Patrick to penalize use of illegal workers

Governor Deval L. Patrick issued an executive order yesterday imposing penalties on contractors who hire undocumented workers for state projects.

Under the executive order, effective immediately, employers who contract with the state will be required to sign a document certifying that they will not knowingly use illegal immigrants to work on their state jobs. The agreement will also require employers to certify that they will verify the immigration status of all workers assigned to the contract and to state that they will not alter documents or accept fake documents from workers.

"I understand how most undocumented immigrants enter Massachusetts seeking opportunities, jobs, and a better way of life, and I support balanced immigration reform," Patrick said in a statement released yesterday afternoon. "But undocumented workers cannot work on state contracts, and we must enforce that law."

Employers found to have hired illegal immigrants for state jobs will be punished with fines, though the Patrick administration did not say how large they would be. The state may also withhold payments or terminate contracts if employers do not live up to the agreement.

The executive order fulfils a promise Patrick made on the campaign trail last year.

In the summer, the Globe detailed the frequent use of illegal immigrants by employers hired to work on state contracts. An analysis of nine public works projects, from dormitory construction at the University of Massachusetts at Dartmouth to the building of the new Middlesex County Jail found that more than a third of the 242 workers on weekly payroll lists appeared to have fake or questionable Social Security numbers.

Patrick's executive order was hailed by legislators who have been urging a crackdown on those contractors in the wake of the Globe report.

"I'm glad the governor is joining our efforts to prohibit people who are in the country illegally from benefiting from state resources," said Senator Bruce E. Tarr, a Gloucester Republican.

Tarr cosponsored legislation that would force state contractors to verify workers' Social Security numbers and impose stiff penalties on immigrants who provide false documents. The bill is still pending.

"This is an important step," Tarr said. "Now we need to codify these things by making them statutory, rather than just administrative."

Meanwhile, immigrant advocates expressed dismay.

"We strongly object to this executive order," said Ali Noorani, executive director of the Massachusetts Immigrant and Refugee Advocacy Coalition.

"We feel that an unintended consequence of this order will be discrimination against workers who look or sound like immigrants," Noorani said. "Regardless of their status, an employer is now going to hold an immigrant, regardless of their status, to a higher standard."

Currently, both federal and state laws prohibit employers in Massachusetts from hiring illegal immigrants. The executive order does not create any new obligations for those employers, but creates a powerful disincentive, fines and possibly the loss of contracts, for companies that fail to comply.

"The executive order gives the state a tool, once it has been determined that an employer has hired undocumented workers," said Cyndi Roy, a Patrick spokeswoman.

"If evidence that [an employer has hired illegal immigrants] is gleaned from a federal investigation or a state wage-and-hour investigation, then the executive branch can sanction the employer or terminate the contract," Roy said.

Patrick's move has put immigrant advocates in a difficult position. The governor has generally been extremely supportive of their causes. He has been clear, for example, that children who enter the country illegally should be allowed to pay in-state tuition rates at state colleges. And on the campaign trail, he initially argued for the issuance of drivers' licenses to illegal immigrants (he now calls the issue moot because the federal Real ID Act will soon make it illegal for states to do so).

"The message we hope the governor is going to continue to send to all immigrants is that you are a welcome addition to the Commonwealth," Noorani said. "It remains to be seen, but all we can do is hope that this executive order does not darken the relationship between the administration and the community."