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Illegal immigration law pushes ahead

More than 100 attend County Council meeting to debate proposal

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BEAUFORT -- A packed crowd of mostly Hispanic residents spilled out of the Beaufort County Council's chambers Monday to stand in support of impassioned arguments against a proposed illegal immigration ordinance.

But the fate of the controversial proposal now hinges on a pending legal opinion analyzing its constitutionality and not on the dozens of heartfelt appeals from residents on both sides of the issue.

The Beaufort County Council voted 8-2 Monday to move the proposal forward on second reading -- with a catch. A majority of council members said they would not approve the measure Nov. 27 when it comes up for third and final reading if they're not satisfied with a yet-to-be delivered legal opinion about the ordinance.

About 150 people packed the council's chambers Monday to hear the debate about the proposal, which is meant to deter businesses from hiring undocumented workers by revoking licenses from companies that knowingly employ illegal immigrants.

The meeting room was so crowded that the mostly Hispanic crowd spilled out into the hall, where the debate still could be heard on overhead speakers.

The most frequent argument against the proposal was that illegal immigration is a federal issue that local governments shouldn't try to regulate. Several construction and landscape business owners and organizations that represent them also spoke out against the proposal, saying the audits and computer background checks the proposal calls for would be burdensome.

It was the issue of racial discrimination, however, that sparked the most emotional debate, with several Hispanic residents saying they felt unfairly targeted by the proposal.

"One thing this ordinance is creating as everyone has told you is racial tension," said Roberto Gonzalez, one of the opponents who spoke during the hour-and-15 minute public hearing.

Several opponents took issue with supporters of the measure who complained that illegal immigrants turn to hospital emergency rooms for health care and don't pay their bills. Although the ordinance doesn't in any way address health care, opponents said such examples are unfair and portray all Hispanics badly. Opponents also took issue with suggestions that Hispanics strain the school system and don't pay taxes.

Of the 37 speakers, six spoke in favor of the measure, saying it would return jobs to legal residents and reduce government costs associated with providing public services to illegal immigrants.

"We shouldn't reward those who take advantage of cheap labor," said Beaufort resident Donna Starkey.

Councilwoman Starletta Hairston said she's gotten e-mails from more business owners who support her proposal because they can't compete with companies employing illegal workers. Those business owners didn't want to speak publicly about their position, she said, for fear of losing even more business.

"I don't think anybody in here thinks this is about race," Hairston said. "It's all about economics."

Hairston also spoke out against suggestions that she was proposing the ordinance because of her husband's stucco business. When she suggested the council pay for a study of the cost of immigration to Beaufort County last August she said the business was "struggling to make it here because of the unfair competition. You can't compete with people that are not playing by the same rules, as far as whether they pay taxes (or) whether they don't pay taxes."

On Monday night however, she emphasized that her husband's company doesn't do business in Beaufort County or South Carolina.

Last week, the council's Community Services and Public Safety Committee decided to seek an opinion from an independent law firm on the constitutionality of the proposal. At the time, council chairman Weston Newton said he would recommend postponing the issue on second reading until after the report was delivered.

But after council members took nearly an hour stating their opinions, it became clear Newton wouldn't have enough votes to defer the issue. Newton denounced suggestions that seeking a legal opinion was a delaying tactic. Instead, he said he was trying to protect the county from any lawsuits that seek to block the ordinance, since the county's insurance likely would not cover those costs.

The county's ordinance was borrowed, in part, from the City Council in Hazleton, Pa., where a U.S. District judge has issued a temporary restraining order blocking it from going into effect. County attorney Kelly Golden said Beaufort County's ordinance contains some of the elements the Pennsylvania court has issues with.

Five council members -- Frank Brafman, Gerald Dawson, Mark Generales, Herbert Glaze and Skeet Von Harten -- said they wouldn't approve the measure during final reading if they weren't satisfied that legal concerns had been addressed. Newton and councilman Dick Stewart voted against the measure.

County administrator Gary Kubic said he sent the county's file on the issue to McNair Law Firm on Monday and expects a report within 10 business days. The council has authorized the county to spend up to $10,000 on the report.

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