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.