The County believes there are serious problems with the way the measure is written. Those problems may delay its implementation. Even if the County enforces the measure, there may be legal challenges to stop enforcement.

 

2. Q: Would the measure make it illegal to employ foreign workers?
A: No. The measure does not require employers to fire foreign employees. Employers must not fire foreign-born workers who are authorized to work in the U.S. and who are able to complete an I-9 form. In fact, it is against the law to fire someone based solely on their national origin or citizenship status. This would be considered discrimination. Discrimination is against the law.

3. Q: Okay, so what would the measure do?
A: If the measure goes into effect, it would apparently have three main effects:

• First, it would require employers in the County to use a federal database, E-Verify, to verify the documents that every new job applicant submits with their I-9. Under federal law, you can only use E-Verify for new employees. To “re-verify” documents of current employees could very well be considered illegal discrimination.
• Second, it could result in suspension of licenses or permits issued by the County or by cities in the County if an employer is found to have intentionally or knowingly hired a worker who is unauthorized to work in the US.
• Third, it would impose a $10,000 fine on any “contractor” found to have intentionally employed a worker who is not authorized to work in the U.S. It is not clear what the term “contractor” means in the measure.

4. Q: When will the measure start to be enforced?
A: It is very difficult to say when the County would start enforcement. The measure is so confusing, the County is working on how it can enforce the measure.

5. Q: Would the measure require employers to use the federal database, E-Verify, to check if all of their employees are authorized to work in the U.S.?
A: No. Employers would be using E-Verify only for new employees. Under federal law you cannot use E-Verify to check the documents of current employees.

6. Q: Do employers have to start using E-Verify right away?
A: No. The soonest that the E-Verify requirement could go into effect is January 1, 2009. But it’s not clear that employers will have to start using E-Verify then. The measure is so confusingly written, it is hard to say when it will go into effect.

7. Q: If the Columbia County measure goes into effect, will employers who cannot verify a worker’s documents be required to report the worker to Immigration or another authority?
A: No, the law would not require employers (or anyone else, except for the county attorney) to report anyone.

8. Q: I am an immigrant who works in Columbia County. If the Columbia County measure goes into effect, will my employer be required to fire me?
A: No. Employers must not fire foreign-born workers who are authorized to work in the U.S. and who are able to complete an I-9 form. It is against the law to fire someone based solely on their national origin or citizenship status. This would be discrimination. Discrimination is against the law should not be tolerated.

9. Q: If the Columbia County measure goes into effect, will employers have to fire all Spanish speaking and minority workers?
A: No. It is against the law to discriminate against an employee based on race, ethnicity, national origin—including appearance, accent, name, or where an employee was born.

10. Q: Isn’t already against the law to hire someone who you know is not authorized to work in the U.S.?
A: Yes. The measure wouldn’t change the law about who you can legally hire. It just adds the E-Verify requirement and the additional penalties, on top of existing federal penalties, for employing someone who you know is not authorized to work.

Adapted with permission from What Do the New(Arizona) Immigration Laws & Regulations Mean to Me? Common Questions and Answers (October 5, 2007, by Julie A. Pace (Ballard Spahr)), by Meg Heaton on November 10, 2008. Original available at http://azeir.org/pdf/QA-English.pdf

THIS Q&A IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE.

Rural Organizing Project - advancing democracy in rural communities.
POB 1350 * Scappoose, Oregon * 97056 * www.ROP.org
(503) 543-8417

“There is no need for businesses to take any immediate action. The best course
of action for businesses is to sit tight and take no immediate action as a result of
the passage of 5-190,” said Jackie Matthews, President of the South Columbia
County Chamber of Commerce. “Rash actions could unwittingly result in a
breach of non-discrimination laws.”

The Chambers sought to remind their members that it is illegal for employers to
go back through I-9’s and ask for more proof selectively from employees. It is
also illegal for employers to re-verify the employment eligibility of existing
employees under most circumstances, and also illegal to assume that particular
workers are not work authorized, or to make discharge decisions because of their
national origin. “We caution our members to not take actions that could be
perceived as discriminatory,” said Mathews.

If the measure is found to be enforceable, the Chambers will work with all of the
partners in this issue to provide information and education to our community
businesses regarding their specific responsibilities, and perhaps more
importantly, what they are not obligated to do.

Measure 5-190 intends to impose a $10,000 fine on any employer found to be hiring undocumented immigrants, and require county employers to register with the federal E-Verify program. On Election Day, the vote was split with 57% in favor and 43% against. (http://www.co.columbia.or.us/elections/results/EL45.HTM)

A local community organization waged a strong grassroots campaign against the measure knowing that the odds of defeat were not in their favor. Throughout the last few months, Columbia County Citizens for Human Dignity (CCCHD) mobilized over 300 volunteers to have personal conversations with 13,387 of the 28,053 voters in the county. This army of volunteers logged 1,652 volunteer hours, hand-addressed 11,000 postcards, had 26 letters to the editor published in local papers, and prevented a landslide victory of the measure.

But, as CCCHD volunteer and campaign co-chair Craig Frasier said, “We know that our work is just beginning. We are not defeated, but much the opposite: our organization is stronger because of this campaign, and we now have hundreds of our neighbors who are ready to do the work that is ahead of us.”

A week after the election, CCCHD leader and Director of the Rural Organizing Project, Marcy Westerling of Scappoose reflected on why the measure passed, “We are a rural, working-class community. Similar to communities across the country, we are affected by the economic crisis that we are facing, and confused about what the solution may be. Our government’s lack of leadership with regards to immigration, workers’ rights, and the economy has created fertile grounds for divisive politics and the scapegoating of immigrants.”

Ernie Klostermann, a CCCHD volunteer, added that, “We spoke to voters about the economic impacts that this ballot measure would have on our community, which does not have the resources to deal with a poorly written and divisive ballot measure. The economic crisis that we are dealing with should be taken very seriously, but punitive measures that target certain groups in our own community are not the answer.”

Next steps for CCCHD involve educating workers and employers about the possible impacts of the measure, mounting legal challenges against it, and supporting the Latino community to develop its own organization in Columbia County capable of offering support to families who have been or may be affected by the passage of this measure. A standing room only community meal for over 200 people started the long term planning process this past Saturday night in Columbia County. This next Saturday, November 15th, the first of a series of training’s for employers will kick off. Columbia County plans to stay pro-worker, pro-business and pro-community as it navigates the impact of a new policy mandate. County Chambers of Commerce and state Representative Brad Witt have already issued statements of calm and patience.

(Scappoose, OR) Local businesses and community members across Columbia County were disappointed to learn of the passage of Measure 5-190 today. The rejection of its partner measure, 5-191, was good news.

“This poorly-written measure preyed on voter anxiety during really tough economic times,” stated Marcy Westerling, a No on 5-190 and 5-191 campaign spokesperson. “While Oregon has a long history of citizen action via our ballot measure system, our communities are not well served when deceptively simple solutions are peddled to voters.” Craig Frasier noted that “Passage of Measure 190 is another reminder that we have a long way to go in winning people’s hearts and minds for immigrant justice. We must find a way to address the growing economic insecurity of the entire community, or the impulse to blame and scapegoat groups will continue to grow.”

Community members and local businesses had pointed out that these measure(s) were confusing and full of unintended consequences. Unfortunately, we may not have communicated the damage measure 190 will cause for local-businesses and the economy of Columbia County we are confident that both these measure(s) would have been rejected.

What happens now that they have passed is unclear. Measure 190 is so flawed that it cannot function as statute. And other communities that have implemented similar measures have paid a heavy price, having to cut funding for local schools and law enforcement.

• It is already current law that all workers be documented, be paid at least minimum wage and employers fined that violate these laws.
• Critical county law enforcement funds will be diverted from public safety to chase after possible illegal workers.
• The measure will open the county to lawsuits.
• The measure will apply to every business in the county, creating more uncertainty in these uncertain times.

These are important reasons to oppose the ballot measures, but they are not the MAIN reason. That reason was given 2000 years ago by a man named Jesus, who said that we would be judged by how we treated ‘the least’ amongst us. This was practical advice then and now. It means that when people are in a lifeboat on a stormy sea, no one gets tossed overboard, not even the stowaways, because we will need all hands working together to survive.
We are facing increasingly stormy times. Some people feel that it is important to ‘send a message’. Other people feel, just as strongly, that this is the wrong message to send. No one needs to be tossed over the side - not the people facing foreclosure, mounting bills and unemployment, nor the folks fleeing even worse times in other lands. We can do better.
For more information on how you can work with your neighbors to create real solutions to our problems, contact Columbia County Citizens for Human Dignity at ccchd@colcenter.org, www.ccchd.info/ or 503 543-8417.

Creo que lla has escuchado los rumores o alomejor visto alas personas tratando de llamar la atencion con los carteles enfrente de la oficina de correo hablando mal de los imigrantes ilegales. Haora esto es olgo serio estiempo de reunirse a platicar que es lo que podemos hacer. Nesecitamos entender que esta pascndo para tratar de parar esto lo mas rapido posible.

Lo que esta pesando es simple, la economia es mala para todos nosotros. Al gunas personas trabajan unidas Para superar este problema. Pero otras apuntan a los imigrantes ilegales de que esto este pasando. Estas personas locales quieren hacer mas dificil la posibilidad de que los trabajadores imigrantes en cuentren y mantengan trabajos en nuestro condado. Ellos quieren poner carteles en nuestros pueblos y que dichos carteles anuncien. “Zona para no trabajadores imigrantes” Estas personas tratan de convencer a otras de que los imigrantes son criminales. Eso no es cierto.

Ven a enterarte lo que estas personas estan haciendo y como nosotros los podemos detener.

RSVP
Gretchen Ramos
503-366-7863
gretchenramos@comcast.net

In Oregon we have the Bureau of Labor and Industry. We don’t need more laws at taxpayers’ expense. Let’s use the laws we have!

It is current law that all workers be documented. It is current law that all workers be paid a minimum wage. It is current law that fines be enacted if there are violations of these laws.

If Columbia County pulls out one aspect of current law and holds it up for disproportionate punishment, we are opening ourselves to racial profiling and enormous lawsuits - all at taxpayers expense.

It is currently proposed that every employer in this county would be eligible for a $10,000 fine if they employ someone without accurate documentation.

The funds to police this are mandated to come out of the counties’ general fund – ouch! Our current immigration system is broken. We must create legal ways to enter this country - right now there is no real line to get into, and that is creating violations of worker rights.

Let’s demand workable solutions for Columbia County and our country.

Decline to sign - we need workable solutions not more regulations

Please check out this article by legendary investigative reporter Seymour Hersh on Bush Administration plans to attack Iran: The New Yorker

www.newyorker.com/reporting/2007/10/08/071008fa_fact_hersh?printable=true

Take actions:

Attend Columbia County’s Peace Vigil this Sunday, October 7, 1 to 2 pm. at the Totem Pole in S. Scappoose.

Call your Senators and Congressman Wu. Tell them to vote NO on the additional $42 billion for the Iraq war now before Congress. That’s $42 billion on top of the $100 billion approved in May and the $75billion last October for 2007. Many people believe the new request is a ’slush fund’ to launch attacks on Iran.
Senator Wyden - 503-326-7525
Senator Smith - 503-326-3326
Rep. Wu - 503-326-2901