Bilbray calls on Feds to investigate hotel employees
By: EDWARD SIFUENTES - Staff Writer | ∞
Rep. Brian Bilbray, R-Solana Beach, stepped in the middle of a bitter labor dispute in the Bay Area recently when he helped the employer, a politically connected Rancho Santa Fe hotel owner, initiate an investigation of his employees' immigration status.
Bilbray asked officials to check the status of workers at the Woodfin Suites Hotel in Emeryville, after a political contributor who owns the hotel asked Bilbray to do so.
The owner, Sam Hardage, is at the center of a bitter labor dispute with his workers, some of whom have charged that the immigration crackdown, which led to the firing of 12 employees, was a retribution tactic against the laborers.
Bilbray, an outspoken opponent of illegal immigration, said Tuesday that a labor dispute is no excuse to keep immigration authorities from enforcing the law. He said his office staff handled the matter as it would any constituent complaint.
"Mr. Sam Hardage said, 'I've got a problem,' and he didn't know how to deal with it," Bilbray said. "I don't care about the labor dispute."
Labor activists said the congressman used his influence "inappropiately" by getting involved in the dispute hundreds of miles outside his district. A spokesman for Bilbray said the congressman, who was elected on a platform of strong immigration enforcement last year, did what most of his constituents expect of him.
Labor activists involved in the dispute said the workers filed complaints last year with the city after the Bay Area hotel failed to comply with a living wage ordinance approved by voters in 2005. Hotel officials said they were in a bind due to conflicting local and federal laws when they sought Bilbray's assistance.
The hotel contended that some of its workers had questionable Social Security numbers but the company was barred by the courts from firing those workers because of a pending labor dispute.
"Because Emeryville's (living wage law) and its regulations directly contradict federal immigration laws and violate the Constitution's due-process clause, we have regularly sought expertise and guidance from a number of scholars, attorneys and other highly knowledgeable sources, including elected officials with significant immigration-policy experience, such as Rep. Bilbray," said Hugh MacIntosh, the hotel's general manager, in a written statement.
After hotel managers spoke with members of Bilbray staff, the congressman sent a letter to the U.S. Immigration and Customs Enforcement, the agency responsible for immigration enforcement.
Bilbray's letter, dated Feb. 21, asked Julie Meyers, the agency's assistant secretary, to investigate the immigration status of employees at four Emeryville hotels, including the Woodfin Suites.
"Constituents of mine have brought to my attention that hotels in Emeryville, CA, are by state court order employing undocumented workers," according to the letter.
A living wage
Woodfin Suites is part of an upscale, nationwide, 17-hotel chain that includes a property in San Diego. Hardage is president of the company and owns most of the hotels.
Hardage is also a former chairman of the San Diego County Republican Party. From 2001 to 2006, Hardage and his wife, Vivian Hardage, contributed more than $66,000 to the party and Republican candidates, including $4,200 to Bilbray, according to the Web site, OpenSecrets.org, which tracks political fundraising and lobbying.
The labor dispute at Woodfin Suites dates back to late 2005, when voters in Emeryville passed Measure C, the living wage law. It required that hotels with more than 50 rooms pay employees a minimum wage of $9 an hour and an average of $11 an hour for all nonmanagerial employees.
Measure C went into effect in December 2005. Two hotels, including Woodfin Suites, challenged the law in federal court but were denied a request for an injunction.
In September 2006, 13 housekeepers filed a class action lawsuit in state court seeking back pay. The suit has not been resolved.
Hotel officials said they warned several employees last year that their Social Security numbers did not match those on the Social Security Administration's list. A state court judge later issued a temporary restraining order blocking the company from firing workers who did not correct the Social Security numbers.
After the judge lifted the restraining order in April, the hotel fired 12 of its 50 housekeepers, according to labor activists with the East Bay Alliance for a Sustainable Economy, which is affiliated with the Hotel Employees and Restaurant Employees International Union.
The alliance has led numerous loud rallies outside the hotel. Hotel managers, through a Web site devoted to the dispute, have criticized the group's tactics.
Brooke Anderson, organizing director with the East Bay alliance, said the workers' immigration status became a problem for hotel management only after the employees complained that the hotel was not complying with the living-wage law.
"We believe this because (the) Social Security Administration tells employers not to fire workers for receiving no-match letters," Anderson said. "The hotel had received no-match letters for workers every year and never chose to fire workers."
Anderson said the fired employees are living on donations from the public. They have not been deported.
Hotel officials deny the activists' claims that management retaliated against the workers. Officials said the workers' decision last month to drop their complaints to the city is evidence that they don't have a basis for their claims.
"It is deeply unfortunate that we were and are put in the position of having to justify our decision to comply with U.S. immigration law," MacIntosh wrote in his statement.
Anderson said the workers decided to drop the complaints in the city to focus on the court lawsuit.
ICE's response
In his statement, MacIntosh also cited the various immigration raids and punishment against employers who hire illegal immigrants as a reason why they sought Bilbray's assistance.
"Bay Area residents know that for the past year, U.S. Immigration and Customs Enforcement has been extremely aggressive in imposing civil and even criminal penalties on companies that knowingly employ undocumented workers," he said. "As a result, we at Woodfin Suites were determined to do everything possible to protect our company and our employees from such liabilities."
Lori Haley, a spokeswoman with the Immigration and Customs Enforcement, said the agency does not comment on investigations, but issued a written statement.
"ICE's mandate is to ensure the integrity of the work force and that those who are employed in this country are legally authorized to work," according to the statement. "The agency respects employees' rights to a safe and fair workplace; however, if ICE has evidence of criminal activity, a labor dispute does not preclude us from conducting an investigation."
However, Immigrant rights activists point out that the agency has a policy regarding investigations where there is a labor dispute.
The agency adopted the policy more a decade ago requiring agents to use restraint to "avoid inappropriate worksite interventions where it is known or reasonably suspected that a labor dispute is occurring and the intervention may, or may be sought so as to, interfere in the dispute."
Mariaelena Hincapie, a staff attorney for the National Immigration Law Center, a policy analysis and immigrant rights advocacy in Los Angeles, said the Woodfin Suites dispute is the kind of case that the policy was meant to address.
"When a company like Woodfin is allowed to retaliate against employees, it sends a strong message to all its employees: Don't complain, just do your job," Hincapie said.
Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com. Comment at nctimes.com.
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Citizen Pedro wrote on Jun 24, 2007 2:32 AM: If Bilbray ws really serious about the type of problem mentioned here, he'd have ICE check SEIU and UNITE to see if they are functioning as contractors of illegal alien labor.
Randy wrote on Jun 24, 2007 4:10 AM:Follow the money! The extent of Bilbray's interest in illegal immigration is becoming abundantly clear. Political campaign contributions are all that Bilbray is really interested in!
choo choo wrote on Jun 24, 2007 5:38 AM:Why aren't these illegals using false social security numbers charged and deported? That should be Bibray's next question.
Suzette wrote on Jun 24, 2007 7:17 AM:Okay so let me get this straight the owner, Sam Hardage, has put the screws to "his employees" and now that they are speaking out against the injustice he wants them gone, hummmm. So who do you call lets see a"political contrbutor asked him to do so. That is so under handed that I am about to puke. Our esteemed Congressman is now going out of his district to help ruthless slave drivers "get rid of his problem". How would Bilbray like it if Congressmen and Senators stepped out of their place and went over his head to do something like this. Oh Brian you are really showing your your true colors, its all about the 2008 elections, isn;t it? This is sick.
Bilbray is a loser wrote on Jun 24, 2007 7:28 AM:No one believed that he lived in Carlsbad, so now his is trying Solana Beach. Go back to S. county...
JA wrote on Jun 24, 2007 7:48 AM:Once a hired political gun always a hired gun!
Randy wrote on Jun 24, 2007 7:51 AM:For years I contacted my congressman, Darryl Issa, about issues. I never received a single meaningful response, no less helpful action. Why? I forgot to mail the generous political campaign contribution! Ah, the benefits of being politically connected. It's good to know your congressman represents your interests! Our troops in Iraq are giving their last full measure of devotion to defend this?
Randy wrote on Jun 24, 2007 8:05 AM:Where is the "Duke-stir" when we need him? Oh for the days of earmarks for the good old boy network!
So sorry I voted for Bilbray wrote on Jun 24, 2007 8:40 AM:Why didn't this "friend" of Bilbrays' check the immigration status when he hired those people? Has he not heard of an I-9. I think this rat just wants our upstanding Congressman to get him out of a pickle. I think I will contribute a bunch of money and buy myself a Congressman under pay all my employees then cry foul when they stand up for themselves and if firing them leads to a law suit call in the big guns!!! This guy should be put in jail for knowingly hiring illegals and now he is trying to act like the victim in all this and Bilbray is one of his pawns. How stupid is Brian?
One of the Loud Folks wrote on Jun 24, 2007 8:41 AM:Constituent assistance - I love it! How refreshing for a Congressman to actually help one of his constituents. Go Bilbray!
Randy wrote on Jun 24, 2007 8:50 AM:Bilbray opposes living wages for hotel workers, while he supports protecting the obscene profits of fat-cat oil companies!
Majority rule wrote on Jun 24, 2007 9:03 AM:Yes all Bilbray is interested in is geting elected. There are two things needed to do this. One is doing what your constituents want and the other is money. Whats wrong with that? As long as the balance leans more towards the former all is good as far as I am concerned. The timeing is pretty questionable as far as when this company asked for the investigation. If they had any doubts about legal status of their employees then they should of done something about it befor this law and labor dispute started. That implies that they knew that the legal status was questionable befor and that they only took action when they felt it would be good for them. This is an example of money being the driving force. Well Duh! Ilegals come here to make more money, employers hire them cheap so they can make more money and legal citizens resent them because they drive down wages and that hurts citizens wages. Of course it is all about the money.
Alfonso wrote on Jun 24, 2007 9:04 AM:Good job by Bilbray and the hotel chain. Illegal immigrant activists are trying to manipulate our laws to protect the cheating, defrauding illegals that have stolen their way into our country. Just wait until each employer can validate SS numbers on sight and see what happens!
Alfonso wrote on Jun 24, 2007 9:07 AM:Why is Identity theft and fraud being ignored in the discourse of the current Amnesty bill? It is one of the single, simplest issues that can resolve employment violations and yet is on a back burner someplace. Why?
Kristi wrote on Jun 24, 2007 9:31 AM:This was not a good move by Bilbray. I have been a Republican voter for 35+ years in North County. Sam Hardage and his wife are very well-known in this county in Republican circles. Why wasn't Sam interested in the legal status of his employees before now? Because he was getting cheap labor! He is a typical GOP elitist. In other words, bring in the cheap labor, the cheap goods, and, who cares what's good for the people of the United States! QUESTION YOUR FRIEND, BRIAN!
Sam wrote on Jun 24, 2007 9:33 AM:I am sure Mr. Hardage knew and did not care that they were illegal when he hired them. Now he is in a jam, live and learn.
Bob wrote on Jun 24, 2007 9:42 AM:It's that evil liberal media again, laying out hard facts in an effort to make the GOP look bad.
Osider wrote on Jun 24, 2007 10:05 AM:Key word here "Constituents of mine". I think its more finacial backers who got him elected. Billbray is nothing more than a pawn in a chess game.
WHEN are they going to wrote on Jun 24, 2007 10:08 AM:start cleaning out the CONSTRUCTION trade? 90% of the employees are ILLEGAL ALIENS WITH FAKE ID. It makes me wonder how happy these owners would be if it was THEIR SS number these criminals were using?
Concerned wrote on Jun 24, 2007 10:29 AM:Bilbray can earn those big dollars by knocking on every door in Rancho Santa Fe to check the social security numbers for the housekeepers and landscapers and report his findings back to those who put him in office. Who knows, he may pick up some more political contributions along the way.
formerly from Oakland wrote on Jun 24, 2007 10:55 AM:I hope this is a wakeup for all the people raving against illegal immigration because of its lowering of wages for labor. Seems that if there is a labor dispute where the workers want a livable wage and you happen to be a millionaire hotel owner, just get your toady congressman to sic the feds on the employees. So is Bilbray moving to the East Bay anytime soon? Maybe in time for the next election? Much thanks to the NCT and Edward Sifuentes for breaking this story.
Pavlov wrote on Jun 24, 2007 12:09 PM:Yes, whatever happened to I-9 forms? I work for a large corporation, and as part of the hiring process you have to fill out an immigration I-9 form plus provide proof of citizenship or a "green card". They verify your documentation, as well as do a background check on you.
John wrote on Jun 24, 2007 12:34 PM:I have to ask any of you minutemen out there... Did Bilbray perform for you like he did for his fat cat buddy? Does he make phone calls for you? Write letters? Or does he send a form letter acknowledging your frustration? It is SOOOO obvious that the fat cats rule the roost. If you can pay - you can play. Average Americans are just milk cows for the rich! I am sick of it!! I'm sick of politics, parties and the scam we are being sold. Let's have some health care instead of BS wars. Let's have equal access to our representatives. The system is rigged and the electoral process has been pimped. Where do I sign up for the revolution?
RECALL!!!! wrote on Jun 24, 2007 12:36 PM:RECALL! RECALL! RECALL! Get this bum and his fat cat contributors out of our faces!!
Cal wrote on Jun 24, 2007 12:45 PM:I see in today's perspective section the NCT lists who voted for what in DC this week. I$$A and Bilbray both voted AGAINST providing birth control aid to foriegn countries. Isn't birth control the best way to reduce the tide of immigration? You guys are a joke. Which contributors er, uh, constituents asked you to ignore the population bomb? You two are DISGUSTING. Come on congressmen! Get it together. Stop using your heads for a hat rack!!!
Thanks BB wrote on Jun 24, 2007 12:47 PM:Thanks Mr. Bilbray. America needs to preserve it's dwindling supply of Fat Cats. Let's make sure they can screw their employees so they can stay in business. Your economy depends on it.
John wrote on Jun 24, 2007 1:00 PM:This is exactly why I do NOT trust the republican party - especially here in San Diego County. Corrupt, out of touch suck-ups to the rich and powerful - except the few who are rich and powerful and suck up to themselves (Issa, Horn, Slater, Roberts to name a few). This is not an endorsement of the Democrats who are equally adept at milking the middle class. I'm just fed up with the pious, pompous, bloated jerks who run this county. I think they are ALL crooks and should be rounded up and deported to Texas. Hang your head low today republicans.
San Marcos Resident wrote on Jun 24, 2007 1:17 PM:Why on earth are the Feds not looking into the ILLEGAL ACTIONS by the hotel??? It is a VIOLATION of FEDERAL LAW to hire someone who is in the country ILLEGALLY! The most important law breaking occurring here is by the hotel which can and should be charged criminally. The only way to stop ILLEGAL IMMIGRATION is to stop ILLEGAL EMPLOYERS!!!!!
Syl wrote on Jun 24, 2007 1:40 PM:If you make all of the Illegal Aliens legal, then who would do the jobs that Americans will not do. Illegal aliens are a form of legal slave labor. Anyone ready for the next wave of 20 million new Illegal Aliens. And all of this mess because the Federal Government has refused to secure the border.
Adam wrote on Jun 24, 2007 1:45 PM:I have no problem for firing Illegal Aliens for any reason what so ever. They have no rights, except for the right to be deported.
bill wrote on Jun 24, 2007 2:14 PM:Let's keep them illegal so we can cheat them out of their wages. Just keep em coming, work them like rented mules and run them off before payday. They can't complain to anybody. If they get sick or hungry the taxpayer will pay. We don't need no stiking immigration reform.
Randy wrote on Jun 24, 2007 2:22 PM:"Brian, send me a constant stream of slave labor so I can quickly become a billionaire." "Oops. Brian, the slaves refuse to work for slave wages any more. Send them back." "Where?" "Don't ask me, I'm not an immigration expert; I'm just a small businessman!"
Skip wrote on Jun 24, 2007 3:09 PM:I agree with Bill
borderraven wrote on Jun 24, 2007 3:10 PM:Illegal immigration is self victimization. Illegal aliens subject themselves to the hardships, and accept the poor living conditions. Go fix Mexico.
LAST STRAW wrote on Jun 24, 2007 3:28 PM:Here we have Brian BillBRAY honking around about illegal aliens as a gimick to get fat campaign contributions. Brian billBRAY, successor to THE DUKESTIR. Hey billBRAY, how about sicing ICE on the poor nannies, gardeners and servants of your cushy, fatcat supporters! Why focus your aim on employees in a dispute with one of your contributors and nobody else? I didn't know it's a congressman's job to police the employee status of any particular employer.
Hombre wrote on Jun 24, 2007 6:25 PM:It is obvious that some people just are not informed about employment procedures. This employer did exactly what they are supposed to and everyone complains. The employer CANNOT validate SS cards and ID's or determine they are false. The I-9 form filled out at the time of employment goes to the government to flag deadbeat dads, criminals, etcetera but the employer has NO means to validate the information, YET. The guy suspects fraud, turns them in, and mostly pro-illegal immigration advocates complain because they are busted. Did they start the labor dispute so that nobody could be fired, protecting their illegal status? No wonder Congress can't make a decision. Nobody has the truth to work with. I have asked the NCT to publish the employment process a dozen times but haven't seen it yet. Maybe the editors could share some knowlege with us to a link?
Ray wrote on Jun 24, 2007 8:18 PM:If you have the money, politicians will do what you ask them Mr. Bilbray is a prime example.
Carson wrote on Jun 24, 2007 8:45 PM:This was a tough one to call up here in the San Francisco Bay Area. On the one hand the illegal aliens were upset. On the other hand anything that hinders their illegal activity is a good thing for the honest people trying to compete. I've heard the quickest way to get ICE to respond is to tell them that your employees are talking about forming a union.
Really??? wrote on Jun 24, 2007 9:11 PM:An employer really does have the ability to readily identify ILLEGAL APPLICANTS. Did they inspect the documents presented? Employers are expected to review documents presented for authenticity. The Feds have the Social Security Number Verification System & the IMAGE Program to help employers authenticate employee eligibility to work in the USA (http://www.ice.gov/partners/opaimage/index.htm). There is no excuse for an employer to not make sure that their employees are legal.
Timing wrote on Jun 25, 2007 8:25 AM:It wasn't until there was a wage dispute that Mr. Hardage had a problem with the status of his employees. Seems to me he may have already been aware of their illegal status prior with the notice the SS numbers were not a match. Lesson for all who are in business, or run for office- clean house now before there is an issue-all you need to do is hire a private firm to do this-no excuses!
Democrat Robert wrote on Jun 26, 2007 4:05 PM:Clearly the NCT planned this hit piece to fend off the hard work Rep Bilbray has to face over the next week form Congress revisiting of the immigration legislation. The fact that Bilbray responds to a request from a legal resident that happens to be donor is not news folks, it a fact its part of his job. Some here suggest that a Congressman should respond to those who he does not represent, namely those in our country illegally! Bilbray has been the bitbull of DC in attempting to stop this invasion and I dont care what others claim is motives are as long as he keeps his promise to secure our borders!! That is what he promised us in November and that is what he is attempting to do!
Legal Citizen wrote on Jun 27, 2007 11:35 AM:Okay I have a question to throw out. When the ILLEGAL ALIENS steal an AMERICAN CITIZEN's Social Security card #, does all the "work" and money taken out of their checks go into the "TRUE" card bearer sicuak security account? I am not familiar with exactly what happens to the real owner of the identification number. Just curiosity.
Thank you Bilbray!!! wrote on Jul 1, 2007 7:02 AM:Obviously many of the Busby lovers and Bilbray haters like the influx of illegals in our communities. If you have followed Congressman Bilbray at all since he was elected you would know that he has done more then most to try to do something about the war zone at the borders and the revolving door. He has done more then most to try to get the immigration law enforced. I'm a home inspector from the border to LA and the influx of illegal immigration is ruining California. If we don't secure our borders and enforce immigration laws our state will forever change for the worse. Those of you that hate all of the traffic but don't do anything about illegal immigration stop complaining. Traffic is only one small portion of the problem the influx of illegal immigration has brought to this state. If you were on the freeways during the May 1 boycott then you know how much faster you were able to get home from work.
Oh my Gosh wrote on Jul 1, 2007 7:07 AM:I just realized who wrote this article. The illegal immigrant lover!!
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