Tobia targets employers in battle against illegal immigrants

Brevard County Commissioner John Tobia is expanding his efforts to crack down on illegal immigrants, and now is targeting employers who hire workers who may be in this country illegally.

Tobia says he plans to propose legislation to require companies that have contracts with the county and receive county tax money for that work to be part of the "E-Verify" program.

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E-Verify describes itself as "a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. E-Verify employers verify the identity and employment eligibility of newly hired employees by electronically matching information provided by employees on the Form I-9, Employment Eligibility Verification, against records available to the Social Security Administration and the Department of Homeland Security."

"I think it's a no-brainer" to require employers to participate in E-Verify to qualify for county-funded projects, Tobia said.

Brevard County Purchasing Services Manager Steven Darling Jr. said current county policy requires use of E-Verify for county contracts that receive federal or state money, but not for county-funded projects that do not get federal or state money.

Darling said county contracts getting federal or state money typically involving road and bridge projects, other infrastructure projects, housing and human services projects and airport projects.

Tobia said he also is exploring the possibility of expanding the requirement to include all private employers authorized to do business in Brevard — regardless of whether they do business with the county. But he said that option must undergo legal review before he pushes it.

Tobia said he wants to make sure he has his "i's dotted and t's crossed" before pursuing that option.

That proposal would be aimed at businesses based in Brevard or with offices in Brevard that already are required to get an annual "business tax receipt" from the Brevard County Tax Collector's Office. Under Tobia's proposal, those businesses also would be required to be part of the E-Verify program.

Brevard County Tax Collector Lisa Cullen said Brevard has 21,329 active business tax receipt accounts. To get one costs a business $37 to $87 a year, depending the services provided.  

In an email to Brevard County Attorney Eden Bentley, Tobia wrote: "I would like to proceed in two steps. The first agenda item will be to implement E-Verify as to all contractors and subcontractors during their contractual relationship with the county. The second step, to be introduced at a later date and contingent on how the first is received, would be to make business licenses contingent on E-Verify compliance, if you find that this is legally permissible. If you could begin drafting a resolution regarding the first step and researching the viability of the second, I would appreciate it."

Tobia said he hopes his first proposal — in the form of a resolution that could be approved with one majority vote by commissioners — could appear on a County Commission agenda sometime in September.

His second proposal, however, would require approval of an ordinance that would require three steps, Tobia said. That includes the County Commission initially approving what's known as "legislative intent" to advertise the proposal, followed by a first reading and vote, then a second reading and final vote.

Melbourne attorney Maurice Arcadier, whose practice includes business law and immigration law, said, at first glance, it appears that Tobia's proposal is designed to help people and businesses that are "playing by the rules." He said it would help assure that businesses not have a competitive disadvantage against businesses that hire illegal immigrants.

"I know that, regardless of what the county does, it is illegal to hire undocumented immigrants," Arcadier said.

"E-Verify is just a tool," Arcadier said. "E-Verify, is not, by itself, a law."

Arcadier said, while "nothing's perfect," the feedback from his clients who operate businesses is that E-Verify is relatively accurate in protecting businesses from liability when it comes to hiring illegal immigrants. 

He said he would be OK with what Tobia is proposing, as long as there is an appeal or review process available for businesses that for some reason do not get E-Verify designation.

Tobia last week sponsored a resolution that was unanimously approved by the County Commission, aimed at assuring cooperation by county officials with federal immigration officials. Supporters said the resolution is designed to guard against the county becoming a "sanctuary" for illegal immigration.

During debate on that issue, Tobia told the dozens of opponents of the resolution in that audience that he hoped to have "continue this engagement" with them related to his upcoming initiatives aimed at illegal immigration.

"In a couple of weeks, I will be targeting the elite — the business owners that abuse our illegal immigrants and hire them illegally, which not only harms them, but harms the legal immigrants," by taking job opportunities away from legal immigrants, Tobia said.

He said the business owners who hire illegal immigrants "are taking advantage of this system" and "paying unfair wages."

"Hopefully, we can work together on this," Tobia told the members of the audience.

Samuel Lopez of Melbourne, president of the civil rights, educational and cultural organization United Third Bridge and chairman of the board of the Florida Puerto Rican/Hispanic Chamber of Commerce, said he sees Tobia latest initiative as "just a smokescreen for politics."

"It's ridiculous," said Lopez, who was one of the organizers of the opposition to Tobia's anti-sanctuary resolution. "It's just one thing right after the other. We've seen that movie before. It's political season. This is nothing more than a political game."

Dave Berman is government editor at FLORIDA TODAY. 

Contact Berman at 321-242-3649

or dberman@floridatoday.com.

Twitter: @bydaveberman

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