Thread: Two commissioners want services to illegal immigrants cut

Ready for a fight
Two commissioners want services to illegal immigrants cut

Originally published September 05, 2007

By Meg Bernhardt
News-Post Staff

Two Frederick County commissioners are willing to take their desire to deny services to illegal immigrants to the Supreme Court.

Commissioner Charles Jenkins proposed a law last month to deny illegal immigrants access to county-funded programs, including education and social services.

Other commissioners and the county attorney have raised concerns that the proposal could be challenged because immigration enforcement is primarily the federal government's responsibility.

Despite those concerns, Jenkins said Tuesday he'd rather pass his proposal and risk challenges than do nothing. If it is challenged, he is prepared to fight and hopefully change the legal precedent, he said.

"We're being steamrolled here and the taxpayers cannot continue to keep paying for it," Jenkins said.

Commissioner John L. Thompson Jr. also said he'd be willing to take the proposal to the Supreme Court. He suggested a few ways the law, including the Maryland and U.S. constitutions, should be changed to give local governments clear authority to deny services to those in the country illegally.

Thompson said he is not racist or targeting one ethnicity, just the legal status.

"Over the long run, it will be very difficult for our society to maintain both an open border policy with regard to immigration and the modern welfare state," Thompson said. "One or both of those policies will necessarily have to be curtailed."

Jenkins' proposal is one of 14 the commissioners are considering for their 2008 legislative package for the Maryland General Assembly. The commissioners create a list of laws every year, and the state delegation decides whether to bring them forward. The proposals will go to public hearing in October.

Under the commissioner form of government, the county must seek approval from the legislature for some laws instead of passing them on their own.

Tuesday, Commissioners President Jan Gardner warned about the legal limitations of the proposal and said she believes there is a "zero percent chance" the state legislature will pass Jenkins' proposal. She said her priority is legislation about solid waste.

Several nearby jurisdictions are looking into ways to limit services to noncitizens but have encountered legal barriers. Prince William County in Virginia enacted a law that requires the immigration status of those seeking services such as education, pools and libraries to be checked. Officers also check status in routine traffic stops and are working with U.S. Immigration and Customs Enforcement.

Loudoun County in Virginia is considering crafting legislation with the help of immigration experts.

Jenkins' proposal would affect education most significantly because it's the biggest service provided to illegal immigrants, he said. He faces a major hurdle, however, because federal courts have ruled local governments cannot deny a public education on the basis of citizenship.

Some federal initiatives such as cash assistance and medical programs already require proof of citizenship. Other federal laws require services to be provided to everyone, regardless of citizenship status. Jenkins' proposal would not apply to emergency medical care.

One major cost of educating illegal immigrants could be the county's English as a second language program, which has 840 Spanish-speaking students enrolled, Jenkins said. He wants to know if any of them are here illegally, but the county is not permitted to ask.

That number of students is enough to fill a $40 million middle school, he said.

Though he's not sure how many of those students are here illegally, or how much the county could save by cutting services to illegal immigrants, Jenkins believes the savings likely are more than the cost of potential legal challenges.

The cost of defending a lawsuit that goes to the Supreme Court can range from zero to more than $1 million, said Mark Graber, a professor of law and government at the University of Maryland School of Law.

It would cost nothing if a legal group committed to denying benefits to illegal immigrants stepped forward and offered to defend the case for free, Graber said. Abortion clinics have obtained free legal counsel in this way.

If the county was to foot the bill itself, a top Supreme Court lawyer may charge as much as $800 per hour, Graber said.

"One has to wonder whether, at the end of the day, they would be better just opening a free school for children of illegal immigrants and not paying for the lawsuit," he said.

Another option for the county is to wait for another county to take the lead and join its defense of a similar law. Graber said these types of laws are being passed by local governments across the country, so a similar challenge likely will come along.

Jenkins said he wants to test the law and thinks Frederick County should be proactive since it has the eighth-fastest growing Hispanic population in the country, according a USA Today report.

"As this gets ratcheted up -- as we know that it will -- perhaps the Supreme Court will do what Congress should be doing," Jenkins said.

http://www.fredericknewspost.com/sectio ... ryID=64641

Majority: Programs not for noncitizens
Originally published September 12, 2007


By Jessica Frizen
News-Post Staff



Commissioner Charles Jenkins proposed a law last month that would deny Frederick County-funded programs, including education and social services, to illegal immigrants.
"We're being steamrolled here, and the taxpayers cannot continue to keep paying for it," he said.

The proposal likely will be challenged, because federal courts have ruled local governments cannot deny public education on the basis of citizenship.

One major cost of educating illegal immigrants could be the county's English as a Second Language program, which has 840 Spanish-speaking students, Jenkins said. He wants to see these students' citizenship status, but county officials are not permitted to ask.

The proposed law does not apply to emergency medical care, but some federal initiatives already require proof of citizenship for services. Other federal laws require services to be provided to everyone, regardless of citizenship status.

Jenkins said he's willing to take the proposal to the Supreme Court, since Frederick County has the eighth-fastest growing Hispanic population in the country, according a USA Today report.

Commissioner John L. Thompson Jr. also supports the law, and recently said that the Maryland and U.S. constitutions should be changed to give local governments clear authority on the issue.

Meanwhile, the New Haven, Conn., government recently distributed the first city-issued ID cards to bring illegal immigrants "out of the shadows," according to The Associated Press.

The cards are meant to help anyone without a state- or federal-issued ID open bank accounts and use other services that would otherwise be inaccessible.

Last week, The News-Post asked readers:

Is it right to deny undocumented immigrants access to county-funded programs, including education and social services?

Out of 264 votes, 84 percent said it's OK to deny illegal immigrants access to those programs; 14 percent voted against it. Two percent of voters were not sure.

This poll is not scientific and reflects only the opinions of Internet users who choose to participate.

"By denying access to taxpayer paid services forces the illegals to have another reason to go back to their own country," wrote 12-year Frederick County resident Ken Grissom. "We are not obligated to pay their way. Also agree enforcement should apply to employers and others who provide housing, etc. for illegals. Americans can provide all the labor required to run our country!"

Greg Lease also commented on the issue.

"Calling illegal aliens 'undocumented immigrants' is like calling a drug dealer an 'unlicensed pharmacist,'" he wrote.

http://www.fredericknewspost.com/sectio ... ryID=64940

Out of 264 votes, 84 percent said it's OK to deny illegal immigrants access to those programs; 14 percent voted against it. Two percent of voters were not sure.

Could it be that an epidemic of sanity is breaking out in Maryland? Hopefully that two percent of voters who were not sure will be able to hook up with someone who can read.

Originally Posted by Nouveauxpoor

Out of 264 votes, 84 percent said it's OK to deny illegal immigrants access to those programs; 14 percent voted against it. Two percent of voters were not sure.

Could it be that an epidemic of sanity is breaking out in Maryland? Hopefully that two percent of voters who were not sure will be able to hook up with someone who can read.

Nouveauxpoor, sanity concerning illegal aliens is breaking out nearly everywhere but in our government.

Maybe they could get other counties to share the cost with the thought if they win the other counties can use the decision themselves.

I hope they go forward with this and win !

Judicial Watch might help them but I think they are overwhelmed with immigration cases.

Originally Posted by USPatriot

Maybe they could get other counties to share the cost with the thought if they win the other counties can use the decision themselves.

I hope they go forward with this and win !

Judicial Watch might help them but I think they are overwhelmed with immigration cases.

This is a great idea. The other counties don't even have to join the law suit. They can file an amicus brief that supports the legal theory advanced by the plaintiffs. It would be fairly inexpensive and they would all still benefit by a favorable ruling.