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Forty Fort rejects illegal immigration ordinance





BY MARGARET MATRAY
STAFF WRITER
08/15/2006





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FORTY FORT — Borough Council voted down a proposed illegal immigration ordinance, eliciting applause from several community members who spoke against the proposal Monday.



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Councilman Dave Williams, who introduced the proposed ordinance, was the only member of the nine-member panel to vote in its favor.

Williams said after the meeting he plans on presenting the ordinance again, although he is not likely to do so until after September. Council needs to re-examine the enforceability of the ordinance, but Williams said he isn’t sure if changes would be made before the proposal is reintroduced.

The proposed ordinance mirrored Hazleton’s Illegal Immigration Relief Act, which became the first legislation of its kind to pass in the nation when it was enacted in July. Forty Fort’s proposal would have banned landlords from renting to illegal immigrants and prevented businesses from hiring them. It would also have made English the official borough language, requiring all forms, documents, signs and other communications be printed in English only.

Council members said Monday they hadn’t noticed a rising illegal immigrant population in Forty Fort. The borough of about 5,000 reported a 98.5 percent white, 98.3 percent U.S.-born population in the 2000 U.S. Census.

“I still want to proceed ahead,” Williams said. “I want to take action before it becomes a problem.”

Council members said they supported the basic message of the proposed ordinance, but didn’t think the borough could afford to defend the ordinance in potential legal suits.

“The risk the ordinance poses to the budget is not in the best interest of Forty Fort,” Councilman Robert Craig said.

Last week, the New York City-based Puerto Rican Legal Defense and Education Fund said the organization, along with the American Civil Liberties Union and local attorneys, would soon challenge Hazleton’s law in court. Hazleton could face legal criticism for possibly violating federal civil rights legislation or pre-empting federal immigration laws.

Before approving their law, Hazleton officials did not conduct a study to establish how much it would cost to defend the ordinance. City council in San Bernardino, Calif., analyzed an ordinance identical to Hazleton’s several months ago and determined it would cost at least $750,000 to defend in federal court.

On Monday, Councilman James McCabe said Forty Fort, with an annual operating budget of a little more than $1 million, could not afford a suit. Last year, borough officials considered disbanding the police force, citing financial strain. Williams said after the meeting he recognized the borough budget is “sincerely strapped.”

Councilman Andy Tuzinski said he didn’t think the ordinance was enforceable, and said illegal immigration could be taken care of through stronger code enforcement. Council President Joseph Chacke said there are “more important issues in Forty Fort at this time.”

The proposed ordinance drew mixed opinion from a crowd of about 25 residents at the meeting.

Gina Zanolini Morrison, who was born and reared in Hazleton, said the ordinance is flawed because it makes the borough seem unwelcoming.

“I am very much upset about the anti-diversity message it’s sending,” Morrison said. “I’m not supporting illegal immigration, but it sends a message we don’t want. It’ll only give people a chance to question people of color.”

Still, others told Williams they wanted to help him push the ordinance through.

“I admire his courage,” resident James Angley said. “I fully support you. … If they aren’t here legally, we don’t want them.”

Since Hazleton passed its legislation, five additional communities in Luzerne County, including Forty Fort, have broached the issue. Officials in Hazle Township and West Hazleton adopted similar laws; Courtdale Borough Council and the Plains Township Board of Commissioners have said they are crafting ordinances of their own.

Several municipalities in Carbon, Monroe, Northumberland and Schuylkill counties also have reported they are examining illegal immigration ordinances.

mmatray@citizensvoice.com