Escondido

Escondido council OKs immigration ordinance





Vote to bar illegal immigrant rentals draws hundreds
By J. Harry Jones
and David E. Graham
UNION-TRIBUNE STAFF WRITERS
October 5, 2006



NANCEE E. LEWIS / Union-Tribune
Demonstrators in support of an Escondido ordinance to prohibit landlords from renting to illegal immigrants gathered outside Escondido City Hall yesterday.
ESCONDIDO – The national immigration debate rocked Escondido last night when the City Council passed a highly divisive ordinance that would prohibit landlords from renting to illegal immigrants.

Every chair in the 350-seat council chambers was filled and the meeting was broadcast live at a park next door where hundreds more watched the council debate the measure.

It was approved by a 3-2 vote and will be the first of its kind in the state. It will not become law until a second reading in two weeks, followed by a 30-day waiting period.

From the archives

July 13: Escondido immigrant proposal slammed
Aug. 17: Escondido to pursue housing ordinance
Sept. 28: Escondido council meeting heats up
Sept. 30: Landlord penalties are spelled out
Oct. 4: Escondido to vote on housing ordinance
Oct. 4: Landlord ordinance draws more than 300 foes to vigil
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Documents

Sept. 27 ACLU letter opposing ordinance (PDF)
Draft ordinance as submitted to council for consideration (PDF)
City attorney's report to council recommending ordinance (PDF)


Speaker after speaker decried the law as racist and inhumane, only to be followed by speakers praising the council for standing up for Escondido and the United States.

Police lined the walls of the meeting room, and everyone who entered had to pass through metal detectors. Outside, officers formed a line to keep the two sides separated. City officials had about 200 officers from several jurisdictions in the county on hand.

The Escondido vote comes at a time when illegal immigration is one of the polarizing topics locally and nationwide.

It is estimated that more than 11 million undocumented immigrants live in the United States. Some advocate deporting all of them because they entered the country illegally and are taking jobs from U.S. citizens. Others want to offer the undocumented immigrants a path to citizenship, saying they are vital to the nation's economy and are only trying to better their lives.

Some in the crowd last night gave council members Marie Waldron, Sam Abed and Ed Gallo a standing ovation as they walked in. Three hours later, they voted for the ordinance.

When Mayor Lori Holt Pfeiler and Councilman Ron Newman, opponents of the law, entered the chambers, they were met with rousing applause and some boos.



CRISSY PASCUAL / Union-Tribune
Jesus Hernandez of Escondido asked the large crowd in council chambers to be silent to allow a speaker in opposition to the ordinance to address the Escondido City Council yesterday.
Several times, Pfeiler threatened to end the meeting because of unruly behavior.

More than 75 people spoke during the meeting. Attorney Roy Garrett reminded the council of the Pledge of Allegiance, which includes the words “one nation under God.”

“No God says let them do your work then sleep in the canyon! Nobody's God!” Garrett said.

Jim Brabant, an Escondido resident and landlord, said he supports and will abide by the law if passed.

“Thank you for not giving in to the baseless charges of racism. There are a lot of good people in this city who heartily support what you are doing. The chaos of the border may be the purview of the federal government, but its effect is on our cities.”

Others begged Waldron, Abed and Gallo to change their minds or at least delay a decision.

Minutes after the decision, about three dozen opponents gathered in front of City Hall and Consuelo Martinez, a representative of the Escondido Human Rights Committee. She told them in Spanish and English not to be intimidated, and they don't have to leave their homes.

“I think it's very sad for all of us,” she told the crowd. “It doesn't end here.”

Under the ordinance, residents, businesses and city officials can file written complaints with the city if they suspect a landlord is renting to illegal immigrants. Complaints based “solely or primarily on the basis of national origin, ethnicity, or race shall be deemed invalid,” the ordinance says.

After complaints are filed, landlords would have to provide documentation to the city of their tenants' immigration status. The city would then ask the federal government to verify the documents.

If tenants are found to be illegal immigrants, landlords would be given 10 days to evict them or face suspension of their business licenses. Repeat offenders could face misdemeanor charges and fines.

Exactly what percentage of Escondido's 140,000 residents are here illegally is difficult to determine.



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Latinos make up about 42 percent of the city's population, according to the San Diego Association of Governments. Many are longtime residents who are citizens or are living here legally. A significant number, however, are undocumented immigrants, though the government has no official way to determine that figure.
About 90 minutes before the council meeting started at 7 p.m., people began gathering. Each side shouted at the other, but no serious incidents or arrests occurred.

More than 100 Minutemen supporters, some waving American flags or holding placards, turned out to support the ordinance, said Jeff Schwilk, founder of the San Diego Minutemen chapter.

On the other side of the police line, Escondido activist Danny Perez spoke to hundreds who turned out to oppose the measure. “We're families, we're not animals,” he said.

Perez said the crowd, overwhelmingly of Mexican descent, represents the city's diversity.

At one point, the opponents, standing behind a Mexican flag, chanted “USA! USA! USA!” From the other side, people shouted, “Liars! Liars! Liars!”

After the council meeting began, the Latino crowd moved to Grape Day Park next to City Hall and watched the proceedings on TV.

As Congress and President Bush haggle over competing bills on illegal immigration, some cities have tried to address aspects of the issue.

In Vista, an ordinance passed in June requiring employers to register with the city before hiring day laborers off the street.

Last week, National City Mayor Nick Inzunza declared his city an immigrant sanctuary in a proclamation he presented to immigrant-rights activists. In a sanctuary city, municipal funds cannot be used to enforce federal immigration laws, which was already the case in National City under existing city policies.

City Attorney Jeffrey Epp said Escondido's ordinance is consistent with federal law and is similar to the housing portion of an ordinance in Hazleton, Pa., which the American Civil Liberties Union and others are challenging in federal court.

In July, Hazleton, with a population of 31,000, became the first city in the nation to pass such a law, and other cities throughout the country are considering similar ordinances. Escondido is the largest city to pass one.