Council to Vote on Declaring O'Fallon a 'Rule of Law' City

O’Fallon may soon see tougher laws regarding employment of illegal immigrants within the city.

At Thursday night’s meeting, the council will vote on a resolution to declare O’Fallon is a Rule of Law City and does not condone illegal immigration. 

Ward 2 Councilman Jim Pepper said this would be the first proactive step aimed at providing a level playing field for the American workers in O’Fallon.

“It declares to everyone, that we will not be a sanctuary city,” Pepper told O’Fallon Patch. “The immigration laws are there, and they should be enforced, not overlooked.”

If approved on Thursday, as a Rule of Law City, the resolution states O’Fallon: 

• Is not a sanctuary city and has no intention of becoming a sanctuary city
• Will not hinder or restrict employee communication with federal officials regarding the immigration status of individuals
• Provide written notice to current and future police officers to cooperate with state and federal officials regarding the enforcement of immigration laws
• Will not provide public benefits to aliens unlawfully present
• Will enroll and participate in a federal work authorization program
• Will require any contract greater than $50,000 require the business to participate in a federal work authorization program

Pepper brought the issue forward at the council’s Aug. 11 workshop. Following the discussion at the Aug. 25 workshop, the council requested the resolution be brought forward for consideration at Thursday's meeting.

Pepper said he and Ward 4 Councilman Bob Howell, who both support the legislation, have discussed how to make the laws a reality for nearly a year now. O’Fallon Patch was not able to reach Howell for comment.

“This is the first step in us actually passing an ordinance in light of Supreme Court decision in the state of Arizona,” Pepper said.

In May, the Supreme Court ruled to uphold the state of Arizona’s law passed in 2007, which allows them to revoke the business licenses of owners who are found hiring unauthorized workers.

Pepper said he doesn’t believe there has been a major issue with illegal workers in O’Fallon, but becoming a Rule of Law City is a preventive measure to ensure every worker is treated equally. 

“I think its wrong for anyone to employ someone who is not legally licensed to work in this country,” Pepper said.

All employees should have proper documentation to prove they are either U.S. citizens or have a worker's permit, he added.

"That means the employer is reporting their income, and they are paying taxes that help support our infrastructure and health care like everyone else,” Pepper said. 

If the council approves the resolution on Thursday, Pepper said the next step is to bring forward an ordinance that helps enforce the illegal immigration laws in the city.

Pepper said he and Howell are sponsoring a proposed ordinance that will crack down on local businesses that employ illegal workers. The proposed ordinance was on the last workshop agenda for discussion on Aug. 25, but Pepper asked that it be removed until more research could be done.

The ordinance would require business owners to verify their employees were legally allowed to work in the United States. If complaints are filed, Pepper said the business would have a set time to provide proper documentation for its employees. Business owners who refuse to comply could have their business license revoked.

Pepper said the law is not meant to racially profile and complaints based on race, religion or national origin would be dropped immediately.

The proposed ordinance regarding employment of illegal immigrants is not on this week’s council workshop agenda, but council members can still add it to the list for discussion on Thursday. 

Pepper told O’Fallon Patch that O’Fallon City Attorney Kevin O’Keefe is working on the language of the proposed ordinance, and examining existing statutes of similar laws passed in Valley Park, MO and Costa Mese, CA.