Contractors and Illegals
The issue: The city will not do business with companies that hire illegals
The city said:
"It is the city's policy now not to do business with anyone who hires people who are here illegally.
For the past year or so we have added a clause to all contracts made with providers that the
providers have to conform not only to this city ordinance but also any state and federal laws
requiring their employees have legal status. The penalties for a violation provide up to a termination
of the contract with the provider."
~Councilman John Steffen
AFLA says:
Their answers are Exhibit A in the case against government on this issue and many others. They
have something on the books but there is no enforcement. How can there be? It is a clause in the
contract that no one even knows is there and there is no way to enforce it. It’s perfect for the
bureaucrats but does nothing to address the problem.
Has the city ever audited a contractor? Any spot checks for compliance? No. They need a complaint
first, and then they aren’t sure what to do with it. They can’t really verify what the contractor is
telling them because the state forbids it. Make no mistake; the city knows illegals are working on
the streets and other improvements. But because it is on the honor system, nothing is done.
Has the Mayor or the City Manager put any pressure on Springfield to rescind the E-Verify law so
they can check Social Security numbers?
I know we aren’t the feds, but it just makes sense to do things a bit differently. For example, when
they made the change in the contract language, it would have been nice for the city to hold a press
conference and go on record that Elgin will not tolerate contractors who hire illegal aliens. They
could spell it out and explain the process for filing a complaint. That way competitors and citizens
would be aware of the program and how it works.
Then there needs to be some explanation accompanying the contract, a couple of pages that
explain the requirements of the law and the penalties for getting caught. It would include the I-9
requirement from Immigration, the tax withholding requirements from the IRS, the definition of a
worker versus and independent sub-contractor (also from the IRS), and the implications of violating
racketeering laws (RICO).
Now, if the city doesn’t feel they can do this, AFLA would be glad to put something together and
send it out. Just give us the names and addresses of the people you sign contracts with and we’ll
do it. It would make more sense coming from the city on letterhead, but I think we need to send
the message.
So, as we see it, the city’s response is inadequate because:
1) People don’t know about it
2) People don’t know how it works
3) There has been no effort to audit for compliance
4) There is no real enforcement power in it
5) The city has not been our advocate with the state on E-Verify
6) The education component is missing
It is the same problem as they have in Washington. There are laws on the books that are not
enforced, some of them not well enough crafted to be enforceable. It’s an extension of silent
amnesty.
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The city said:
"It is the city's policy now not to do business with anyone who hires people who are here illegally.
For the past year or so we have added a clause to all contracts made with providers that the
providers have to conform not only to this city ordinance but also any state and federal laws
requiring their employees have legal status. The penalties for a violation provide up to a termination
of the contract with the provider."
~Councilman John Steffen
AFLA says:
Their answers are Exhibit A in the case against government on this issue and many others. They
have something on the books but there is no enforcement. How can there be? It is a clause in the
contract that no one even knows is there and there is no way to enforce it. It’s perfect for the
bureaucrats but does nothing to address the problem.
Has the city ever audited a contractor? Any spot checks for compliance? No. They need a complaint
first, and then they aren’t sure what to do with it. They can’t really verify what the contractor is
telling them because the state forbids it. Make no mistake; the city knows illegals are working on
the streets and other improvements. But because it is on the honor system, nothing is done.
Has the Mayor or the City Manager put any pressure on Springfield to rescind the E-Verify law so
they can check Social Security numbers?
I know we aren’t the feds, but it just makes sense to do things a bit differently. For example, when
they made the change in the contract language, it would have been nice for the city to hold a press
conference and go on record that Elgin will not tolerate contractors who hire illegal aliens. They
could spell it out and explain the process for filing a complaint. That way competitors and citizens
would be aware of the program and how it works.
Then there needs to be some explanation accompanying the contract, a couple of pages that
explain the requirements of the law and the penalties for getting caught. It would include the I-9
requirement from Immigration, the tax withholding requirements from the IRS, the definition of a
worker versus and independent sub-contractor (also from the IRS), and the implications of violating
racketeering laws (RICO).
Now, if the city doesn’t feel they can do this, AFLA would be glad to put something together and
send it out. Just give us the names and addresses of the people you sign contracts with and we’ll
do it. It would make more sense coming from the city on letterhead, but I think we need to send
the message.
So, as we see it, the city’s response is inadequate because:
1) People don’t know about it
2) People don’t know how it works
3) There has been no effort to audit for compliance
4) There is no real enforcement power in it
5) The city has not been our advocate with the state on E-Verify
6) The education component is missing
It is the same problem as they have in Washington. There are laws on the books that are not
enforced, some of them not well enough crafted to be enforceable. It’s an extension of silent
amnesty.
CLICK HERE TO RETURN TO THE SERIES INDEX PAGE