Posted on Thu, Nov. 01, 2007
Tougher provisions urged in dissent
1 MEMBER SAYS MAYOR'S MANDATE NOT FULFILLED
By Steve Lannen

One member of Lexington's mayoral commission on immigration is sharing her version of the group's work early.

Wendy DeVier, who disagreed with nearly all the commission's recommendations, has issued a "dissenting opinion" expected to be appended to the commission's final report to be released Tuesday.

The 16-page opinion is co-written and edited by David Duncan, an activist who has watched the commission's work and sends daily e-mails to a number of people regarding immigration policy. Duncan and DeVier say the commission "failed the mandate" given by Mayor Jim Newberry and make 27 counter-recommendations, including that Lexington should enforce federal immigration laws, establish an English-only policy for city business and require proof of legal status or citizenship for people to receive some social services.

The actual report is expected Tuesday afternoon when Newberry meets with commission members. Among the recommendations voted on by the commission Oct. 22: The city should issue identification cards to immigrants who are in Lexington and the United States without authorization; the city should explore the creation of an international affairs office; the city should not seek training to enforce federal immigration law at a local level; and the city should enforce labor laws.

Also expected to be appended to the report is a memo from Fayette Commonwealth's Attorney Ray Larson and several pages from Brian Rich, a Transylvania University professor. Both are commission members.

Along with multiple meetings where experts and officials were invited to speak, the commission held two public forums that lasted several hours each as residents shared their thoughts.

DeVier's report suggests that other commissioners were interested only in the "demands of less than 5 percent" of Lexington residents and says the committee failed to meet with a member of U.S. Immigration and Customs Enforcement to discuss the federal 287(g) law enforcement training program.

In an interview, she also said the group did not hear anyone from the horse industry speak.

"It was a very stacked commission," DeVier said. Other commissioners include attorneys, a retired federal judge, a sociology professor and executive director of the Lexington-Fayette Human Rights Commission.

Commission members, including DeVier, were selected by Newberry and asked to study immigration to determine what the city could or could not do regarding immigration policy.

Commission Chairman Glen Krebs declined yesterday to comment on Devier's statements or on the report itself until it is delivered to the mayor.

Rich also declined to discuss DeVier's opinion or any other part of the report, saying it was not fair or respectful to discuss it when Newberry hasn't even been presented with the report.

Aaron Hutson, Kentucky Coalition for Immigrant and Refugee Rights, said the commission's work should speak for itself when it is presented. "They are experts," he said.

Turning to DeVier's portion of the report, he said some recommendations could contradict federal law if they deny rights or services to people.

"If these things are going to be implemented, they will result in costly litigation for Lexington," he said.

Federal law guarantees emergency medicine and public education, but does prohibit undocumented immigrants from accessing several public benefit programs.

DeVier's report notes that "dozens" of Lexington residents contributed to her paper "who hold a rising sentiment that unbridled illegal immigration ... threatens the American way of life." Contributions to the report were also made by those in other states and national immigration policy organizations.

Her report also cites several statistics including population numbers, crimes committed by immigrants, and percentages of federal entitlements such as Medicaid or welfare used by non-U.S. citizens, but does not offer many citations to indicate precisely where the information came from. Duncan said he stands by the research and has documentation to back it up.

Some statements in Devier's report are in question.

But Shelby County Jailer Bobby Waits said his jail has never received a dime in reimbursement from the federal government.

"They're not paying me a thing," said Waits, president of the Kentucky Jailers Association.

Waits said he's asked for reimbursement from federal officials several times but has never gotten a response.

The report, however, says several other police officers, including incoming Chief Ronnie Bastin, expressed interest in a 287(g) partnership with federal authorities. Yesterday, Bastin said he agrees with Beatty's policy and the ultimate decision lies with Newberry.

Devier's report also claims several Hispanic criminal gangs operate in Lexington, including the Mara Salvatrucha, or MS-13, which has a brutal reputation. There are gangs, Beatty said, but there is no police intelligence to indicate MS-13 operates in Lexington.

DeVier's report also says Newberry "affirmed his commitment to 'work closely with federal authorities' on illegal alien issues." Yesterday, through spokeswoman Susan Straub, Newberry said has he never said that.

http://www.kentucky.com/211/story/218243.html