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Illegal Immigration The fight in Delaware
By KRISTIN HARTY, The News Journal

Posted Sunday, August 20, 2006

Fernando Tapia crossed the border illegally, was granted amnesty and is now a U.S. citizen. His grandchildren are Americans. Their parents are not. (Buy photo)

The News Journal/GINGER WALL


Councilman John Jaremchuk of Elsmere asks if citizens are tired of illegal immigrants "invading our district, taking our jobs, destroying our quality of life?"
(Buy photo)

The News Journal/GINGER WALL


Attorney Rick Hogan says "there's strong arguments on both sides. Law and order issues. Human issues. ... Maybe every generation has to go through it and figure it out."
(Buy photo)

The News Journal/GINGER WALL


In spring 2005, protesters opposed a proposal in Elsmere to ticket illegal immigrants and fine landlords and employers $1,000 for each undocumented person they housed or employed.

News Journal file


ELSMERE -- The white man wouldn't give his name, fearing reprisals from immigrant neighbors.

Shirtless and covered with sweat, he sat on the front step of his home, just down the street from Fenwick Park Apartments.

He took a break from yard work to vent.

"They broke the law to get here? Leave!" said the man, who is in his 60s. He proposed that state leaders rent buses and take Delaware's undocumented immigrants back to Mexico.

His neighbors are Mexican and Peruvian. He suspects some are in the country illegally.

"It's not fair to the American citizen who has to go by the rules. We have to buy a license plate, insurance, pay taxes, everything. ... Everybody should obey the law."

Across town, the Mexican woman was scared, too. An undocumented immigrant, she sat on a love seat in her apartment, occasionally peeking out a living room window to see who might be coming.

"I want to do things right -- I want to have a normal life," said the woman, 37, a single mother employed as a maid.

Her parents, now naturalized citizens, brought her to the United States when she was a child. Now she's one of thousands of Mexican immigrants waiting for a chance at a green card. The immigration system, overwhelmed by applicants, is backlogged. For most people, the waiting time is years.

"You never feel calm," said the woman, who has no Social Security number or bank account. Several piggy banks full of pennies, nickels and dimes sit on her living room floor. She drives to work, but doesn't have a license.

"Sometimes, when I drive, I look at the car next to me, and I think, why can't I be like this guy next to me? We're the same. You know?"

More than 2,000 miles from the U.S.-Mexican border, Delawareans such as these are confronting the issue of illegal immigration. On doorsteps and in living rooms, they're wrestling with their consciences and drawing on life experiences to decide how they feel.

Hispanics make up the largest legal immigrant group in Delaware and the United States, with a national presence of 42.7 million in 2005.

An estimated 11.5 million to 12 million undocumented immigrants -- at least half of them Hispanic -- live in the United States. In Delaware, estimates range from 13,500 to 35,000 -- and growing.

"Everybody's afraid of the unknown -- I'm guilty of it, too," said Rick Hogan, 35, an immigration attorney who practices in Wilmington and Philadelphia.

Historically, immigrant populations have faced discrimination. When the Irish first immigrated to the United States in the 1840s, they were denied jobs and housing by Americans who considered them dumb and dirty. Italian immigrants, stereotyped as criminals, also faced difficulties.

"I don't think everybody ought to be able to just come in for free -- anybody that wants to can just walk in and set up shop," said Hogan, who is part Irish. "But at the same time, the economy's strong enough. The situation's a little desperate on the other side of the border," he said.

"There's strong arguments on both sides. Law and order issues. Human issues -- how do you treat people? Economic issues. It's all wrapped into one. Maybe every generation has to go through it and figure it out on their own."

Earlier this month, about 400 Delaware Air National Guard airmen were sent to the Mexican border to support increased federal enforcement efforts as part of "Operation Jump Start." The recent initiative calls for 6,000 new Border Patrol agents, the use of sophisticated surveillance gear and the construction of additional high fences to control illegal immigration.

After months of debate, Congress isn't expected to have a compromise immigration bill worked out until late fall or early winter.

A hard-line House bill, approved in December, would make illegal immigration a felony. The more moderate Senate bill -- supported by President Bush -- would establish a temporary worker program and a path to citizenship for illegal immigrants.

While waiting for federal reform, towns and cities across the country have taken the issue into their own hands this summer. A few already have passed laws:

•In Riverside, N.J., which has a large Brazilian population, the city passed the "Illegal Immigration Relief Act" in July, banning the hiring and housing of undocumented immigrants.

•In Colorado, a new law prohibits state agencies from working with contractors who knowingly hire undocumented workers.

•In Hazleton, Pa., a law passed this summer requires renters to undergo a background check and obtain a permit assuring landlords that they are in the country legally.

From coast to coast, dozens of other towns are considering similar proposals. Lawsuits already have been filed, claiming the ordinances are unconstitutional. Rancorous public debate has created an "us and them" atmosphere.

Hispanic advocacy groups aren't aware of any Delaware communities with immigration ordinances on the table. The Delaware chapter of the ACLU has received no complaints about proposals singling out immigrants, said Julia Graff, staff attorney.

In Georgetown, where the population of Guatemalan and Mexican immigrants has boomed in recent years, a raid of immigrant homes in April 2005 shook up the town, especially the Hispanic community. Fifty-five men were arrested, all of them found to be undocumented.

Since then, the issue hasn't resurfaced in such a public way. In Sussex County, undocumented workers have become critical to the economy, particularly in the poultry, construction and service industries.

Without question, the Delaware immigration debate has been most heated in Elsmere. In this working-class town of about 6,000, the Hispanic population tripled to about 700 from 1990 to 2000.

More than a year ago -- long before President Bush and Congress pushed immigration to the top of the national agenda -- one Elsmere leader had already crafted a plan to get undocumented immigrants out of town.

In Spring 2005, Republican Councilman John Jaremchuk proposed a law similar to Hazleton's.

It would have allowed police to ticket anyone who couldn't provide proof of U.S. residency within 72 hours and fined landlords and employers $1,000 for each undocumented person they housed or employed.

Hundreds of people gathered at the Elsmere Fire Hall for emotional debate. The ordinance was defeated, but continues to resonate.

Today, Jaremchuk is running for state office, hoping his get-tough immigration platform will garner him the District 13 representative seat.

In Elsmere, his ideas are taking on new forms.

Ready to argue

Bruce McCoy strode into Elsmere Town Hall, steeling himself for a standoff.

Local Hispanics, he'd heard, were angry about a new law they considered anti-immigrant. A group was expected to protest at the July 13 council meeting.

McCoy, 51, had rearranged his schedule to state his views publicly: Ordinance 466 was necessary. Approved June 8, the law allows police to ticket any vehicle with out-of-state tags parked on city streets if the owner has lived in Delaware longer than 60 days.

Elsmere's all-white council approved it unanimously. The ordinance's sponsor: John Jaremchuk.

Margaret Quijano, for one, was outraged.

The manager of Fenwick Park Apartments, she'd seen the first police detective as she walked around the 156-unit property in late June. The officer was taking photographs of vehicles and writing down license tag numbers.

"It's crazy. Where is it going to lead to?" asked Quijano, who believes the law is racial profiling. About 60 percent of her tenants are Hispanic.

Many of them drive cars with out-of-state license tags -- one sign that they might be living in the country illegally.

In Delaware, officials won't issue license plates to people who can't prove legal residency with a passport, visa, resident alien card or employment authorization card. States such as Pennsylvania and North Carolina ask fewer questions.

McCoy believes it's time for somebody to ask questions.

"If you stand up and say illegal immigration is illegal, then you get about 100 fingers stuck in your face saying you're a racist for thinking like that," said McCoy, a professional musician and registered Republican. He's frustrated by the federal government's failure to enforce immigration laws.

"We've got to come up with some sort of legislation that solves the problem," said McCoy, who is supporting Jaremchuk's campaign. "If it means that local governments have to kind of step up and do something about it, then I think they should -- and let the courts decide whether it's right or wrong."

Quijano, already riled, became even more incensed a few days later when someone wearing a 'City of Elsmere' T-shirt dropped off a stack of Jaremchuk's campaign fliers at her office.

She could quote the rhetoric by heart it made her so angry.

"Have you had enough of illegal immigrants invading our district, taking our jobs, destroying our quality of life?" the flier reads.

Quijano never distributed them.

"I called my friends in Texas and said, 'Y'all aren't going to believe this,' " said Quijano, a native of El Salvador who grew up in the United States. "I just can't believe it's 2006 and there's still people who have these narrow-minded views."

Quijano considered protesting at the July 13 council meeting.

Elsmere town leaders, hearing rumors, began preparing for Round 2 of the illegal immigration debate.

But the standoff never happened.

No Hispanics attended the meeting, and the issue never came up. Instead, council discussed various small-town minutiae: drainage problems, zoning, a reminder to turn on the porch light for National Night Out.

McCoy stayed a few minutes, then left to teach a trumpet lesson. Arms folded across his chest, he shrugged at the almost empty parking lot.

"I was actually relieved nothing happened at the meeting," he said later. "I was hoping there wouldn't be any kind of controversies. I don't want to see people getting upset."

Quijano didn't protest because she didn't want to provide publicity for Jaremchuk's campaign. As of Aug. 17, none of her tenants had received a ticket under the new parking law.

"I'm thrilled," she said. "It's peace of mind for the residents."

That calm could be deceptive.

Elsmere Police Chief Neal Strauss said officers haven't issued any tickets under the new ordinance because they need at least 60 days to collect evidence. The law became effective June 8 -- just over 60 days ago.

"In the near future, we will start issuing summons," Strauss said.

Strauss said the initiative is about law and order -- not racial or ethnic profiling.

State law requires residents to change license tags within 60 days. Authorities can ticket moving vehicles that don't comply. Ordinance 466 allows Elsmere police to ticket parked vehicles.

Another recent law in Elsmere requires landlords to collect vehicle registration information from all tenants. Police can then check for residency.

Quijano believes both ordinances are quiet ways to target undocumented immigrants. She's waiting for new developments.

If Elsmere's melting pot begins to boil, she'll state her name for the record and make her voice heard.

So will McCoy, who has opposing views.

"A lot of times people don't say what they feel because they're just so darn afraid of what people are going to think of them," McCoy said. "You can't be that way. You have to stand up for what you feel. ... That's why America's such a great place."