Thread: Barletta applauds new immigrant law

http://www.timesleader.com

Posted on Sun, Oct. 01, 2006

Barletta applauds new immigrant law
Ordinance signed on Sept. 21 is stronger than the old law in some ways, mayor says.

By STEVE MOCARSKY smocarsky@leader.net

HAZLETON – Although Mayor Lou Barletta touts his city’s new Illegal Immigration Relief Act as more effective and defensible in court than the previous version, the new law appears to be weaker in some respects.

The measure – approved 4-1 by council Sept. 12 and signed into law Sept. 21 – still punishes employers and landlords who employ or rent to illegal immigrants.

But now, if a business owner knowingly hires an illegal immigrant, the employer will suffer minimal consequences as long as he or she fires the illegal immigrant within three days of notification by the city.

Under the old version adopted in July, the employer wouldn’t be allowed to renew a business license for five years if he or she was found to have knowingly employed an unauthorized worker.

Also, a landlord who knowingly rents to an illegal immigrant won’t have to pay a $1,000-per-day fine under the new law. The fine was replaced with a prohibition on collecting rent for the unit until the immigrant is evicted.

Under the revised law’s business section, employers have three days to turn over identity information on any employee the city suspects might be unauthorized or the employer’s business permit will be suspended.

The city can request the information only if it receives a written, signed “valid complaint” that identifies a specific employee suspected of being illegal, the nature of the violation and the date and location of the violation.

A complaint based primarily on national origin, ethnicity or race is invalid.

Even if the employer can’t provide identity documents on the employee, he or she would not suffer a consequence other than mandatory participation in the Basic Pilot Program – a federal identity verification program – as long as the employer shows proof the immigrant was fired within three days.

Basic Pilot is a program employers can use to verify identification such as a Social Security card when employees are hired.

So what’s to keep employers from hiring illegal immigrants? Does removing the five-year permit suspension from the law weaken it?

The law includes a provision to deter employers from hiring illegal immigrants, who normally work cheaper and won’t unionize or demand health insurance, and from firing legal citizens who cost more to employ. The provision allows authorized employees who were discharged while an illegal immigrant was working for the company to sue the employer for up to three times lost wages.

“I do not believe this ordinance has less teeth. In fact, I believe it’s stronger in different ways,” Barletta said recently. He said the new law is fair to businesses that act in good faith, and stronger than the old law because it deters employers from firing legal employees while illegal immigrants are working for them.

Under the rental section of the law, a landlord’s rental license will be suspended if he or she does not evict an illegal immigrant within five days of being told to do so by the city. During the suspension, the owner can’t collect any rent or other form of compensation from, or on behalf of, any tenant or occupant of the dwelling unit.

The next section states the suspension would end one business day after the landlord gives the city a sworn affidavit stating the violation has ended. Another section imposes a $250 daily fine for subsequent violations.

So what’s to keep a landlord from renting to an illegal immigrant if the threat of the $1,000 fine is no longer present? Can’t the landlord just evict a tenant if he is caught renting to an illegal immigrant?

Barletta said that although the $1,000 fine is not included in the immigration law, the city’s landlord/tenant registration ordinance carries a $1,000 fine and an additional $100-a-day fine to the landlord for each unauthorized tenant who remains on the property.

The registration ordinance requires all tenants living in the city to obtain a $10 occupancy permit from the city. They must provide evidence they are authorized to reside in the United States to obtain the permit. Landlords are forbidden from renting to anyone who doesn’t have a permit, and are required to keep a photocopy of the permit for their records.

ON THE WEB

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Go to www.timesleader.com to see both versions of the Illegal Immigration Relief Act and the “official English” ordinance, and to hear audio clips of Mayor Lou Barletta talking about the new laws at the Sept. 21 ordinance-signing ceremony.


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Steve Mocarsky, a Times Leader staff writer, may be reached at 459-2005.

http://www.timesleader.com

Posted on Sun, Oct. 01, 2006

Barletta: Softer English law better


By STEVE MOCARSKY smocarsky@leader.net

HAZLETON – The city’s new “official English” ordinance allows the use of other languages for city business in many more instances than a previous law.

But Mayor Lou Barletta says the new law still accomplishes his goal: promoting the use of English.

“When neighbors can’t speak to neighbors, that’s where walls are built. When people can’t get to know each other, that’s when there’s division.”

A previous version of the law banned the use of languages other than English for official city business, including all signs, documents and communications.

The new law says city employees may use languages other than English in their official duties:

• to teach or encourage the learning of other languages.

• to protect public health or safety.

• to teach English to those who aren’t fluent in the language.

• to comply with federal law.

• to protect the rights of crime victims or criminal defendants.

• to promote trade, commerce and tourism.

• to create or promote mottos or designations, inscribe public monuments, and perform other acts involving the customary use of a language other than English.

• and to use artistic terms or terms or phrases from other languages that are commonly used in communications otherwise in English.

While drafting a revised version of the Illegal Immigration Relief Act the city solicitor added exceptions for providing emergency services and legal help.

But Barletta had the solicitor remove the English-only provision from the new act council adopted Sept. 12. He had Pro-English – an English advocacy group – draft a separate law that also was adopted Sept. 12.

Barletta said the new ordinance doesn’t put the city at a disadvantage when promoting tourism or attracting new residents.

“For example, and not that we’re planning on doing this, but if we were to advertise in another country or city, we certainly don’t want to put (this) city at a disadvantage.”


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Steve Mocarsky, a Times Leader staff writer, may be reached at 459-2005.