http://www.dallasnews.com

FB not ready to drop immigration plan yet

City attorneys working on ordinance in case Congress falls short


09:29 PM CDT on Saturday, September 9, 2006

By STEPHANIE SANDOVAL / The Dallas Morning News

Farmers Branch officials haven't given up on the idea of a local ordinance limiting where illegal immigrants live and work in the city.

Critics of the proposal had hoped the City Council had put the matter to rest last week with the adoption of a resolution blasting the federal government's failure to secure the borders.

But the city's attorneys are crafting an ordinance that is likely to go to the City Council before the end of the year.

"This issue is far from over in our city. Things are still being worked on, drafted and looked at," City Council member Tim O'Hare said.

"This was by no means the end of the day."

The U.S. House and Senate are deadlocked over different bills, and it appears unlikely that there will be an agreement before Congress adjourns for the election season in a few weeks.

So Farmers Branch officials say they plan to take steps of their own if a bill doesn't pass, and they are closely watching what happens in Hazleton, Pa.

Hazleton in July passed an ordinance making English the city's official language, fining landlords who leased property to illegal immigrants, and punishing businesses that hired them.

Mr. O'Hare has suggested that Farmers Branch enact similar measures.

But facing three lawsuits over the law, Hazleton officials are considering revising their ordinance.

Farmers Branch city attorneys got a copy of that revised ordinance from the group that helped craft it – the Federation for American Immigration Reform, or FAIR – and will consider whether to include some of its language in the Farmers Branch ordinance.

City Attorney John Boyle would not say what provisions might be included.

"We're looking at everything that's on the table," he said.


Joining forces

FAIR offered to help Hazleton revise its ordinance to stand up to court challenges, spokesman Ira Mehlman said, and is offering the draft to any city that wants to take a stand against illegal immigrants.

"A lot of these cities have suddenly found themselves dealing with large-scale immigration," Mr. Mehlman said. "They're experts in the local problems but not necessarily experts in the intricacies of immigration law. ... We've been able to look at what Hazleton and some of the other places are proposing and come up with language we believe is legally bulletproof."

Farmers Branch Mayor Bob Phelps said he hopes Congress will reach an agreement on immigration before adjourning.

The city plans to send out the resolution it adopted last week to every city, school district and community college district in the state, encouraging them to adopt a similar resolution and send it to President Bush and the Texas delegation in Congress.

"That's why we're hoping this resolution will start some action up there," Mr. Phelps said.

When the attorneys working on the ordinance have something they think will hold up in court, it will come back to the City Council, Mr. Phelps said.

Hispanic community leaders say they will renew their opposition if Farmers Branch pursues local ordinances, though they, like city leaders and Mr. O'Hare's supporters, say they hope Congress can get an immigration bill passed.

"Maybe with the kind of pressure they have all over the country, they might change their mentality and do something. They need to. They have to," Farmers Branch resident Luis de la Garza said. "We are going to put a lot of pressure on them as well. We want that to be resolved."


Pressure elsewhere

While Farmers Branch and others across the nation are pressuring Congress to act, one local talk radio station is putting the pressure on elected officials around the Dallas area to take a stand on immigration issues as well.

An e-mail to some elected officials asks them to indicate whether they would vote for or against a policy supporting enforcement of all laws at the federal, state and local levels, and whether they would vote for or against making English the official language of their city.

The message says the results will be posted on the Internet. Organizers say they'll encourage voters to support officials in favor of the measures and to work to remove from office those against and those who don't respond.

Some elected officials in Grand Prairie said they were angered by the threatening tone of the e-mail and would not respond.

Grand Prairie Mayor Charles England said he wasn't planning to consider the Farmers Branch resolution.

While he agrees that the government has done a "very poor job" of controlling the borders, U.S. citizens have to shoulder some of the responsibility for the illegal immigrants who are here, he said.

"A lot of the reason a lot of them are here is because of us," he said. "We've allowed that to happen and been glad to have them, from West Texas farmers to metropolitan areas for construction or domestic work or restaurant help. We've welcomed them with open arms."

Mr. England said the resolution won't help unless it includes suggestions for settling the debates over controlling the borders and how to handle the illegal immigrants already here.

"I wouldn't send a resolution to them unless I had an answer, and I don't have an answer," he said.

Sen. Kay Bailey Hutchison said she appreciates the position city leaders find themselves in.

"Elected officials must answer to their constituents," she said Friday in a written statement. "I understand their frustration about the lack of action at the federal level on the immigration issue. I am continuing to encourage Congress and the administration to meet their responsibility and enact legislation that secures our borders."


Low resident response

And while the issue drew hundreds of supporters and opponents to Farmers Branch last week, representatives of several area cities, including Grand Prairie, Carrollton, Irving, and Arlington, said they've had just a handful of residents ask them to adopt local ordinances like those suggested in Farmers Branch.

"We've had some e-mails, but not a lot," Carrollton Mayor Becky Miller said. "Yes, there's an issue, and we can't deny it. ... But it needs to be taken care of at the federal level, and the federal government needs to hurry up and do something about it. It's just not a city issue. There's no way we could even go in and enforce the things Farmers Branch is talking about. We don't have the manpower."

Arlington Mayor Robert Cluck said council members have had a handful of residents pressuring them over the past couple of years to do something about illegal immigration.

"There are people in the community that think we need to be significantly harder on illegals," Dr. Cluck said. "I don't disagree with that. They do use our health facilities and take jobs. ... There is concern about that, and I think there is a need that will be met soon in Congress."

E-mail ssandoval@dallasnews.com