.

The most difficult battle could play out on Hilton Head because in November 2004, the Town Council rejected a similar proposal that would have required all business-license applicants to prove they and their employees were legal workers. The Town Council decided not to enforce illegal immigration, saying it's a federal responsibility.

Should the issue come before the Town Council again, Councilman John Safay said, "I'll do everything in my power to block it from spreading to Hilton Head Island." He's worried about usurping federal responsibility with a local law and damaging the island's image. If the county wants to continue pursuing the issue, he said, it should wait until January, when six newly elected members are sworn in on the 11-member County Council.

"I don't think it's appropriate that this lame-duck County Council should be making a decision of this magnitude," Safay said. "It would be more appropriate for the new council to make this decision."

As it stands, a majority of County Council members have said they won't approve the ordinance on final reading unless they're satisfied with the results of a pending legal opinion. Two more council meetings are scheduled before the new council takes office, and Hairston said the council has a responsibility to move the issue forward.

"Just because I wasn't elected next term doesn't mean I'm supposed to walk away from my duties until the next crew comes on," she said.

If the county ordinance isn't approved by the end of the year, Hairston's replacement, Steve Baer, said he won't let the issue fade away.

"Somehow or another we're going to have to provide some controls to prevent illegal action," Baer said. "And if this ordinance fails for some reason or another, I'm going to work to come up with an ordinance that's fair and passable."

The most vocal supporters of Hairston's proposal are from Hilton Head, where the ordinance wouldn't apply without Town Council support. But Baer thinks the County Council can "use moral ground" to persuade Hilton Head leaders to sign on.