Thread: Vista enters immigration fray

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Last modified Thursday, July 27, 2006 11:44 PM PDT

Vista enters immigration fray

By: The Californian -

VISTA ---- Saying they want to deter unscrupulous employers from taking advantage of day laborers, the Vista City Council last month approved an ordinance that would make it illegal for people to hire the laborers without previously registering with the city and issuing written terms of employment to the people they hire.

The ordinance, which is being challenged in court, is set to take effect today. Violations would be misdemeanors punishable by up to six months in jail or a fine of $1,000.

As of Thursday morning, city officials said, four people had registered to hire laborers.


Last month's move by the Vista council comes at a time when furor over illegal immigration has been building throughout the nation. Authorities estimate that more than 11 million people are in the country illegally.

Before the June 27 vote, supporters of day laborers demonstrated outside Vista's city's offices, and some residents cautioned the council that it was entering rough waters.

"You're putting Vista in the eye of the storm," resident Dick Eiden told council members. "A big national storm."

Council members were also aware that their decision could land the city in court.

"We may get sued, but people sue over anything nowadays," Vista Councilwoman Judy Ritter said two days after the vote.

As Vista enters the frenzy that surrounds the subject, it is not alone. Frustration over the lack of action on the federal level has prompted counties and cities throughout the country to tackle the problem at the local level.

Some laws crack down on the employers who hire illegal immigrants. In Palm Bay, Fla., an ordinance is being considered that would allow officials to punish employers of illegal immigrants with either a civil fine or a criminal misdemeanor charge.

Others target the illegal immigrants themselves. In Colorado, as many as 50,000 illegal immigrants could be removed from programs such as Medicare, Medicaid and unemployment insurance, officials there have said.

Vista's move is the first concrete legislative step taken by a municipality in the area. Others have grappled with whether to enact similar moves.

Escondido is considering a proposal to prohibit landlords from renting to illegal immigrants. And last year, the Temecula City Council wrestled with how to handle a large number of day laborers that congregate along Butterfield Stage Road.

Although not all day laborers are in the country illegally, many contend the hiring sites are a hotbed for those who are.

The Temecula council decided not to enter the murky legal waters of restricting people from hiring people alongside city roads, instead opting for the more defendable move to prohibit vehicles from stopping along Butterfield Stage.

As California cities and counties have pondered taking action to thwart what many see as a conducive environment for illegal immigration throughout the state, some have alleged that the moves are essentially a form of racism.

Such was the case before the Vista council approved its ordinance. The city's attorney, Darold Pieper, denied that accusation, however, saying the "whole thrust" of the ordinance was to protect the workers. "It's not designed to keep day laborers off corners," he said last month.

Critics, however, don't believe his explanation, and they contend the law will, in all likelihood, discourage curbside hiring.

Others, such as the American Civil Liberties Union, assert the new law is unconstitutional.

In a lawsuit filed about three weeks after the ordinance was approved, the ACLU of San Diego and Imperial Counties, as well as the California Rural Legal Assistance Inc. of Oceanside, allege that the new law restrains free speech and is discriminatory.

The two groups represent a female Vista resident and two male laborers who are Mexican nationals and legal permanent residents of the United States and have worked in Vista.

"We do think there's a strong case to be made that this is motivated by illegal discrimination," said David Blair-Loyd, legal director of the ACLU.

Pieper, however, asserts that the city is on firm legal ground, saying the ordinance does not purport to regulate the laborers or their immigration status.

After registering with the city, employers are "free to hire anyone they wish, at any place they wish," he has said.

In recent days, code enforcement officers have visited the city's most popular makeshift hiring site ---- to hand out informational material.

Patrick Johnson, assistant to the city manager, said some employers may still be in the dark about the new rules.

"I would guess, from the number of workers out there, that there are probably more than four people using their services," Johnson said.

Mayor Morris Vance said four registrants seems low, but added: "I don't know, really, what I expected."

One person who did register was Tina Jillings, an outspoken day-labor advocate and vocal opponent of the city's ordinance.

Jillings said she's hopeful the legal challenges to the ordinance will prevail, but in the meantime, she's pushing the community to abide by the new guidelines and keep the day laborers working.

Mike Spencer of the anti-illegal immigration Vista Citizens Brigade said members of his group would be in the parking lot Friday and Saturday to hand out fliers and videotape employers who continue to hire without a registration certificate.

"It's going to be low-key, not too much in-your-face stuff or gloating," Spencer said.

Jillings said day-labor supporters would be onsite as well.

For the first three days, the city will simply issue informational materials, officials have said. The next week, code compliance officers, accompanied by San Diego County sheriff's deputies for security, will issue notices of violation to first-time offenders. After that, employers who have not registered can be hit with citations.

-- Staff writer Craig TenBroeck and the Associated Press contributed to this report.

Others target the illegal immigrants themselves. In Colorado, as many as 50,000 illegal immigrants could be removed from programs such as Medicare, Medicaid and unemployment insurance, officials there have said.

Well isn't that just a tear jerker...(NOT!) Cry me a freaking river!!!
I don't feel bad for any one of them. Now at least 50,000 legal and American citizens can get the benefits these illegals took from them.

Others, such as the American Civil Liberties Union, assert the new law is unconstitutional.

Everything is UNconstitutional if it doesn't fit into their anti-American commy agenda. What the hell does the Constitution have to do with employers registering to hire day laborers???? These people are just plain nutz.