It all falls back to the Feds

Last week, Farmers Branch, TX passed an ordinance that required all tenants, including home renters, to obtain rental licenses from the city. The licensing process included proof of residency, which would be checked with the federal SAVE database developed and maintained by the US Citizenship and Immigration Service (USCIS).

However, in order to utilize the SAVE database, the town must apply for access, which it has not done. Information on the USCIS website states:

To join the SAVE Program and acquire access to VIS-CPS to perform immigration status verification, an agency must first establish a Memorandum of Understanding (MOU) with the SAVE Program, and then establish a purchase order with the SAVE Program contractor to pay for VIS-CPS transaction fees. Access to SAVE is subject to USCIS resource limitations or other legal or policy criteria.

A representative from the USCIS confirmed that once Farmers Branch applies for access, a legal determination would be made on their use of the database.

“And whether the use is lawful and appropriate would be determined at that time,” said Maria Elena Garcia-Upson, a spokeswoman for Citizenship and Immigration Services.

Farmers Branch spent $770,000 last year trying to defend a similar ordinance that was passed in November 2006. A federal judge blocked enactment of that ordinance in January 2007. One should wonder at the cost incurred by the city in getting to this point on the new attempt, and future costs associated with either getting this one enacted or defending against another lawsuit.

In July 2007, Hazleton, PA was prevented by a federal judge from enforcing any provisions of its ordinance — on which the proposed-and-tabled Carpentersville ordinance is also based. Although it is on appeal, at the time of the decision the cost of defending against the lawsuit was reported to be more than the $360,000 in donations received — and is likely to have increased with the time spent on the most recent appeal. Plaintiffs also filed for payment of legal fees which could cost the town another $2.4 million.

Shortly after the decision in that case, I wrote:

If Hazleton loses its case on appeal, the city would very likely be responsible for paying the legal fees of the plaintiffs in the case, which will easily be several million dollars. The city’s insurance will not cover these costs, which means they will be paid by taxpayers in the town, as donations (which thus far have been about $360,000) probably will not come close to covering those costs. Or, Mayor Lou Barletta may pay for it out of the more than $1 million he has accumulated for a run for Congress. Or maybe not.

Despite the arguments about current costs to the Village of Carpentersville because of the presence of illegal immigrants, Carpentersville simply cannot afford to pay the high costs associated with lawsuits that could be brought. A little more than a month ago, officials were arguing about the need for $3,000 from the sale of old firearms. Obviously, parting with $1 million (or $30 million in the case of the current lawsuit) isn’t prudent.

And, then there’s the possibility of lawsuits, even if such ordinances make it past the courts.

Take the case of Thomas Warziniack, a Minnesota native whom U.S. authorities have been trying to deport as an illegal immigrant from Russia, as an example. Warziniak spent several weeks in federal detention awaiting deportation. But, he is a natural born US citizen.

In Warziniack’s case, ICE officials appear to have been oblivious to signs that they had made a serious mistake.

Although a national crime database identified Warziniack’s identity, and a check with Minnesota officials by a news organization confirmed a birth certificate on file with his name and birth date, he was flagged as a foreign-born prisoner and given a deportation hearing. He was released this week.

Imagine Carpentersville being caught in responsibility for such a case, if they wrongfully denied services or housing to a citizen or legal resident whose identity could not be confirmed in the allocated time frame (provided they are even given access to the system). How much would that cost taxpayers?

A recent report, submitted to the Department of Homeland Security by the USCIS in September, explains that the database used by E-Verify does not meet standards set by Congress.

These cases further solidify the arguments that any immigration enforcement actions rely on the federal government.

It remains something that the Village of Carpentersville cannot afford to do and should refrain from wasting time pursuing.

Much better and more worthwhile would be for the town to become a leader in a positive area, such as community development or revitalization efforts. For those that argue that illegal immigrants in our community must go first, they should understand that if the Village proceeds that way, improvements to the community will remain a long way off.

Carpentersville gets international attention

No longer does Carpentersville simply have a place in the national spotlight. The Village has now gone international, with the latest piece appearing in The Guardian’s Observer magazine (The Guardian is a United Kingdom new source):

The fight against the Hispanic revolution is gathering momentum in small towns across America. None is more on the frontline than the seemingly sleepy Illinois village of Carpentersville, one of a string of towns hereabouts that were founded by Irish and Polish immigrants, thrived on trade and factories, and have now hit harder times.

This excerpt is part of a longer analysis that appears toward the end of the lengthy article, which speaks of a more far-reaching issue:

For decades, Hispanics have existed mainly in the shadows of the American dream. Now they’re taking to the streets in their millions, in the biggest march for equality since the Civil Rights movement. And with $1 trillion to spend, millions ready to vote and their own candidate for President, Hispanics hold the key to the new American century.

The portrait that is painted of Carpentersville is, once again, not pretty to look at. And, with pending litigation against the Village for alleged discrimination — while the Village and paramedics may be found to have immunity — we could be faced with the reality of seeing the town labeled, as Hazleton was in a Zogby International Report, as “full of racism”.

A Zogby International report issued Wednesday paints a harrowing picture of Hazleton as a city where racism is rampant and people live in constant fear of racial profiling and losing their homes and/or jobs if taken for being in the country illegally.

Just as in Carpentersville, the news in Hazleton, PA is not all bad. There are some good strides being made there as well. Unfortunately it is overshadowed. Unfortunately, “but” has to be inserted in order to tell the fuller picture.

Even if there is some admitted “political opinion” injected into the report on Hazleton, and the articles on Carpentersville, opinion shapes ideas, thoughts and plans. Seeing that Carpentersville has struggled with image problems for the better part of a decade, its those types of opinions that we could do without. Which makes it more important for the Village Board to put down their swords, make a public commitment to the residents and business owners to work to move past the division and spite of the past (that goes beyond the current group of Board members) and raise their level of communication.

Doing so would give this blog something to praise, rather than things which deserve criticism.