Thread: Escondido day-laborer law a possibility

http://www.nctimes.com/articles/2007/01 ... _13_07.txt

Escondido day-laborer law a possibility

By: PAUL EAKINS - Staff Writer

ESCONDIDO ---- In its effort to remove illegal immigrants from the city, the Escondido City Council first tried to prevent landlords from renting to them with an ultimately doomed housing ordinance.

Now, some council members say they not only hope to rewrite and bring back that ordinance, but are considering a law regulating the hiring of day laborers similar to a legally embattled ordinance passed in Vista last year.

The idea is among several that council members said they are considering after passing a resolution Wednesday that reaffirms the city's opposition to illegal immigration.

"We want to be on the offensive, basically to take our city back," Councilwoman Marie Waldron, who has led the anti-illegal immigration charge, said Thursday. "We want to enhance our economy, (and) have safe and healthy neighborhoods again."

The resolution, which passed 3-2, asks the federal government to give local governments the ability to enforce immigration laws. Escondido council members have said that illegal immigrants are having a negative effect on the city, causing such problems as overcrowding, an increase in crime, and overburdened schools, hospitals and social services.

But Kevin Keenan, executive director of the American Civil Liberties Union of San Diego and Imperial Counties, which brought lawsuits against both Escondido and Vista for their controversial ordinances, said Waldron has some bad ideas.

"I would describe what Ms. Waldron's talking about as a cornucopia of unconstitutional measures and expensive lawsuits," Keenan said Friday after being told about Waldron's ideas.

As it did with the housing ordinance, Escondido may overstep its bounds as a city government, he said.

"It's not clear what exactly she's proposing on these other issues, so we'll have to see," Keenan said. "She'd do better to stop trying to be a local office of ICE (Immigration and Customs Enforcement) and instead target problems the city is facing in a way that the laws allow."

Regulating day laborers

Waldron has said that Escondido doesn't have a serious problem with day laborers, largely due to a hiring hall where laborers can register to be hired and consequently don't need to seek employment on street corners. However, she said Thursday that an increasing number of day laborers seeking work in some neighborhoods has become a concern.

Waldron also said that Escondido should take precautions to ensure more day laborers don't end up here because of the passage of Vista's day laborer law, which sent many of those seeking work to that city's fringes.

"We don't want to see people that normally would be in Vista coming to Escondido," Waldron said.

The Vista ordinance, passed by its City Council in June and that went into effect in July, requires anyone who hires day laborers to register with the city, display a certificate in their car window and give written terms of employment to workers.

The ordinance faces a legal challenge by the ACLU as well as the California Rural Legal Assistance Inc. of Oceanside, which claims the ordinance restrains free speech and is discriminatory. However, a U.S. District Court judge in August denied a request for a temporary restraining order to stop enforcement of the ordinance.

The lawsuit is still pending in federal court.

Escondido faced a similar legal battle over an ordinance passed in October banning landlords from renting property to illegal immigrants, making it the first California city to do so.

That ordinance, however, didn't fare as well as the Vista law.

In November, the ACLU, the Mexican American Legal Defense Fund and other civil rights organizations filed a lawsuit challenging the law's constitutionality and requested a temporary restraining order as well.

Later that month, a federal judge issued the restraining order blocking the city from enforcing the housing ordinance. In December, Escondido city leaders dropped support for the ordinance, saying the pending legal battle would be too costly.

Waldron didn't say what form an Escondido day-laborer law would take, noting she wants to wait on the outcome of the lawsuit against the Vista ordinance.

Escondido Councilmen Ed Gallo and Sam Abed have been the other two adamant supporters of measures to stop illegal immigration.

Councilman Dick Daniels, elected in November, said during his campaign that he supported the city's housing ordinance. However, Daniels voted against last week's illegal immigration resolution, saying it doesn't implement any real action to fight illegal immigration and that it would further tarnish Escondido's image.

Escondido Mayor Lori Holt Pfeiler, who voted against the housing ordinance last year as well as last week's illegal immigration resolution, said Friday she would support an ordinance regulating day laborers, but also wants to wait for the Vista lawsuit to be decided.

"We've had businesses complaining about day laborers for some time, and if we could come up with a solution, that would be great," Pfeiler said.

Other solutions

In addition to bringing back the housing ordinance and regulating day laborers, Waldron said she would like to find ways to prevent other employers from hiring illegal immigrants and would like to get the Escondido Police Department more involved in enforcing immigration laws.

Gallo said Friday that he also supports these ideas and said the city should seek out resources that could help in the anti-illegal immigration effort.

He said the Police Department could partner with the federal Immigration and Customs Enforcement through a program that trains police officers to enforce federal immigration laws.

Gallo suggested one or two officers could be trained to screen individuals arrested by the police to determine their immigration or residency status. If they are illegally living in the United States, they then could be handed over to the federal government for deportation, he said.

Businesses and consumers also could have a hand in promoting the use of legal workers through a new program provided by the Federation for American Immigration Reform.

Called "FAIR Approved," the program certifies businesses that only hire those who are legally able to work in the United States. The businesses then put a sticker in their window indicating this certification and alerting consumers who don't support the hiring of undocumented workers.

"They can shop wherever they want, but they may prefer to shop or do business with companies who have the FAIR label," Gallo said.

Waldron acknowledged future ordinances related to illegal immigration could face costly legal challenges, but said action still needs to be taken.

"We're certainly cognizant of the taxpayer money," Waldron said. "On the other hand, when you look at the cost of not doing anything, I feel that it would exceed what it would cost us to move ahead with logical, defensible measures."

Keenan, of the ACLU, said his organization would be keeping a close eye on Escondido.

"This City Council is distinguishing itself in the county for constitutional abuses, and we're now looking at everything Escondido does closely," Keenan said.

Comments On This Story

Note: Comments reflect the views of readers and not necessarily those of the North County Times or its staff.

Read This Story wrote on January 14, 2007 12:16 AM:" http://www.nctimes.com/articles/2007/01 ... _12_07.txt And then ask yourself why would you want to hire a day laborer, when you do not know anything about his or her character, or if he or she has a criminal history?"

RECALL THE THREE STOOGES wrote on January 14, 2007 12:23 AM:"The attacks of Larry, Curly and Moe... against Escondido Community Members are ilogical and childish. The only thing that they had achieved was to tarnish Escondido's reputation and chances to bring better and bigger business to our city. At the same time, they are wasting our tax dollars. Do you think they would do the same if it were their own money? It's time for our community to say enough is enough. They tried to deny permission to Habitat for Humanity for building homes for local residents. They refused to help HighTechHigh to find a place for its campus in Escondido; losing it to San Marcos. The three stooges also threw away $240,000 of our tax dollars on an ordinance that would punish property owners. And, the latest, they tried to throw out 40 Escondido residents on the streets during the colder nights. It just takes 7,000 signatures of registered voters to recall them. Let's do it."

Business Licenses wrote on January 14, 2007 12:29 AM:"The City should do business license checks instead. If the day workers are independent contractors, then they are doing business in the City, and they need a business license. If the day workers are employees (very doubtful), then the employers should be monitored to insure compliance with state and local employment laws."

Citizen for FAIRness wrote on January 14, 2007 4:02 AM:"Escondido citizens for FAIRness will be keeping a close eye on the ACLU. Ihe ACLU is distiguishing itself in the entire country for undermining everything that keeps this country strong and FAIR. ACLU - you have your work cut out for you. We won't throw away our country without a bloody fight if that is what it takes. FAIR is fair."

P wrote on January 14, 2007 6:39 AM:"Maybe they should call the Carlsbad Mayor and ask him how he got rid of the illegals hanging out on El Camino Real by the mall. The police and Border Patrol were there last week and since then, no illegals."

Pat wrote on January 14, 2007 7:25 AM:"I voted for Mr. Daniels based on his position on immigration even though I had my doubts as generally anyone associated with a COC is pro growth in all respects. Now I find he is a clone of our Mayor. At least Sam and Marie's voting corresponds with what they say their position is. Daniels may fool me once but not a second time!"

Howiek wrote on January 14, 2007 7:59 AM:"Rather than wasting time with potential “new” immigration laws that are clearly in the prevue of the federal government, why doesn’t Escondido try enforcing anti-vagrancy laws instead? People just standing around on street corners really do need a reason to be there or they should be considered vagrants!"

Tired of Illegals wrote on January 14, 2007 8:09 AM:"Go for it! Vista has seen a lot less illegals hanging around since passing their ordinance. "

aclu $$$$$ wrote on January 14, 2007 9:02 AM:"Maybe we should be keeping an eye on what Keenan of the aclu is doing ( tit for tat ) and make them spend some $$$$ defending themselves....."

Citizen wrote on January 14, 2007 9:18 AM:"Oh no, the ACLU will be at it again. They need to stay out of our cities issues when it comes to illegal immigration. The illegals broke our laws and the ACLU finds nothing wrong with that. Why am I not surprised? "

John wrote on January 14, 2007 9:31 AM:"Wait, I hear a lawyer in the breeze trying to figure out a way to make you hire the Illeagels.Go after the employers and the problem will be solved.No work, No illeagel Mexicans."

Al wrote on January 14, 2007 9:54 AM:"Good idea! Marie Waldon for Mayor after (Do Nothing) Mayor Pheilers term is up."

Gary wrote on January 14, 2007 10:14 AM:"More Driver's License checkpoints. Make the Illegals use public transportation and they will get so frustrated that they will leave on their own."

B and P wrote on January 14, 2007 10:36 AM:"We need to learn to live together and put aside the ideas of Xylophobes."

Pedro wrote on January 14, 2007 10:43 AM:"Viva la ACLU, if they come, it's over before it's officially over, ACLU Rocks!!"

Can You Say wrote on January 14, 2007 11:46 AM:"RECALL..... "

Former Esco Resident wrote on January 14, 2007 12:23 PM:"They need to enforce what a "single family dwelling" means, so the illegals can't pack 15 people into a three bedroom house. To me, that's the real key to this entire thing and that is what has destroyed our neighborhoods. You can have your day-laborer laws, your renting laws, etc., but anyone caught with 15 people living in their house, whether it is rented or owner-occupied, should be fined up the wazoo. Now I wouldn't count the ACLU as one of my favorite organizations, but those of you concerned about "throwing away the country" probably voted fo Bush, who is doing exactly that. Fight the REAL enemy! (and the illegals)"

To Howeik wrote on January 14, 2007 12:26 PM:"Unfortunately, the ACLU and their friends have seen to it that our vagrancy laws are unenforceable. --- A.C.L.U. Remember when the 'A' stood for 'American'? "

Frustrated wrote on January 14, 2007 12:26 PM:"We are trying to sell our house and just lost a sale due to the troika. After reading back issues of the NCT and the comments on the on-line edition, the out of State buyers did not want to be associated with what they called a racist community. Guess we'll have to advertise in Idaho or Fallbrook. Does anyone know if the Minuteman have a newspaper where we can advertise? Whether the council and city is racist is not the issue. It is the perception that has been created. There are people who do not want to live here because of the infamy of this Council. There are people who do not want to live here because of their latent/ overt racism or their xenophobia. When you are trying to sell your house, it is a problem either way. I know...the market is bad...but when someone drops out of escrow because of the troika, you wouldn't be happy either!!! "

Karen wrote on January 14, 2007 12:47 PM:"This kind of law will never work as long as there are homeowners who don't care about illegals and constantly hire them to do their yard work, etc. All one has to do is walk down the Summit Drive areas and see them working on the expensive estates."

RECALL AND BOYCOTT! wrote on January 14, 2007 1:13 PM:"It's time to remove the three Stooges who are hurting our city. And, at the same time, it's going to be nice to see that their supporters, including everyone with a FAIR sticker posted at their business, is boycotted by the hispanic community... legal and illegal. For a lot of people that don't know, let me educate you; the hispanic market is the highest growing in the nation. Their spending power is fundamental for the growing of the communities, especially for small businesses. It will be great for people to show their true colors as we are already looking for the business that contribute to the campaign of these three stooges. If any other business wants to join them, they are welcome to do it. But remember, your revenue will decline as had happened to Mr. Abed's gas station... He is still trying to sell it and can not find a buyer since all the hispanic customers who used to be his patrons are gone. They were 80% of his revenue. Please, bring on the FAIR stickers... to make it known as to where you stand in our community and make it easier for us to identify you. Many thanks goes out to FAIR, for making my job easier. Remember... everyone who had in the past, present and in the future, who supported the campaigns of these incompetent council members, you will lose the support of your hispanic patrons. Hispanic Community (In Escondido, there are over 70,000 of us.)"

Skip wrote on January 14, 2007 1:30 PM:"And the best part is that all of these Illegal Alien, Non-tax paying, people will get free Medical Insurance compliments of the California taxpayer. Don't forget free public education, WIC, and welfare for the anchor babies, also compliments of the California taxpayer."

Syl wrote on January 14, 2007 1:32 PM:"There are two websites worth noting here. One is about criminal day laborers, and the other is in memory for victims of Illegal Aliens. Just GOOGLE, "Day Laborer" and you will find them."

Why Chase off the ACLU wrote on January 14, 2007 1:33 PM:"They were dead right about the housing ordinance, they did the city a favor by pointing out a bad law before it was passed. Sadly the city ignored their advice relied on an incompetent city attorney "

Can You Say wrote on January 14, 2007 1:40 PM:"With the highest number of hit-and-run accidents in Southern California you would think Escondido would get really serious about removing illegal Aliens from their borders. It is the law in California that if you are an Illegal Alien, then you do not get a driver's license. That is not negotiable, as that is the law as it now stands. I highly commend the City Council for looking out for the best interests of Law Abiding American Citizens who live in Escondido. It is also a safety issue of paramount importance."

Paul wrote on January 14, 2007 4:42 PM:"To B & P what is a Xylophobe? I tried looking it up in the book of many words "a.k.a. dictionary". It doesn't exist. Is this a new racist word you invented to call the other bloggers by?"

Karl wrote on January 14, 2007 5:35 PM:"B and P, what is a Xylophobe. I can't find it in the dictionary."

Skip wrote on January 14, 2007 5:45 PM:"When the left calls the great majority of American citizens Xenophobes, they don’t even know what they are saying. Xenophobia is an irrational fear of foreigners or strangers. It’s more than just dislike – it’s a phobia. A phobia is a persistent, abnormal, and irrational fear of something despite the awareness that there is nothing dangerous. Obviously, there’s nothing irrational or phobic about a nation of citizens becoming worried about a dangerous invasion of immigrants who are openly flaunting our laws!"

Skip wrote on January 14, 2007 5:46 PM:"Now Xenophilia or Xenophily is the opposite of Xenophobia. A Xenophiliac or Xenophily is someone who has an inordinate attraction to strangers and people of other lands usually to the detriment of their own welfare. The word is derived from the word Philoxenia. Philoxenia is a compound made up of two Greek words: philos, means "love" or “attraction” and xenos, means "stranger" or “foreigner." Ok - enough of these labels! Let the p.c. crowd repent once they get their fill. Remember, labels go both ways."

David wrote on January 14, 2007 5:52 PM:"It will be nice when Oceanside starts enacting this laws."

TO: Read This Story.. wrote on January 14, 2007 7:06 PM:"I read the story. The Public defender should be prosecuted for stupidity. "

Freddy wrote on January 14, 2007 7:13 PM:""He (Gallo) said the Police Department could partner with the federal Immigration and Customs Enforcement through a program that trains police officers to enforce federal immigration laws." Now that makes sense and has been needed for years. Yes, it will take money and resources, so get your wallets out We The People."

BIG FAN wrote on January 14, 2007 7:29 PM:""I like the Three Stooges, It's Minnie Mouse the Mayor I don't like""

BIG FAN TOO! wrote on January 14, 2007 7:42 PM:"If you want to recall someone, Dick Tracy would be a good candidate, he voted for illegal immigration after he voted against illegal immigration. Sounds like a certain someone who once ran for President."

troika ? wrote on January 14, 2007 10:01 PM:"1. a Russian carriage, wagon, or sleigh drawn by a team of three horses abreast. 2. a team of three horses driven abreast. 3. any group of three persons, nations, etc., acting equally in unison to exert influence, control, or the like. "

Argh... wrote on January 14, 2007 11:11 PM:"Xylophobia is fear of xylophones...of course!!!"

TO FRUSTRATED, PLEASE CONTACT ME wrote on January 15, 2007 4:27 PM:"I'm a reporter at the North County Times (I wrote this story) and would very much like to talk to you about your real estate situation. I know this message is the day after, but if you do happen to see it, please contact me at (760) 740-5420 or e-mail peakins@nctimes.com. Thank you."

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