Thread: Up to the challenge? Council passes revamped IIRA

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Up to the challenge? Council passes revamped IIRA in preparation for legal battle
Friday, 08 September 2006
By L. A. TARONE
tarone@standardspeaker.com
Hazleton City Council passed both ordinances of what had been the Illegal Immigration Relief Act on first reading Friday afternoon. The Illegal Immigration Relief Act as now constituted only concerns businesses that hire illegals and landlords who rent to them. Its provisions have changed substantively from earlier versions.

It passed, 4-to-1, with President Joe Yannuzzi, Vice President Jack Mundie, Evelyn Graham and Tom Gabos voting “yes.” Bob Nilles voted “no.”

The now separate official English ordinance has not substantively changed, though some wording was added to soften its tone. It passed, 5-to-0.

Second and third readings are expected to pass Tuesday.
Nilles made no comment about his “no” vote on IIRA, though in the past he said he was uncomfortable with the rental clause.

But he made an impassioned plea in favor of official English. He said it was an assist to new arrivals.

“We should promote the use of English,” Nilles said. “Only by speaking it can someone get ahead. I don’t think we’re punishing anyone with this; it’s not mean-spirited. Learning English is of value to every citizen.”

Nilles added that there were safety problems with language barriers, adding that all residents needed to be able to read things such as one-way signs.

The new ordinance includes a lengthy list of specific definitions and the term “harboring” illegals, which is already recognized under legal case law.

But its provisions have changed.

The Code Enforcement Office (CEO) is responsible for enforcement.
Businesses will have to sign an affidavit pledging not to hire illegals. A notice of violation will result from a complaint, apparently from anyone.

However, the ordinance notes, a complaint which “alleges a violation solely or primarily on the basis of national origin, ethnicity or race…” shall be disregarded. If a violation is alleged, CEO will send the business a notice requesting information. It has three days to respond. If it does not, its business privilege license will be suspended.

If an illegal is found to be in the employ of a business, it will have three days to “correct” the situation – either by firing the illegal employee or clarifying his immigration status. The business must submit documentation verifying that the situation has been corrected.

However, if two or more illegals are found, the business has to enroll in the federal Basic Pilot Program, a system set up under federal immigration law to check status of job applicants. Once the situation has been corrected, the business privilege license will be returned. But for second and subsequent violations, the business privilege license will be suspended 20 days.

The version of the law enacted in July had a suspension of five years for the first violation – 10 years for later violations.

The new law also requires businesses getting city contracts worth $10,000 or more to enroll in the Basic Pilot Program. Plus, that provision allows other employees of a firm closed for a illegal hiring violation to file suit against the employer. For instance, if a firm is closed for two weeks because of a violation, the new provision allows the firm’s other employees to file suit asking for the lost two week's wages.

It allows the fired worker in those instances to file a lawsuit demanding three times the damages incurred, “including, but not limited to lost wages or compensation from the date of discharge until the date the employee has procured new employment…” at the same or higher pay.

The section affecting landlords is now titled “Harboring Illegal Aliens.” Under it, renting to an illegal is considering harboring. Each illegal rented to is considered a separate violation – so if a landlord has five units, each with an illegal tenant, he’s got five violations.

Again, the Code Enforcement Office is responsible for enforcement. Just as with businesses, action is predicated on complaints. Upon receipt of one, CEO will check the immigration status of the person involved. If he turns up illegal, the landlord will have five days to act. If he doesn’t, the city will suspend the landlord’s certificate. During the suspension, the landlord is barred from collecting rent or other fees. The suspension is revoked when corrective action is taken.

For subsequent violations, the landlord is fined $250 for each.
Mayor Lou Barletta said the revised Landlord Registration Ordinance contains a $1,000 fine for renting to anyone without an occupancy permit – and getting one requires proof of legal status.

The revised English bill still makes it the city’s official language and calls for city documents to be printed only in English. It allows translations in the cases of an emergency situation and also allows anyone to use an interpreter. However it labels such interpretations, “unofficial or nonbinding.”

It also contains a clause that says proficiency in English and other languages “benefits (the city) both economically and culturally and should be encouraged.”

Allentown attorney David Vaida, among the lawyers involved in the suit already filed against the city, spoke during the meeting.

He said he assumed his words would “fall on deaf ears,” but felt “morally obligated to make a couple of comments.”

He said the actions contained in IIRA were “pre-exempted by federal law,” and added the city was attempting to “circumvent” it by putting the onus on employers and landlords. He added enforcement would cost the city and residents money and “create a climate of fear,” pitting “neighbor against neighbor.”

He said the official English bill was “unnecessary and mean-spirited.”
Dr. Agapito Lopez, who has emerged as a leader of the opposition, said IIRA’s provision related to the Basic Pilot Program amounted to an unfunded mandate on businesses.

He pointed to a clause that reads, “All agencies of the city shall enroll and participate in the Basic Pilot Program.” Another clause in Section Four reads that any business that has been found to have two or more illegals under employment “shall submit to the (Code Enforcement Office) ...documentation acceptable to the city solicitor which confirms that the business entity has enrolled in and will participate in the Basic Pilot Program.”

In “government-ese,” the word “shall” is a legal command to perform an action; it is much different from “should.”

Claiming business would have to pay a one-time $800 enrollment fee and an annual $1,800 renewal fee, Lopez said the requirement was an “unfair burden” on small business. He said they’d have to hire someone computer literate just to comply.

“I think this is very unfair to everyone,” Lopez said.

But attorney Michael Hethmon from the Immigration Reform Alliance of Washington, D.C., who helped write the ordinances, said the law referred only to city agencies and businesses that had been found in violation – not to every small business.

He added that enrollment was free and there was no renewal fee. He said it was available on the phone as well.

Resident Antonio Rodriguez said council should revoke the Keystone Opportunity Zone or Keystone Opportunity Expansion Zone status of any business found hiring illegals.

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Pending suits now must be revised, refiled
Friday, 08 September 2006
From staff reports
The revision of the city’s Illegal Immigration Relief Act will force a revision of the lawsuit filed against it by the Puerto Rican Legal Defense and Education Fund, the American Civil Liberties Union and others. Allentown attorney David Vaida is one of those lawyers. He attended Friday’s meeting and said the suit would be revised and refiled.
However, whether the official English ordinance will be challenged remains to be seen.

Under a legal maneuver in federal court last week, the city agreed not to enforce the version of IIRA enacted in July and opponents agreed to withdrew their request for an injunction.

However, also under that agreement, the city has to give opponents a 20-day heads-up when revisions are complete, giving them the chance to revise their legal complaint.

Vaida confirmed opponents would re-file against IIRA.

“The clock starts ticking whenever this is formally approved,” Vaida said.
Council plans to pass the ordinances on second and third reading Tuesday evening.

“After that, yes, we will revise the complaint and re-file it,” Vaida said.
However, when asked whether opponents would file two separate suits – one against IIRA and one against official English – Vaida was noncommittal about the latter.

“I don’t know. I really can’t answer,” Vaida said. “I’ll leave that up to the ACLU because they’re the lions in that den.”

Hazleton is far from alone in declaring English its official language. Allentown did so in 1994. Plus, 27 states have adopted official English laws.

Once the situation has been corrected, the business privilege license will be returned. But for second and subsequent violations, the business privilege license will be suspended 20 days.

The version of the law enacted in July had a suspension of five years for the first violation – 10 years for later violations.

Looks like the dog lost a little bark, actually a lot of bark. There is a huge difference between 20 days and 5 years.

Look for the loop holes guys!

The section affecting landlords is now titled “Harboring Illegal Aliens.” Under it, renting to an illegal is considering harboring. Each illegal rented to is considered a separate violation – so if a landlord has five units, each with an illegal tenant, he’s got five violations.

What if he has a leagal tenant renting the place but 20 illegals living in the apartment. This is crap!

There are more things I saw like that. Loop Holes.

Dixie

Originally Posted by Dixie

Look for the loop holes guys!

The section affecting landlords is now titled “Harboring Illegal Aliens.” Under it, renting to an illegal is considering harboring. Each illegal rented to is considered a separate violation – so if a landlord has five units, each with an illegal tenant, he’s got five violations.

What if he has a leagal tenant renting the place but 20 illegals living in the apartment. This is crap!

There are more things I saw like that. Loop Holes.

Dixie

took me a second to get what you were saying. According to most states rental laws it is illegal to live in an apt with out permission of the owner aka signing a lease.