Thread: Huntsville hits stumbling block - the federal government.

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Illegal worker plan runs afoul of law
The Huntsville Times ^ | Friday, July 28, 2006 | JOHN PECK


Posted on 07/28/2006 7:59:21 AM PDT by Condor 63


A city councilman's proposal to crack down on illegal immigrants has apparently hit a stumbling block - the federal government.

City Attorney Peter Joffrion told the council Thursday night that the proposed Illegal Immigration Relief Ordinance runs afoul of federal law. Joffrion gave that assessment before a council chamber packed with supporters and opponents of Glenn Watson's proposal.

Watson formally introduced his ordinance anyway with a vow to study the issue thoroughly, hold plenty of public hearings and amend the measure as necessary. He said he's not bothered at this point that the city attorney has waved a legal flag at what he's trying to do.

"I'm not saying Peter is wrong. I'm saying there are attorneys that would disagree with him," Watson said after the meeting.

Watson said the city should continue to look for a legal way to regulate illegal or undocumented citizens in much the same way a patient should seek a second opinion on a major medical condition.

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Dozens of speakers voiced their opinions about the measure. Supporters argued the strain on public services and problems such as drugs, gangs and accidents involving illegal immigrants.

"Doing the right thing is hard. But not doing the right thing is hazardous," said Brian LeCompte.

'Robbing us blind'

Another man was more abrupt: "They're sponging off us and robbing us blind."

A couple of speakers mentioned the fatal shooting last year of Huntsville police officer Daniel Golden by an illegal immigrant, and a multiple-fatality wreck on Research Park Boulevard at Plummer Road caused by an uninsured, illegal immigrant.

Opponents of Watson's ordinance preached for better tolerance and said most immigrants here are honest, hard-working people.

"Who's plucking the chickens and doing the dirty work?" asked one.

'Love thy neighbor'

The Rev. Kerry Holder, invoking the "Love thy neighbor as thyself" doctrine, reminded the audience of America's founding as a country offering new beginnings. The Rev. Frank Broyles called for in-depth studies of the economic impact of the proposal and the demographics of Huntsville.

In other business Thursday night, Mayor Loretta Spencer introduced the city's fourth special tax district, called Tax Increment Financing, for a public hearing on Aug. 17. The measure would pay for nearly $36 million of improvements, including $10 million for a new Lee High School; $2 million each for the Huntsville Art Museum expansion and renovations to the Madison County Courthouse; $4 million for renovations to the Von Braun Center; $3 million for repairs and renovations to Butler High School; and $1 million for the Councill School renovation project.

Also Thursday, the council:

Heard a report from Huntsville Utilities that the city's water system won top honors Thursday among seven states competing for a water quality award from the Environmental Protection Agency.

Approved a measure certifying District 3 Councilwoman Sandra Moon for another four-year term. She has no opposition in next month's municipal elections. "I feel like it's Christmas in July," she told colleagues.



Watson drafted an ordinance that would fine landlords who rent to illegal immigrants and strip the city license of businesses that employ them. The measure would also declare English as Huntsville's official language.

Joffrion said federal laws make it difficult for state and local governments to attempt to control illegal immigrants. "The strongest legal argument is federal pre-emption," Joffrion told the council. But there's also fair housing and perhaps First Amendment issues. "The ordinance, as it stands now, could not survive a legal challenge."

This ordinance is not as harsh as Hazelton, PA! Why can't it pass? Several other cities have passed them....I think this could go through with enough feedback to city council and support from public. These lawyers are just trying to scare everyone. Councilman Mark Russell is against this ordinance....I received an email back from him...he thinks it is violating fair housing act and "unconstitutional".

Do illegal aliens really have rights according to our constitution? I thought the constitution was for the citizens of the United States.

What is the value of citizenship and the rights of............if non-citizens have all the same rights???? That's what citizenship is...joining the club....you don't get club benefits if you are NOT a member!