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Councilman's idea for illegals opposed
Ordinance protested by HOPE, has little support from council
By ERIC SNYDER
The Leaf-Chronicle

Ward 4 Councilman Wallace Redd found little support for his ordinance discouraging illegal immigration at Tuesday's working session of City Council.

During the council's discussion and the resulting public comments, Redd's was the only voice supporting the ordinance, which would fine landlords or business owners for knowingly sheltering or employing illegal immigrants. Offending business owners also would lose their business license for one year.

The ordinance also declares English as "the official language of City Government."

The ordinance had originally set the fine at $1,000, but Redd said City Attorney David Haines had reminded him the maximum fine the city can levy is $50.

Redd said the fine could be cumulative for each day an infraction continues.

The Rev. Tommy Vallejos, director of the Hispanic Organization of Progress and Education, held a press conference before the council's meeting to protest the ordinance.

"We're not going to allow this bigotry to happen," Vallejos said to a crowd of about 25.

Vallejos, an American by birth, wondered if he'd "have to carry my birth certificate around."

"The doormat is being pulled. We're being noted as a city of hatred and bigotry," Vallejos said.

In the crowd was Jesse Castaneda, a health care manager from Orange County, Calif., who was visiting his nephews to consider a move here.

Castaneda, who'd been drawn to Clarksville "just (for) the beauty of the place," said there was now "no way" he'd move here.

During Tuesday's public comments, Vallejos and others said the ordinance would discriminate against all Hispanics because landlords would be leary of renting property to them.

Such concerns prompted a lawsuit in August from the American Civil Liberties Union against Hazleton, Pa., whose ordinance is serving as the model for Redd's proposal.

Redd brushed off concerns Clarksville might encourage similar lawsuits, saying organizations will sometimes start "frivolous lawsuits" to generate attention to their cause.

If avoiding lawsuits was the city's primary concern, Redd added, "We wouldn't be able to have a police department here."

Redd said hiring illegal immigrants is already a federal crime, but that "cities and municipalities are more and more (realizing) you can't have a federal officer in your backyard" to respond to calls.

Chief of Police Mark Smith has said officers are to call the Memphis branch of the Immigration and Naturalization Services to report illegal immigrants they encounter.

Except in cases of felony offenses, local police are usually instructed to note the alien's name and release them.

The ordinance claims "illegal immigration leads to higher crime rates, contributes to overcrowded classrooms and failing schools."

When Ward 6 Councilman Marc Harris asked Redd what proof he had of this locally, Redd pointed him to a recent proposal by Davidson County Sheriff Daron Hall to crack down on illegal immigrants who are criminal suspects.

In Davidson County, an illegal immigrant who'd been arrested 14 times faces drunken-driving related homicide charges in connection with the deaths of a Mount Juliet couple.

"A lot of time we just wait until there's a high-profile case," Redd said. "It might not be wise to wait."

Chief Smith told the council his department could not enforce the ordinance with its current resources and that it would not generate "a significant decrease in crime."

Although he did not speak during the meeting, Kent Stratton, a local residential painter, said he supported Redd's plan.

Stratton said Vallejos was turning the issue into "a racist, bigot thing."

"It is a legal, federal problem," Stratton said. "That's the bottom line. Someone is breaking the law."

Stratton backs the goals of the ordinance, but said "it's going to be so hard to support it and give it teeth."

Redd said "all but one" of the e-mails and calls he's received about his proposal had been positive.

To become effective, the ordinance must be approved by two votes of the City Council. The first will come at the council's regular session Thursday at 7:30 p.m.

Eric Snyder covers city government and the courts. He can be reached by telephone at 245-0262 or by e-mail at ericsnyder@theleafchronicle.com.