Thread: GA-Cherokee still waiting to enforce ill imm ordinance

Cherokee still waiting to enforce illegal immigrant ordinance
By Christopher Quinn




Cherokee County's attempt to punish landlords who rent to illegal immigrants remains in limbo three years after being approved.


The county is waiting for court rulings in similar cases before enforcing or dropping the ordinance, which makes landlords check on renters' immigration status and allows the county to fine or revoke the license of a landlord who rents to illegals. It was the first Georgia county to try such an ordinance.

"[The court ruling] could happen tomorrow, and that could kick this thing open again," said Buzz Ahrens, the chairman of the Board of Commissioners.

"Or, it might just sit there, and we could do something else."

The county has not been idle. Last year, based on the Georgia Security and Immigration Compliance Act, which prohibits taxpayer funds from going to illegal workers, the county passed an ordinance requiring applicants for a business license to sign an affidavit saying they are in the U.S. legally. Counties such as Cobb and Gwinnett have similar ordinances.

Nearly 10 percent of Cherokee County's 183,000 residents were foreign-born in 2005, according to census estimates. A third -- about 5,700 of those 17,715 immigrants -- are U.S. citizens, but it's unclear how many of the others were in the country illegally.

One court case that must be resolved before Cherokee County can act on its renter ordinance is before a federal court of appeals. Hazleton, a Pennsylvania town, passed an ordinance in 2006 on which Cherokee based its action. A group of civil rights attorneys and the American Civil Liberties Union sued Hazleton, and a federal judge ruled the city ordinance was unconstitutional. The town appealed.

The 3rd U.S. Circuit Court of Appeals in Philadelphia heard the arguments 18 months ago in October 2008. It has not ruled.

"At the time in 2008, I said that I didn't expect a decision within 12 months, so I was right in at least one aspect of the case," quipped Ilan Rosenberg of the Cozen O'Connor law firm in Pennsylvania, who is involved in the suit against Hazleton.

"The 3rd Circuit is busy. While we are all hopeful a decision will come down soon, I don't know when that will be," he said.

Ahrens and other commissioners approved Cherokee's ordinance, saying it was necessary because of the costs of public benefits, such as education, being spent on illegal immigrants. Local governments have a right to regulate local outcomes, they argued. Attorneys from Atlanta's Hernan Taylor & Lee law firm, the Mexican-American Legal Defense and Educational Fund, the American Civil Liberties Union and Troutman Sanders sued the county, saying immigration is a federal issue and local governments that try to regulate it overstep their authority. A federal judge told Cherokee County to wait until similar suits are resolved.

"Everything is kind of just on hold while we are letting the identical issue play out in other jurisdictions," said Jamie Hernan, one of the suing attorneys.

"That saves everyone, including the county, the expense of having to deal with it."

Ahrens said the county continues considering other options to address the effects of illegal immigration, such as regulations involving employers of illegal immigrants. But the shrinking economy has eliminated many jobs that immigrants fill, he said. And local regulations could be rendered moot if the federal government passes immigration reform, as many are calling for. So there are incentives to wait.

"That is not to say there is any less interest. But the urgency is not as great in these economic times, and there are some practical realities that need to play out first," Ahrens said.

http://www.4029tv.com/news/23027467/detail.html

What is the problem with these people? Renting to illegals means aiding and abetting in their crime.