San Bernardino County Supervisor Neil Derry has proposed an E-Verify requirement that circumvents the state law preventing it use. (File Photo/2012)



Published: 23 April 2012 06:12 PM

Restaurants in San Bernardino County would be required to inform customers if they perform immigration background checks on their employees under a proposal that will go before the Board of Supervisors Tuesday.

Supervisor Neil Derry is proposing to amend the county’s restaurant grading ordinance so that placards would be color-coded to indicate whether an establishment uses E-Verify, a federal database to check a person’s immigration status.

The placards — which display an A, B, or C grade indicating how well the restaurant passed its health inspection — would include a green background for those that screen their employees and a red background for those that don’t, he said.

Derry said the proposal is intended to circumvent a new state law that forbids cities and counties from requiring businesses to conduct mandatory immigration checks of their employees. Proponents of the legislation called the requirements costly and burdensome to businesses while critics have questioned the reliability of E-Verify.

Derry disparaged the state law supporters as “a bunch of left-wing nuts in Sacramento who don’t care about following the law.”

Last fall, Derry had proposed a wider-reaching proposal that would have required those who apply for food handler cards through the county public health department to also have their immigration status checked. He later withdrew that proposal because of questions whether it would be legal under the law that took effect in January.

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