Thread: Valley Park immigration ordinance put on hold

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Valley Park immigration ordinance put on hold
By Stephen Deere
ST. LOUIS POST-DISPATCH
09/25/2006

A judge has temporarily prohibited Valley Park from enforcing its illegal-immigration ordinance, saying that the law appeared to have significant problems.

"There are just some . . . big holes in this ordinance," St. Louis County Circuit Judge Barbara Wallace said Monday in issuing a temporary restraining order.

Attorneys from 11 legal organizations representing three landlords and a fair housing agency sued the city Friday. The suit alleges that the city's ordinance, which targets businesses and landlords that hire and rent to illegal immigrants, causes racial profiling, hurts businesses and promotes housing discrimination.

No one has been charged under the ordinance, but three landlords have said they have been put on notice for allegedly renting to illegals. Advertisement

Kathy Wisniewski of the Bryan Cave LLP law firm asked the judge for the temporary restraining order, arguing the ordinance could not pass legal muster. Its wording was too vague, and only Congress has the power to regulate immigration, she said.

A legal team of 18 attorneys representing the landlords and the Metropolitan St. Louis Equal Housing Opportunity Council Inc. attended Monday's hearing. The lawyers were from the American Civil Liberties Union, the Catholic Legal Assistance Ministry, the Mexican American Legal Defense and Educational Fund, and other organizations.

Valley Park is one of a handful of small cities across the country that have approved such ordinances based on claims that illegal immigration leads to higher crime rates, overcrowded classrooms and deteriorating neighborhoods. The law fines landlords $500 for renting to illegal immigrants and imposes penalties on businesses that hire them.

Two other communities that have passed the ordinances, Hazleton, Pa., and Riverside, N.J., have also been sued. The ordinances are believed to stem from local officials' frustration over the federal government's inaction on immigration reform.

Earlier this year, the St. Charles County Council considered a law that would have stopped companies aiding illegal immigrants from getting a county business license, contract or permit for five years. County Councilmen Joe Brazil said the measure was part of a national movement "to have local officials take action because federal and state officials aren't doing their jobs."

Valley Park City Attorney Eric Martin told the judge that employers and landlords in the city should not be allowed to flout immigration rules, even if they are federally regulated.

Also, Martin said, he just received the lawsuit Friday afternoon and hadn't had enough time to respond to the attorneys' request for a temporary restraining order.

He acknowledged the ordinance wasn't flawless, but said the problems could be corrected.

"I would contemplate some changes to this ordinance by the City Council," he said.

Another hearing on the lawsuit is set for Nov. 1.

sdeere@post-dispatch.com 314-340-8116

http://www.belleville.com/mld/bellevill ... 606969.htm

Posted on Mon, Sep. 25, 2006

Valley Park immigration law subject of restraining order


Associated Press

CLAYTON, Mo. - St. Louis County Circuit Judge Barbara Wallace imposed a temporary restraining order Monday that will bar the town of Valley Park from enforcing a law meant to curb illegal immigration.

The St. Louis-area community passed the law in July, making it illegal for landlords to rent houses to illegal immigrants. Dozens of Hispanics have moved out of the city since the law passed, according to residents and Hispanic advocacy groups.

Wallace set a hearing date of Nov. 1 to determine if the restraining order will become a more permanent injunction.

The case in Valley Park has gained national attention as the U.S. as Congress struggles to fashion a comprehensive overhaul of immigration laws.

A similar law passed in Hazelton, Pa., to restrict illegal immigration also is under legal challenge.

A group of Valley Park landlords sued the city, claiming the law is unconstitutional. Their attorney, Kathy Wisniewski, told Wallace a temporary restraining order needed to go into effect immediately to protect landlords who are losing business because of the new law.

"There are people whose lives and livelihoods have been affected by this measure," Wisniewski said.

Valley Park City Attorney Eric Martin argued that the city had not prosecuted anyone under the law since it was passed. He said City Council members were considering amendments to the measure that might satisfy some of the landlords' complaints about it.

Wallace said she was concerned with some wording in the law, specifically with the fact that it does not define the term "illegal immigrant."

"There are kind of some big holes in this ordinance," Wallace said.

The Archdiocese of St. Louis has helped relocate 21 Hispanic families that left Valley Park after the ordinance passed, said Hector Molina, director of the Archdiocese's Hispanic Ministry.

Molina said the ordinance has increased discrimination in Valley Park because the law does not lay out specific descriptions of an illegal immigrant.

"That's led police to simply approach people of color because they assume that those people are illegal immigrants," he said.

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Judge Issues Temporary Restraining Order Against Valley Park Immigration Law
created: 9/25/2006 8:57:49 AM

By Deanne Lane

(KSDK) - It was a victory on Monday for some residents and business owners in Valley Park.

Since June, dozens of families in Valley Park have been fleeing the small town, afraid of being arrested and even deported.

That's when Valley Park began enforcing a new ordinance penalizing anyone who knowingly employs or rents or leases home to illegal immigrants.

It could also lead to big fines for business owners. On Monday, a judge issued a temporary restraining order banning Valley Park from enforcing the law.

"It's great to see the judge took our argument and (is) supporting the position. This way we are protecting the residents and businesses in Valley Park," says Linda Martinez, an attorney for the plaintiffs. A group of business owners, residents and a fair housing agency filed suit challenging the ordinance.

Opponents of the measure say many residents and business owners have been living in fear for too long

"It's hard to turn the clock back. but the message sent today (is) the City of Valley Park doesn't have the right to enforce immigration laws," says opponent Ricardo Meza.

Valley Park has argued it is being proactive and has gotten a favorable response overall. Those arguing against the law say the village is overstepping its bounds.

"It's the federal government that's responsible for making sure immigration is addressed and not an individual city. You can't have a misguided city addressing something that needs to be addressed on a federal basis.

"I can understand they're frustrated, but this is a misguided attempt at something that needs to be done nationally," says Martinez.

The next step: both sides will return to court for another hearing on the controversial law.


http://publicbroadcasting.net/kwmu/news ... ectionID=1

Judge keeps Valley Park from enforcing new immigration law
AP/KWMU

CLAYTON, MO (2006-09-26) The St. Louis suburb of Valley Park will not be allowed to implement or enforce a new immigration law, for the time being. On Monday, a judge in St. Louis County imposed a temporary restraining order.

The ordinance, among other things, makes it a crime for landlords to rent property to illegal immigrants. There will be a hearing on the matter on November 1, where Judge Barbara Wallace will decide whether to make the injunction permanent.

Dozens of Hispanics have moved out of the city since the law passed in July in St. louis-area town, according to residents and Hispanic advocacy groups.

The case in Valley Park has gained national attention as the U.S. Congress struggles to fashion a comprehensive overhaul of immigration laws. A similar law passed in Hazelton, Penn. restricts illegal immigration; it also is under legal challenge.

A group of Valley Park landlords sued the city, claiming the law is unconstitutional. Their attorney, Kathy Wisniewski, told Wallace a temporary restraining order needed to go into effect immediately to protect landlords who are losing business because of the new law.

"There are people whose lives and livelihoods have been affected by this measure," Wisniewski said.

Valley Park City Attorney Eric Martin argued that the city had not prosecuted anyone under the law since it was passed. He said City Council members were considering amendments to the measure that might satisfy some of the landlords' complaints about it.

Wallace said she was concerned with some wording in the law, specifically with the fact that it does not define the term "illegal immigrant."

"There are kind of some big holes in this ordinance," Wallace said.

The Archdiocese of St. Louis has helped relocate 21 Hispanic families that left Valley Park after the ordinance passed, said Hector Molina, director of the Archdiocese's Hispanic Ministry. Molina said the ordinance has increased discrimination in Valley Park because the law does not lay out specific descriptions of an illegal immigrant.

"That's led police to simply approach people of color because they assume that those people are illegal immigrants," he said.