Agricultural Personnel Management Program
University of California

6/11/03  News Report -- The Buffalo (N.Y.) News

The recent arrest of undocumented workers at two different construction sites shows that immigration laws need tougher enforcement and employers should be held accountable for who they hire, the leader of Buffalo's construction unions said Tuesday.

"We've got general contractors who claim they have no control, they don't know what's going on (at construction sites)," said Daniel Boody, president of the Buffalo Building and Construction Trades Council. "As far as we're concerned, they . . . were looking the other way."

He made the remarks at a press conference outside the Sam's Club outlet in Cheektowaga, where four undocumented workers were taken into custody last week. That followed the arrest of nine other men in May who worked at a hotel project in East Aurora.

Both arrests came after union organizers tipped authorities. Contractors responsible for the sites said the men worked for out-of-area subcontractors.

Boody said that building owners and their general contractors should be held to a higher standard, and intentional violations should carry criminal penalties.

"If these organizers in one-half hour can identify people who aren't legitimate, why can't the supervisors who walk the job every day?" he said.

He also called for federal and local authorities to crack down on illegal immigration that he said is sapping wages for local workers.

Erie County Legislator Al DeBenedetti, who attended the press conference, said he agreed with the need for laws with more teeth and stricter enforcement.

"The fact these violations keep occurring is appalling," the Buffalo Democrat said. "If it takes the trades council to uncover (illegal immigration), something's wrong with our system."

The same underground network that workers travel could be used by terrorists, Boody said, exposing the region to dangers other than lost wages.

But U.S. Immigration and Customs Enforcement is already concentrating on anti-terrorism efforts, a spokeswoman said.

"There are other priorities such as alien terrorists, criminal aliens and alien smugglers," agency spokeswoman Sarah Mouw said. The agency relies on tips to combat illegal workers, she said, rather than trying to inspect employers.

Employers may be subject to fines and prosecution if investigators believe they are part of a smuggling network, she said. Unwitting employers who are duped by authentic-looking ID documents aren't prosecuted.

The agency wouldn't comment on ongoing investigations, including ones involving the employers involved in the two Erie County construction sites.

The Empire State Associated Builders and Contractors is against illegal labor and the contractors who use it, said Rebecca Meinking, president of the construction industry group. Contractors who cheat can undercut bids from legitimate builders, she said.

"There probably should be some accountability from the general contractor," she said. But she stopped short of endorsing criminal penalties for contractors without first studying a detailed proposal.