http://www.dailybulletin.com/news/ci_3799652

Measure would punish for use of vehicles to pick up day laborers

By Stephen Wall, Staff Writer
Inland Valley Daily Bulletin

SAN BERNARDINO -- Use your vehicle to solicit a prostitute or buy illegal drugs, and city police can confiscate it for 30 days.
Pick up a day laborer in front of a home-improvement store and the same thing could happen if a proposed ballot measure becomes law.

The far-reaching proposal San Bernardino resident Joseph Turner would make it illegal for people to use their vehicles to hire day laborers. The initiative, which qualified for the city ballot last week, also would bar tax-funded day labor centers in the city and cut off other services to illegal immigrants.

The local effort to crack down on illegal immigration comes on the heels of massive nationwide protests last week in which Latinos boycotted schools, work and stores in an attempt to demonstrate their importance to the economy.

The city debate also comes as the U.S. Senate prepares to take up immigration-reform proposals, including enhancing border security and allowing millions of illegal immigrants to become legal residents and eventually citizens.

Turner, who founded the anti-illegal immigrant group Save Our State in 2004, said he doesn't just want to remove illegal immigrants from San Bernardino.

He wants to go after the contractors and homeowners who give them jobs.

"My personal philosophy isn't just to concentrate on the illegal alien himself," said Turner, who founded a group, SaveSanBernardino.com, to promote the new initiative.

"The problem goes to the employers of illegal aliens and our government that does nothing to stem the flow of illegal aliens across the border," Turner said. "One of the goals of the initiative is to crack down on the people who employ illegal aliens."

Opinions on Turner's proposal were mixed during interviews Monday morning in the Home Depot parking lot on 21st Street.

Some contractors applauded the provision allowing police to confiscate vehicles of people who hire day laborers.

"I don't think there's anything wrong with it at all," said Jim Finley, a 47-year-old insulation contractor who was loading supplies into his truck. "They have to start somewhere. You have to go after the people who are hiring them."

Finley, a longtime San Bernardino resident, said he would vote for the initiative if it appeared on the ballot. He said his wife, who is of Mexican descent, also supports the measure.

"It's gotten out of hand," Finley said of illegal immigration. "It has nothing to do with racism."

Joe Lomeli, who was buying lumber, said he would think twice about hiring day laborers if he knew his truck might be impounded.

"If you break the law, you have to pay the consequences," said Lomeli, 33, of San Bernardino.

Still, Lomeli said he doesn't agree with all aspects of the measure.

"San Bernardino is one of the worst places to live as far as crime," said Lomeli, who was brought to the United States illegally his parents when he was 1 and is waiting for his citizenship application to be approved. "If you don't give (day laborers) options, they're going to turn to drugs and other crimes." Besides allowing police to seize vehicles of those who hire day laborers, the measure would:

Ban the use of tax dollars to set up day-labor centers for illegal immigrants.

Impose fines of at least $1,000 against anyone operating a day-labor center without the right permit. Centers would be required to verify that day laborers are legally allowed to work in the United States.

Impose $1,000 fines on landlords who rent to illegal immigrants.

Require city business to be conducted in English, except when federal, state and county law mandates otherwise.

Force the city to deny business permits to companies that employ illegal immigrants.

Turner said he patterned the provision on vehicle seizure after the city's municipal code, which allows police to confiscate vehicles of people who use them to obtain illegal drugs or solicit acts of prostitution. Motorists can get back their vehicles in 30 days after paying impound and storage fees, which add up to about $1,000, officials said.

Turner said his measure doesn't prohibit day laborers from looking for work.

But it requires them to be picked up either in front of their homes or at an authorized day-labor center or other legal business.

City Attorney James F. Penman said the measure might conflict with state and federal law.

But he declined to elaborate on specific aspects of the proposal, including the vehicle-impoundment provision.

He said his office might be required to defend the initiative if it becomes law and a lawsuit is filed to overturn it.

Lawyers with the Mexican-American Legal Defense and Educational Fund have promised to sue to get the measure thrown out if it is approved.

The American Civil Liberties Union also is studying whether the initiative is constitutional.

"I believe the initiative is very, very sound," Turner said.

The San Bernardino City Council is expected to decide Monday whether to adopt the measure as is or place it before the voters.