The County Council passed the measure, which uses business license suspensions as a penalty for employers discovered with illegal workers, in a 9-0 vote. The special meeting was held to accommodate five outgoing council members whose terms expire at year's end.
Outgoing Councilman Dick Stewart, who opposed the ordinance in past votes because it would cause racism against Hispanics, was absent Wednesday, though several critics raised the issue.
"In Beaufort County, if you are Hispanic or even look Hispanic, whether you are legal or not, you can expect to be treated differently," said Chris Gomez, who owns Gomez Realty Group on Hilton Head Island and is part of a coalition of businesses opposed to the ordinance.
To further his point, Gomez held up a sign he plucked from S.C. 170 that he suggested was indicative of increasing racial tension. The sign read "REWARD" in bold red letters followed by "Report Illegal Aliens or Untaxed Labor" and 800 numbers for federal agencies.
Several council members said racism, particularly racism targeted at Hispanics, was not an intention of or motivation for passing the ordinance.
"For a lot of people, it's an unknown ... I think the negative consequences will not be as bad as people think," said Councilman Bill McBride after the meeting.
Other critics -- including incoming council members Jerry Stewart, Laura Von Harten, Paul Sommerville, Rick Caporale and Stu Rodman in a letter sent to the council -- said the ordinance was rushed through the deliberative process. The letter's five authors and Steven Baer will be sworn into office Tuesday.
In response to the letter, outgoing Councilman Mark Generales noted that it is within the new council's power to alter the ordinance through the same deliberative process.
Councilmen Herbert Glaze and McBride and Chairman Weston Newton all said the ordinance was not a "rush job." Newton noted that the council had held four public hearings on the ordinance and two extended sessions with the McNair Law Firm for independent legal advice, which resulted in a major rewrite that yielded a document largely redundant with the county's existing business code and federal law.
The driving force for identifying illegal workers under the final draft will be business audits conducted by county staff. The county may suspend a business found employing illegal workers, which would be verified through the U.S. Citizenship and Immigration Services agency or another state or local agency that shares information with the federal agency.
If businesses choose to appeal the county's verification of an illegal employee, they have up to 60 days to produce evidence that the employee has legal status. Beyond that, the business may appeal the decision in a County Council hearing. The business' license still would be valid during these appeals.
The ordinance takes effect Jan. 1, 2008, though some council members said they want the audits that already are allowed under existing codes to begin sooner.
At a Dec. 11 council committee meeting, the committee asked County Administrator Gary Kubic to prepare for audits of at least 25 percent, or roughly 1,300, of all businesses licensed in the county. Kubic estimated it would cost $210,000 to hire more personnel to conduct the audits and more specifics, such as which businesses should be targeted.
Outgoing Councilwoman Starletta Hairston, who proposed the ordinance in September, said she hopes it is emulated by the municipalities and other counties, serving as a signal to the federal government to better enforce its immigration laws.
Outgoing Councilwoman Margaret Griffin added: "The municipalities have to be on board to make this thing work."
Despite the scaled back approach and predictions of increased racism, Vice Chairman Skeet Von Harten thought it was the right move to pass the ordinance.
"I see this as a step in the right direction, and I hope in my heart of hearts that this brings about good," he said.
However after the meeting, Sommerville, an incoming councilman, said, "I have no earthly idea how we're going to handle this."
