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Judge Strikes Down Anti-Immigration Ordinance

by B. Jay Johnson

It's estimated that as many as 6,000 illegal aliens currently live in Bradley County. That leaves little doubt that these individuals are renting apartments and homes in the area.

Those who want stricter immigration laws enforced say renting to illegal immigrants only perpetuates a problem that is already out of control.

Right now, there are no laws on the books in Bradley County, or Tennessee for that matter, that prevent a landlord from renting to illegal aliens. However, any landlord who is doing so most likely is keeping a close watch on two hotly-contested immigration debates - one in Texas, the other in Pennsylvania.

Two weeks ago, a federal judge delivered a setback to advocates of tougher immigration laws. U.S. District Judge James M. Munley struck down an ordinance against illegal immigration in Hazelton, Pennsylvania. The ordinance in Hazelton has been copied by other cities around the country, including Farmers Branch, Texas - a suburb north of Dallas.

Both cities are trying to make it more difficult for illegal immigrants to move into town. Both adopted ordinances requiring apartment managers to make sure renters are U.S. citizens or legal immigrants before leasing to them, with very few exceptions.

Voters in Farmers Branch, Texas approved the ordinance by a 2-1 margin back in May. It was the nation's first public vote on a local government's action to combat illegal immigration.

"It's going to make our school system better, it's going to lead to retail and commercial redevelopment and it's going to lead to neighborhood revitalization," said Farmers Branch City Councilman Tim O'Hare. O'Hare has been the driving force behind the city's efforts to crack down on illegal immigration.

O'Hare said he was not surprised by the judge's ruling striking down the legality of the Hazelton ordinance.

"I think the city of Hazelton has planned on this happening from the get go, with the idea in mind that they will appeal to the Supreme Court if they have to," he said. "I think Farmers Branch is looking at it the exact same way."

Hazelton's Illegal Immigration Relief Act sought to impose fines on landlords who rent to illegal immigrants and deny business permits to companies that give them jobs.

In a lengthy opinion striking down the Hazelton ordinance, the judge in the case has given the whole country a refresher course on the constitution.

"We cannot say clearly enough that persons who enter this country without legal authorization are not stripped immediately of all of their rights," Judge Munley wrote. "Congress has provided complete and thorough regulations with regard to the employment of unauthorized aliens, including anti-immigration discrimination purposes."

Judge Mulney wrote in his ruling: "Even if federal law did not conflict with Hazelton's measures, the city could not enact an ordinance that violates rights the Constitution guarantees to every person in the United States, whether legal resident or not. The genius of our Constitution is that it provides rights to even those who evoke the least sympathy from the general public."

The dramas playing out in Hazelton and Farmers Branch are also taking place in more than 100 communities around the nation as local governments attempt immigration policy in the face of what they term the failure of the federal government to fix a broke immigration system.

Both sides in Hazelton said they were prepared to take the issue to higher courts.

"In the short term, this may have a chilling effect, but in the long term, it may be settled by the U.S. Supreme Court," said Ira Mehlman, a spokesman for the Federations for American Immigration Reform. The organization has helped cities craft crackdowns against illegal immigrants.

Peter J. Spiro, a law professor at Temple University in Philadelphia, told the Philadelphia Inquirer the decision was a "knockout for the plaintiffs."

Even so, Dr. Spiro said it would not surprise him if an appeals court modified or reversed the ruling.

"A lot of this is uncharted territory," he said. "In the context of failed immigration reform, an appeals court might be more amenable to upholding this sort of local law than the district court was."

The American Civil Liberties Union is one of the groups challenging the Hazelton ordinance. Its executive director said such laws are unconstitutional.

"Such efforts are bad public policy, and they are divisive in local communities," said Anothony Romero. "They promote discrimination."

Illegal immigration is likely to be a hot-button issue in the 2008 presidential campaign, especially in states close to the Mexican border.

Former Tennessee Senator Fred Thompson, a potential Republican presidential candidate, issued an e-mail saying local governments should enact their own policies instead of waiting for action from the federal government.

"It shouldn't come as a surprise that the governments closest to the people - municipal and state - are looking to take action. This is an entirely proper role for these governments," Thompson wrote. "No doubt, this ruling will be appealed. And it should be."

With Congress unable to pass sweeping legislation, more than 90 cities or counties around the country have proposed, passed or rejected laws prohibiting landlords from leasing to illegal immigrants, penalizing businesses that employ undocumented workers or training police to enforce immigration laws.

As the Bradley News has previously reported, Davidson County, Tennessee is already taking action at the local level with its implementation of the 287 (g) program. 287 (g) provides training to local law enforcement agencies on how to detect, detain and help in the deportation process of illegal aliens. The sheriff of Davidson County has said the program is working.

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http://www.bradleyweekly.com/news.cfm?id=5394

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