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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.
Elgin is now going through a similar push for local officials to do something about illegal immigrants in our communities. However, unlike in the Village of Carpentersville, Elgin City Council members are basically united in their position on what the city can and cannot do.
A few letters to the editor, as well as a response from the Association for Legal Americans (AFLA), have spoken about the failures of federal elected officials that has necessitated the need for local action. Similar argument were used by some trustees and residents (and non-residents) during Carpentersville’s illegal immigration debate.
Honestly, I fail to see the logic in this.
Are we really saying that we should hold our local elected officials responsible for the failures of our federal (and even state) officials? Are we really saying that our limited resources at the local (and state) levels should be appropriated to things that our federal tax dollars are to be used for?
I agree 100% that we need to take action with regard to the failures of our federal elected officials in doing their jobs — we need to vote their asses out of office!
In Carpentersville, there is argument about the need to obtain a measly $3,000 through a controversial sale of police and confiscated weapons. There is argument about spending money in the 2007-2008 budget for a site plan and design of a much needed, new public works building.
If we need the money so desperately (that we would even put public safety at risk), why are we so gung ho to allocate our tax dollars to creation and enforcement of laws and ordinances that could be resolved (and more thoroughly) at the federal level with tax dollars we’ve given them for such purpose?!
Why?
Why do we let our federal officials off the hook in doing their jobs, and then try to hold our local officials and resources accountable for things that those feds tell us only they can do?
People sit and they spin their wheels on finding loopholes in federal jurisdiction over immigration, rather that spend that energy on ensuring that enforcement comes at the correct level.
Dumb.
The Associated Press and WBBM 780 is reporting that “Operation Community Shield, a two-year-old nationwide initiative in which ICE agents partner with federal, state and local law enforcement to combat gangs”, netted arrests of 21 reputed gang members, 19 of which were in this country illegally.
Agents made most of the arrests in Carpentersville, which has been a focus on the immigration debate in the northwest suburbs. Additional arrests were made in Belvidere, Bensenville, Cary, Lake Zurich and West Dundee.
Carpentersville Village President Bill Sarto, who has maintained that immigration enforcement is primarily a role of the federal government, said he is supportive of ICE doing periodic sweeps like this as a matter of public safety.
“This is the kind of action that I’ve been supportive of since my election.” Sarto said.
Answering some of his critics who he says have wrongly accused him of wanting to protect illegal immigrants in “safe havens”, Sarto responded, “I voted for 287(g) training for our officers. I signed a letter sent to Congress requesting federal action and reforms on immigration and border security.”
“These arrests actually show that the federal government is acting on our concerns. I’m happy that our officers could assist in this operation to crackdown on gangs in our community and protect our citizens.”
Since [Operation Community Shield] began, Immigration agents have arrested more than 7,500 street gang members representing more than 700 gangs.
And what about those who claim that Sarto has said there is no illegal immigration population in Carpentersville?
“I actually never said that. I said that we needed evidence of the problems some of our trustees were saying were caused by illegals. I didn’t want our citizens unfairly targeted. ICE knew who they were after. I think we need to be just as certain in the actions we take locally.”
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.
Found this story from yesterday’s L.A. Times to be interesting. Apparently, the tightening of the southern border is having such an effect on nationwide farming that the Bush administration is now working “quickly and quietly” to modify current regulations for visas for immigrant farmworkers.
“It is important for the farm sector to have access to labor to stay competitive,” said White House spokesman Scott Stanzel. “As the southern border has tightened, some producers have a more difficult time finding a workforce, and that is a factor of what is going on today.”
The farm work force is down about 20%.
Almost three-quarters of farmworkers are thought to be illegal immigrants.
In turn, farmers and agriculture officials are warning of price hikes as crops lie rotting in some fields.
The California Farm Bureau says farmers are “squeaking by” in California this year, but say immigration crackdowns have created a chronic worker shortage that could be devastating in future years, causing produce prices to rise.
With the US economy in a very fragile state, it will be necessary to exercise some level of caution in the actions taken in these matters. Solutions are not as simple as saying “pay a higher wage” and workers will come to those jobs. The economic balances and effects of inequity need to be considered carefully. It is higher costs that end up being passed to consumers who then either pay those higher prices, choose alternatives or go without. In some cases, workers in other sectors may require higher paying jobs to keep up with the rising cost of living. In turn some of these companies will go out of business, raising unemployment rates and creating additional obstacles to economic recovery as well as greater need for federal assistance on the backs of a lesser number of taxpayers.
While this may be an oversimplification for the sake of keeping the information accessible, the principles behind it are quite sound. I still think tightening the borders is necessary, but additional actions are also required in order to maintain the necessary balances to our economy.
How do we propose to balance all of these issues that must be addressed simultaneously?
Last week, Kane County came to an agreement with the US Department of Justice, to provide bi-lingual elections judges in 49 precincts in the County. This agreement was triggered due to failure to comply (mainly in Carpentersville/Dundee Township) with the Voting Rights Act of 1965, as authorized by the establishment of the Fifteenth Amendment to the US Constitution.
The Fifteen Amendment to the Constitution was ratified on February 3, 1870:
- Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
However it is said that “it was not really until the Voting Rights Act in 1965, almost a century later, that the full promise of the fifteenth amendment was actually achieved in all states.” [Source: Wikipedia]
Both the Amendment and the Act (which was most recently reauthorized in 2006) were written particularly to deal with issues emerging from slavery to provide voting rights for African-Americans and other non-white minorities. Today, that debate is being renewed, but this time mainly related to Spanish-speaking immigrants.
In the 60’s it was polling taxes and literacy tests that were being used/proposed in order to keep minorities from voting. Today, it is language.
It is important to consider, however, that such legislation was written to be race or color neutral:
The Act requires bilingual election procedures in various states and counties for voters who speak Spanish, Chinese, Filipino, Japanese, Vietnamese, and more than a dozen Native American and Alaskan Native languages.
There are a number of objections raised about this, and in terms of Kane County, it has to do with Spanish speaking voters. A recent letter to the editor appearing in the Daily Herald raised several questions:
Why don’t the Spanish speakers hire their own interpreters?
The Voting Rights Act was specifically established to remove such impediments that historically had been used to prevent minorities, including language minorities, from fully participating in the electoral process.
Who is voting in Spanish anyway?
Fellow citizens, typically first-generation immigrants.
If only Americans can vote, then we seem to have a lot of U.S. citizens who don’t speak English. How can they become citizens if they don’t speak English?
Many first-generation citizens understand spoken English better than they speak or read it. As such, they feel more comfortable reading or speaking in Spanish in situations where it is important to understand or make oneself understood. There is already a limited amount of English required to pass the citizenship exam, however, that does not necessarily translate into a level of fluency that would make voting impediment-free.
When are we as a society going to come to grips with the fact that our language and culture are being undermined by non-English speaking immigrants who refuse to assimilate?
When one looks honestly at the issue, it is not a matter of “refusing to assimilate”, and a study I posted a link to a few days ago found that the English language and the “American culture” are in no danger.
The study can be found here. The report’s synopsis states:
Although the life expectancy of Spanish is found to be greater among Mexicans in Southern California compared to other groups, its ultimate demise nonetheless seems assured by the third generation. English has never been seriously threatened as the dominant language of the United States, and it is not threatened today—not even in Southern California. What is endangered instead is the survivability of the non-English languages that immigrants bring with them to the United States.
A relevant portion of the study concluded:
…while 100% of new immigrants speak fluent Spanish, only 35% of their children do, and 3rd and 4th generation (grandchildren/great grandchildren) only 17% and 5% respectively.
Allowing participation in our electoral process is very much part of assimilation into American life. (Although voter apathy and indifference has unfortunately also become a part of American life.)
By removing such impediments to the voting process we are maintaining and re-asserting the very principles of non-discrimination that we pride ourselves on as Americans.
Reference links:
- Voting Rights Act of 1965 – US Department of Justice
- Voting Rights Act of 1965 – Wikipedia
- Lingquistic Life Expectancies [Study] – Pop. & Development Review, 9/06
- Fifteen Amendment to the Constitution of the United States –Wikipedia
- GOP Rebellion Stops Voting Rights Act – Washington Post
- House Renews Voting Rights Act Unchanged –CBS News
CNN’s “Out in the Open” on Monday night featured the topic of immigration, assimilation and language. The information presented seemed to be fair and of good quality. I also found a discussion between between a Republican candidate for President, Congressman Tom Tancredo, and a syndicated columnist, Miguel Perez, to be one of the better exchanges on the program.
Carpentersville was also in one of the featured segment. But, once again, it was presented as an example of the nation’s extreme. The English only resolution passed earlier was offered as a contrast to a Texas border town on the banks of the Rio Grande that has Spanish as its official language (although it is really bi-lingual). That town was shown to have progressed since 1999, while Carpentersville is in a state of decline and having many homes in Hispanic neighborhoods up for sale. The Texas town was one of peace and calm. Carpentersville was one of combativeness and division; as a city being “torn apart”.
The piece ended with “In this cultural battle, language is a mighty sword.”
This is not simply my interpretation of what they intended to show. This is what they actually did show.
Folks, putting aside the arguments for or against the validity of the interpretation presented, this is another perfect example of how the Village of Carpentersville is viewed in this country and in this area. This is not an isolated report, but is another indictment of the atmosphere that exists in the town.
It is not something we can argue against.
It is not something we can defend against.
This is something we must work to change the impression of.
That does not come from attempts at catch-phrases and slogans. It is not something you can legislate out of the way.
Rather it must be an effort to reach out to the whole community — not simply 40% or 60%, but the whole community — to listen to their concerns and find ways to address and solve them.
I’ll also just mention that Trustee Sigwalt and resident Adam Ruiz represented the opposing sides in the piece. Comments from Sigwalt were mostly benign, while Ruiz expressed his disappointment at what was happening in the town.
It highlighted concerns of which we all need to be aware and which the Village government, particularly the Board, needs to be sensitive to.
Residents Jay Radke, Frank “don’t call me a racist or a Nazi” Stoneham and a woman whom I could not identify also made up part of the “low light reel”.
The program ended by speaking about assimilation and learning the English language by Mexican immigrants. The study can be found here [PDF] … but it basically pointed out that while 100% of new immigrants speak fluent Spanish, only 35% of their children do, and 3rd and 4th generation (grandchildren/great grandchildren) only 17% and 5% respectively. This was offered as evidence that the English language is not in any type of danger, and that these people who come to America do understand that it is necessary to learn English to get ahead in this country and in this world.
The reports synopsis states:
Although the life expectancy of Spanish is found to be greater among Mexicans in Southern California compared to other groups, its ultimate demise nonetheless seems assured by the third generation. English has never been seriously threatened as the dominant language of the United States, and it is not threatened today—not even in Southern California. What is endangered instead is the survivability of the non-English languages that immigrants bring with them to the United States.
I received an email from Trustee Ramirez-Sliwinski just a short time ago informing me that she received a call from Tracy Sabo, a producer at CNN. Ms. Sabo was in Carpentersville last week and wanted to let Trustee Ramirez-Sliwinski know that the Village would be included in a program airing tonight on CNN at 7pm CDT.
CNN’s website promotes it as follows:
Out in the Open: CNN’s Rick Sanchez brings illegal immigration ‘Out in the Open’ — the conflict, the controversy, the cold-hard facts, tonight.
Amid all of the xenophobia and nativism surrounding the immigration debate, there is a real security concern. In the language of the bureaucracy, the problem is referred to as the ”O.T.M.’s,” or Other Than Mexicans.
Found this piece from former National Security Advisor, Richard Clarke, “A Back Door for Terrorists”. I think that it makes a great case for why we need to put pressure on our federal officials to secure our borders, and why attempts at piece-meal enforcement around the country is
- insufficient;
- may put us at greater risk because the federal government is allowing it and may be less inclined to stop it; and,
- leaves loopholes that cannot be closed by local enforcement;
especially when the focus is on Hispanics. Taking a uniform approach has a better opportunity to ensure that rights of legal citizens, residents and visitors are respected.
Since 9/11, it has been far more difficult to get a visa to enter the United States if you are a citizen of a country considered a terrorism concern. But it is not difficult for a Pakistani, for example, to enter Mexico or another Central American country from which he can get to our border relatively easily, cross it and blend in.
Be sure to read it in it’s entirety.
Yep … they’re still at it folks.
In light of the lawsuit, President Sarto directed staff to postpone work on a draft of a controversial ordinance viewed by many across the US as targeting immigrants. And, Sarto also said he would hold off on appointments to the “Improvement Committee”, which has also been seen in the community as focusing on one segment of the population.
Trustee’s Paul Humpfer and Judy Sigwalt didn’t like the action.
He is a village president, not a king. said Humpfer.
However, Sarto is the Chief Executive Officer of the Village. Per the Carpentersville Municipal Code:
The president shall be and shall have the powers and perform the duties of chief executive officer of the village, shall preside at all meetings of the board, and shall devote to the responsibilities of his or her office such time and endeavor as the faithful discharge thereof may require.
As such, he is not simply another member of the Board, or having merely the powers of Trustees.
That said, I believe it is a good idea to postpone the work and enactment of the ordinance and committee, particularly in light of the lawsuit that has been filed. While it would have been better for Sarto to bring this first to the Board if he did not mention to them that they remove it from the agenda, I believe it is the right and prudent to take this action.
However, even in absence of this being brought to the whole Board first, the Board should not vote to proceed with these things as a matter of political spite. No matter what we eventually learn of the facts of the lawsuit, the present situation in Carpentersville is demonstrative of bigotry and bias.
Leaders in this community are those that recognize that fact and stand up to to speak out and do something about it.
But, there are others simply come up with slogans and rhetoric to tell the people that they shouldn’t feel what they are feeling. Those are not leaders.
What have these trustees done to bridge the divide that exists in Carpentersville? People in the community feel targeted. What have they done to reach out to those people and put them at ease?
In September/October 2006, they came up with an ordinance that worried a lot of people.
What did they do to reassure those people? Said, “It’s not about race. It’s about what’s legal”. (Making attempts to change the law.) And, the told them they needed to learn English; which worried them — even those that spoke English — more.
And, what did they do to reassure them, then? Told them they were going to come gunning for “code violators”. Which made them and others — even those who kept their property looking pretty good — feel more worried.
And, what did they do to reassure them, then? They said “watch out! We’re going to modify the laws to come for your vehicles!”
They haven’t done one thing to try to ease people’s minds about what they are doing. Telling someone “It’s not about race” when there are impressions (real or not) of a pattern that it is about race, hasn’t done anything to put the community at ease.
Now, with a lawsuit pending that is zeroing in on that pattern, the Board shouldn’t forge ahead like cowboys trying to tame the wild west. They need to step back, save the town from bankruptcy and heal the wounds that people have in the community.
Carpentersville Action Network 
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