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Fremont Ne illegal alien battle;
mouse
Member Posts: 3,624
I've been following this for awhile now. This recent news article
in a local rag really makes me burn.[:(!]
How two cities are paying millions to defend ordinances
by Bryan Cohen
Kris Kobach might be the hardest working attorney in the legal battle to empower cities and states to enact legislation targeting illegal immigrants.
He is the go-to expert for locals nationwide looking to purge undocumented workers and their families. The Kansas City lawyer represents three Fremonters in their effort to force a special election on a proposed ordinance to ban the hiring, harboring or renting of housing to illegal immigrants. The case to decide if Fremont can hold the election will likely be heard at summer's end by the State Court of Appeals. Officials on both sides say the state Supreme Court could instead pull the case immediately onto its docket.
Kobach's resume appears to make him a perfect candidate to argue the case. He graduated Harvard University in 1988. In 1992 he received his doctorate in Political Science from Oxford University. His thesis compared the initiative process in the United States to other countries, making Fremont's mix of referendum rights and immigration law right up his alley. In 1995 his received his J.D. From Yale Law.
On Sept. 1st, 2001 Kobach began a fellowship with U.S. Attorney General John Ashcroft. Eight days later he was thrust into the Bush administration's post 9/11 scramble to lock down land borders, air and sea ports.
Kobach said he'd been working on the details of a plan that would eventually be known as the National Security Entry-Exit Registration System. It required foreign nationals (non-immigrants) from Muslim countries to register with the federal government so their movements could be tracked.
Civil rights groups decried its ethnic profiling. NSEERS was eventually suspended after thousands of foreign nationals were reportedly deported.
After his fellowship, Kobach became Ashcroft's chief adviser on immigration law and border security. He returned to Kansas in 2003 to teach law at the University of Missouri Kansas City.
Around that time he also became lead counsel for the Immigration Reform Law Institute, which has bankrolled legal battles nationwide to support legislation targeting undocumented immigrants. The IRLI is also part of a web of organizations that some say are rooted in white supremacist ideology.
Kobach denies there are racist elements within IRLI.
"I wouldn't be a part of any organization that had one racist bone in its body," he said.
But it's not hard to find the skeletons in IRLI's closet through its parent organization.
FAIR in Fremont
Several Fremont officials said undocumented workers became a political football in the town of about 25,000 as two major employers outside the city limits, Hormel Foods and Fremont Beef, began hiring from the Hispanic immigrant community during the 1990s.
Fremont City Councilman Bob Warner contacted Kris Kobach last year after becoming "frustrated by our federal government not enforcing their own law." While Warner said there was no single incident that sparked the proposal, some council members thought the longtime councilman was making his last stand. Warner stepped down last year after 20 years.
The Warner/Kobach discussions led the council to ask City Attorney Dean Skokan to draft an ordinance targeting illegal immigrants. He turned to Kobach and the IRLI. Fremont's ordinance borrowed heavily from a Hazleton, Penn. measure - the first city to pass a Kobach/IRLI ordinance.
The IRLI says it tries to protect citizens from "injuries and damages caused by unlawful immigration" and "greedy landlords [who] turn neighborhood homes and apartments into modern slums by packing them with illegal alien tenants."
IRLI is the legal arm for the Federation for American Immigration Reform, an organization listed as a nativist hate-group by the Southern Poverty Law Center. FAIR's founder, John Tanton, is somewhat of a don in the immigrant restrictionist movement. He founded a slew of organizations that seek to publicize and combat illegal immigration, including NumbersUSA and the Center for Immigration Studies.
Tanton has long corresponded with white nationalists, neo-Nazi's and eugenicists, according to a report from SPLC's Heidi Beirich.
In 1988, a series of Tanton's letters were leaked that revealed his racist leanings. Several prominent board members, including Walter Cronkite, left U.S. English, a Tanton group which fought multilingualism in the United States.
Kobach and the IRLI have a reputation for sweeping into towns, providing cheap legal counsel and promises of immigration measures that can stick. But there is some speculation that their efforts reflect a broader strategy to build case law to get a ruling by the U.S. Supreme Court or to attract publicity to inflame the issue.
FAIR spokesperson Ira Mehlman alluded to this after a Kobach ordinance was defeated by a federal judge in Farmers Branch, Texas.
"There are a lot of conflicting legal opinions floating out there," he told the Dallas Morning News last year, "and obviously, at some point, [the rulings] are going to have to be bundled up by a higher court. Our view is that all these will be upheld."
"They could be modeling the strategy of successful civil rights litigation in the 1960s, to get cases to the supreme court and get a solid ruling," said Nina Perales, regional counsel for the Mexican-American Legal Defense and Education Fund - a group that has argued against Kobach in several cases in several cities.
But Kobach's efforts have been far from successful.
"Why would they use that strategy when they are using the same ordinance that has repeatedly lost in federal court?" said Laurel Marsh, executive director of the Nebraska ACLU. The organization has publicly denounced the proposed ordinance in Fremont, but has not formally joined the litigation. Marsh said the Nebraska ACLU board was monitoring the case and considering whether to seek to join it.
$1.8 million in legal fees
Dozens of towns have considered or enacted a version of Hazleton's anti-illegal immigrant ordinance. Some sought advice from Kobach and the IRLI. Many have dropped the issue because of legal fees. Three cases have gone before federal judges and Kobach has defended each one.
HAZLETON, PENNSYLVANIA
Over the past decade, the Hispanic population of Hazleton, Penn. has boomed. Many have sought jobs in the region's coal mines and fruit orchards. But Hazleton Mayor Lou Barletta, and many Anglo residents, didn't like the changes they saw. Barletta said illegal immigrants were causing increased crime, poor school performance and a lower quality of life. In 2006, the town 80 miles Northwest of Philadelphia became ground-zero in the fight over local ordinances targeting illegal immigrants.
With Kobach's legal guidance, Barletta drafted the ordinance that would eventually become the model for Fremont and dozens of other cities. After a charged council meeting, Hazleton council members adopted Kobach's ordinance.
It bans hiring or renting of housing to illegal immigrants and provides for fines and revocation of business licenses for those which knowingly hired illegal immigrants. It would become the template Kobach and the IRLI would offer to city attorneys nationwide, who were looking for something to present their disgruntled councils.
After a two-year court battle, the case went before U.S. District Judge James Munley.
Munley ruled Hazleton's ordinance was at odds with federal immigration law. He also said it violated civil liberties afforded to all U.S. residents.
Even if federal law did not conflict with Hazleton's measures, the city could not enact an ordinance that violates rights the Constitution guarantees to every person in the United States, whether legal resident or not," Munley wrote.
Immigrant and Latino advocates called the ruling a definitive decision against local immigration legislation. Kobach told The Reader he thought Munley's decision was in error and that it would be overturned on appeal.
After the ruling was issued, Stein alluded to FAIR's desire to build more case law for a Supreme Court test. "We are confident that when higher courts review this case they will conclude that Hazleton's ordinances are a reasonable and lawful response to a real problem," he said.
To cope with the costs of the three year legal battle, Barletta set-up smalltowndefenders.com. The Mayor has appealed the case and vows he will never give up. After Judge Munley's ruling, the ACLU sued the city for $2.4 million in legal fees, nearly one-third of the city's annual budget. The suit has prompted a legal battle between the city and their insurance company over who will pay the bill. Hazleton has also spent a substantial amount on their own counsel. In 2007, Barletta said the city had already spent $200,000 in legal costs.
FARMERS BRANCH, TEXAS
In 2006, Farmers Branch, Texas became that state's first city to enact local immigration ordinances. The city council unanimously enacted measures that made English the city's official language, prohibited landlords from renting to those who could not prove their citizenship status and directed local law enforcement to target illegal immigrants.
The Mexican American Legal Defense and Education Fund and the ACLU promptly filed suit. U.S. District Court Judge Sam A. Lindsay granted MALDEF and the ACLU a temporary retraining order, holding off implementation of the ordinances while the case was pursued.
In 2008, Lindsay decided the city could not enforce the measures.
"Because Farmers Branch has attempted to regulate immigration differently from the federal government, the ordinance is preempted by the supremacy clause" of the Constitution, he said.
The court has already held, at least as a preliminary matter, that five different versions of the [previous] ordinance violate the United States Constitution . The new ordinance is yet another attempt to circumvent the court's prior rulings and further an agenda that runs afoul of the United States Constitution."
Recognizing the strong support for the ordinance in the community, Lindsay said "This is not the first time - nor will it be the last - that a court has held a politically popular ordinance to be unconstitutional," - a statement that may soon be painfully relevant to some Fremont residents.
The city council then adopted a measure that required renters to obtain a $5 occupancy license and state their immigration status - the same provision in the Fremont proposal. That measure is also being challenged in a Texas court by MALDEF.
The legal fight continues to drain the budget of Farmers Branch. In two years the city has paid an estimated $1.8 million in legal fees and continues to pay lawyers $85,000 a month, according to city Finance Director Charles Cox. Farmers Branch was also recently ordered to pay $470,000 to renters and immigrant activists who sued the city after Lindsay's ruling.
VALLEY PARK, MISSOURI
In 2006 the Valley Park city council enacted its first immigration ordinance. The measure was nearly identical to those of Hazleton and Fremont. It baned the hiring, or renting of housing to illegal immigrants. It required renters to obtain an occupancy license after their immigration status was verified.
The following year a judge in St. Louis County struck down the measure. Anticipating a defeat, the city council was ready another ordinance that would allow the city to deny or revoke business licenses to those who hired undocumented workers.
In 2007, U.S. District Judge E. Richard Webber ruled Valley Park could deny business licenses to those who hired illegal immigrants.
The Ordinance at issue is not preempted by federal law, to the contrary, federal law specifically permits such licensing laws as the one at issue," Webber wrote in the ruling that seemed to contradict Munley's decision in the Hazleton case.
The ruling marked the first, and arguably the only win in federal court for Kobach and local ordinances aimed at illegal immigrants.
FAIR'S local arm: Tough talk from Susan Smith
On March 1, 2006 more than 1 million immigrants and immigrant rights supporters marched in "A Day Without Immigrants" protests nationwide.
That's when Susan Smith realized "something was very wrong in this country."
Smith to began demonstrating with groups opposing illegal immigration and the increase of Latino influence in American culture. Smith eventually formed the Nebraska Advisory Group, a local organizing group for FAIR. Smith has also attend anti-illegal rallies in Fremont and testified before the Fremont city council in support of the proposed ordinance.
Smith was a featured speaker at this year's Omaha tax day "tea party," held by conservatives nationwide to protest the economic policies of President Obama. After her opening remarks, she paused. "Press one to continue in English," she jested, to a mix of boos and laughter from the crowd.
You talked a lot about illegal immigration at the tea party. Why?
Illegal immigration hugely effects our economy. Government mandates to have bi-lingual signs and ESL teachers, the cost of health care and the cost of additional crime, (illegal immigrants) effect us in our every day lives.
Your group (NAG) is affiliated with the Federation of Americans for Immigration Reform. FAIR has been labled a nativist hate group by some organizations, such as the Southern Poverty Law Center. Does that concern you?
Groups like the SPLC have no evidence to back up those statements on FAIR or any other group. The SPLC is an ultra-liberal group and if you oppose what they believe, you are a racist and a hatemonger. I've been called a racist and a hatemonger, and I'm not.
FAIR opposes illegal immigration because of the cost. If you go on their website, you won't see any racist material or hate speech. NAG recommends people to FAIR to stay abreast of what is going on at the federal level. We support them, they support us.
You have been critical of bilingualism in the U.S. Why?
In the U.S., English is the language. Here in Nebraska it is the official language. I don't expect the government in Mexico to have dual signage because I'm too lazy to learn Spanish. It's not their responsibility to make things easier for me on the backs of taxpayers. That's what's going on here.
Why do you think people come to the country illegally?
To get out of their war torn countries, where you've got the really rich and elite and the poor. Also the crime, like the drug wars in Mexico. I can't imagine living like that, can you?
Opponents of the Fremont ordinance have said it's divisive and ostracizes people in that community.
We're not ostracizing them, we're letting them know you're in this country illegally and you need to leave. We should role out the red carpet for people that are here legally, but for people here illegally, we want them to be uncomfortable. We don't want them staying.
Are you familiar with the Latino community on a personal level? Have you ever talked to an illegal immigrant?
No. I have nothing to say to them except get out of our country. They're not going to change my mind, and I'm not going to change theirs. Same for the groups that support illegal immigrants. The anti-American hatred they spew, tearing down Americans - it is absolutely disgusting. ,
28 May 2009
Close [X]
in a local rag really makes me burn.[:(!]
How two cities are paying millions to defend ordinances
by Bryan Cohen
Kris Kobach might be the hardest working attorney in the legal battle to empower cities and states to enact legislation targeting illegal immigrants.
He is the go-to expert for locals nationwide looking to purge undocumented workers and their families. The Kansas City lawyer represents three Fremonters in their effort to force a special election on a proposed ordinance to ban the hiring, harboring or renting of housing to illegal immigrants. The case to decide if Fremont can hold the election will likely be heard at summer's end by the State Court of Appeals. Officials on both sides say the state Supreme Court could instead pull the case immediately onto its docket.
Kobach's resume appears to make him a perfect candidate to argue the case. He graduated Harvard University in 1988. In 1992 he received his doctorate in Political Science from Oxford University. His thesis compared the initiative process in the United States to other countries, making Fremont's mix of referendum rights and immigration law right up his alley. In 1995 his received his J.D. From Yale Law.
On Sept. 1st, 2001 Kobach began a fellowship with U.S. Attorney General John Ashcroft. Eight days later he was thrust into the Bush administration's post 9/11 scramble to lock down land borders, air and sea ports.
Kobach said he'd been working on the details of a plan that would eventually be known as the National Security Entry-Exit Registration System. It required foreign nationals (non-immigrants) from Muslim countries to register with the federal government so their movements could be tracked.
Civil rights groups decried its ethnic profiling. NSEERS was eventually suspended after thousands of foreign nationals were reportedly deported.
After his fellowship, Kobach became Ashcroft's chief adviser on immigration law and border security. He returned to Kansas in 2003 to teach law at the University of Missouri Kansas City.
Around that time he also became lead counsel for the Immigration Reform Law Institute, which has bankrolled legal battles nationwide to support legislation targeting undocumented immigrants. The IRLI is also part of a web of organizations that some say are rooted in white supremacist ideology.
Kobach denies there are racist elements within IRLI.
"I wouldn't be a part of any organization that had one racist bone in its body," he said.
But it's not hard to find the skeletons in IRLI's closet through its parent organization.
FAIR in Fremont
Several Fremont officials said undocumented workers became a political football in the town of about 25,000 as two major employers outside the city limits, Hormel Foods and Fremont Beef, began hiring from the Hispanic immigrant community during the 1990s.
Fremont City Councilman Bob Warner contacted Kris Kobach last year after becoming "frustrated by our federal government not enforcing their own law." While Warner said there was no single incident that sparked the proposal, some council members thought the longtime councilman was making his last stand. Warner stepped down last year after 20 years.
The Warner/Kobach discussions led the council to ask City Attorney Dean Skokan to draft an ordinance targeting illegal immigrants. He turned to Kobach and the IRLI. Fremont's ordinance borrowed heavily from a Hazleton, Penn. measure - the first city to pass a Kobach/IRLI ordinance.
The IRLI says it tries to protect citizens from "injuries and damages caused by unlawful immigration" and "greedy landlords [who] turn neighborhood homes and apartments into modern slums by packing them with illegal alien tenants."
IRLI is the legal arm for the Federation for American Immigration Reform, an organization listed as a nativist hate-group by the Southern Poverty Law Center. FAIR's founder, John Tanton, is somewhat of a don in the immigrant restrictionist movement. He founded a slew of organizations that seek to publicize and combat illegal immigration, including NumbersUSA and the Center for Immigration Studies.
Tanton has long corresponded with white nationalists, neo-Nazi's and eugenicists, according to a report from SPLC's Heidi Beirich.
In 1988, a series of Tanton's letters were leaked that revealed his racist leanings. Several prominent board members, including Walter Cronkite, left U.S. English, a Tanton group which fought multilingualism in the United States.
Kobach and the IRLI have a reputation for sweeping into towns, providing cheap legal counsel and promises of immigration measures that can stick. But there is some speculation that their efforts reflect a broader strategy to build case law to get a ruling by the U.S. Supreme Court or to attract publicity to inflame the issue.
FAIR spokesperson Ira Mehlman alluded to this after a Kobach ordinance was defeated by a federal judge in Farmers Branch, Texas.
"There are a lot of conflicting legal opinions floating out there," he told the Dallas Morning News last year, "and obviously, at some point, [the rulings] are going to have to be bundled up by a higher court. Our view is that all these will be upheld."
"They could be modeling the strategy of successful civil rights litigation in the 1960s, to get cases to the supreme court and get a solid ruling," said Nina Perales, regional counsel for the Mexican-American Legal Defense and Education Fund - a group that has argued against Kobach in several cases in several cities.
But Kobach's efforts have been far from successful.
"Why would they use that strategy when they are using the same ordinance that has repeatedly lost in federal court?" said Laurel Marsh, executive director of the Nebraska ACLU. The organization has publicly denounced the proposed ordinance in Fremont, but has not formally joined the litigation. Marsh said the Nebraska ACLU board was monitoring the case and considering whether to seek to join it.
$1.8 million in legal fees
Dozens of towns have considered or enacted a version of Hazleton's anti-illegal immigrant ordinance. Some sought advice from Kobach and the IRLI. Many have dropped the issue because of legal fees. Three cases have gone before federal judges and Kobach has defended each one.
HAZLETON, PENNSYLVANIA
Over the past decade, the Hispanic population of Hazleton, Penn. has boomed. Many have sought jobs in the region's coal mines and fruit orchards. But Hazleton Mayor Lou Barletta, and many Anglo residents, didn't like the changes they saw. Barletta said illegal immigrants were causing increased crime, poor school performance and a lower quality of life. In 2006, the town 80 miles Northwest of Philadelphia became ground-zero in the fight over local ordinances targeting illegal immigrants.
With Kobach's legal guidance, Barletta drafted the ordinance that would eventually become the model for Fremont and dozens of other cities. After a charged council meeting, Hazleton council members adopted Kobach's ordinance.
It bans hiring or renting of housing to illegal immigrants and provides for fines and revocation of business licenses for those which knowingly hired illegal immigrants. It would become the template Kobach and the IRLI would offer to city attorneys nationwide, who were looking for something to present their disgruntled councils.
After a two-year court battle, the case went before U.S. District Judge James Munley.
Munley ruled Hazleton's ordinance was at odds with federal immigration law. He also said it violated civil liberties afforded to all U.S. residents.
Even if federal law did not conflict with Hazleton's measures, the city could not enact an ordinance that violates rights the Constitution guarantees to every person in the United States, whether legal resident or not," Munley wrote.
Immigrant and Latino advocates called the ruling a definitive decision against local immigration legislation. Kobach told The Reader he thought Munley's decision was in error and that it would be overturned on appeal.
After the ruling was issued, Stein alluded to FAIR's desire to build more case law for a Supreme Court test. "We are confident that when higher courts review this case they will conclude that Hazleton's ordinances are a reasonable and lawful response to a real problem," he said.
To cope with the costs of the three year legal battle, Barletta set-up smalltowndefenders.com. The Mayor has appealed the case and vows he will never give up. After Judge Munley's ruling, the ACLU sued the city for $2.4 million in legal fees, nearly one-third of the city's annual budget. The suit has prompted a legal battle between the city and their insurance company over who will pay the bill. Hazleton has also spent a substantial amount on their own counsel. In 2007, Barletta said the city had already spent $200,000 in legal costs.
FARMERS BRANCH, TEXAS
In 2006, Farmers Branch, Texas became that state's first city to enact local immigration ordinances. The city council unanimously enacted measures that made English the city's official language, prohibited landlords from renting to those who could not prove their citizenship status and directed local law enforcement to target illegal immigrants.
The Mexican American Legal Defense and Education Fund and the ACLU promptly filed suit. U.S. District Court Judge Sam A. Lindsay granted MALDEF and the ACLU a temporary retraining order, holding off implementation of the ordinances while the case was pursued.
In 2008, Lindsay decided the city could not enforce the measures.
"Because Farmers Branch has attempted to regulate immigration differently from the federal government, the ordinance is preempted by the supremacy clause" of the Constitution, he said.
The court has already held, at least as a preliminary matter, that five different versions of the [previous] ordinance violate the United States Constitution . The new ordinance is yet another attempt to circumvent the court's prior rulings and further an agenda that runs afoul of the United States Constitution."
Recognizing the strong support for the ordinance in the community, Lindsay said "This is not the first time - nor will it be the last - that a court has held a politically popular ordinance to be unconstitutional," - a statement that may soon be painfully relevant to some Fremont residents.
The city council then adopted a measure that required renters to obtain a $5 occupancy license and state their immigration status - the same provision in the Fremont proposal. That measure is also being challenged in a Texas court by MALDEF.
The legal fight continues to drain the budget of Farmers Branch. In two years the city has paid an estimated $1.8 million in legal fees and continues to pay lawyers $85,000 a month, according to city Finance Director Charles Cox. Farmers Branch was also recently ordered to pay $470,000 to renters and immigrant activists who sued the city after Lindsay's ruling.
VALLEY PARK, MISSOURI
In 2006 the Valley Park city council enacted its first immigration ordinance. The measure was nearly identical to those of Hazleton and Fremont. It baned the hiring, or renting of housing to illegal immigrants. It required renters to obtain an occupancy license after their immigration status was verified.
The following year a judge in St. Louis County struck down the measure. Anticipating a defeat, the city council was ready another ordinance that would allow the city to deny or revoke business licenses to those who hired undocumented workers.
In 2007, U.S. District Judge E. Richard Webber ruled Valley Park could deny business licenses to those who hired illegal immigrants.
The Ordinance at issue is not preempted by federal law, to the contrary, federal law specifically permits such licensing laws as the one at issue," Webber wrote in the ruling that seemed to contradict Munley's decision in the Hazleton case.
The ruling marked the first, and arguably the only win in federal court for Kobach and local ordinances aimed at illegal immigrants.
FAIR'S local arm: Tough talk from Susan Smith
On March 1, 2006 more than 1 million immigrants and immigrant rights supporters marched in "A Day Without Immigrants" protests nationwide.
That's when Susan Smith realized "something was very wrong in this country."
Smith to began demonstrating with groups opposing illegal immigration and the increase of Latino influence in American culture. Smith eventually formed the Nebraska Advisory Group, a local organizing group for FAIR. Smith has also attend anti-illegal rallies in Fremont and testified before the Fremont city council in support of the proposed ordinance.
Smith was a featured speaker at this year's Omaha tax day "tea party," held by conservatives nationwide to protest the economic policies of President Obama. After her opening remarks, she paused. "Press one to continue in English," she jested, to a mix of boos and laughter from the crowd.
You talked a lot about illegal immigration at the tea party. Why?
Illegal immigration hugely effects our economy. Government mandates to have bi-lingual signs and ESL teachers, the cost of health care and the cost of additional crime, (illegal immigrants) effect us in our every day lives.
Your group (NAG) is affiliated with the Federation of Americans for Immigration Reform. FAIR has been labled a nativist hate group by some organizations, such as the Southern Poverty Law Center. Does that concern you?
Groups like the SPLC have no evidence to back up those statements on FAIR or any other group. The SPLC is an ultra-liberal group and if you oppose what they believe, you are a racist and a hatemonger. I've been called a racist and a hatemonger, and I'm not.
FAIR opposes illegal immigration because of the cost. If you go on their website, you won't see any racist material or hate speech. NAG recommends people to FAIR to stay abreast of what is going on at the federal level. We support them, they support us.
You have been critical of bilingualism in the U.S. Why?
In the U.S., English is the language. Here in Nebraska it is the official language. I don't expect the government in Mexico to have dual signage because I'm too lazy to learn Spanish. It's not their responsibility to make things easier for me on the backs of taxpayers. That's what's going on here.
Why do you think people come to the country illegally?
To get out of their war torn countries, where you've got the really rich and elite and the poor. Also the crime, like the drug wars in Mexico. I can't imagine living like that, can you?
Opponents of the Fremont ordinance have said it's divisive and ostracizes people in that community.
We're not ostracizing them, we're letting them know you're in this country illegally and you need to leave. We should role out the red carpet for people that are here legally, but for people here illegally, we want them to be uncomfortable. We don't want them staying.
Are you familiar with the Latino community on a personal level? Have you ever talked to an illegal immigrant?
No. I have nothing to say to them except get out of our country. They're not going to change my mind, and I'm not going to change theirs. Same for the groups that support illegal immigrants. The anti-American hatred they spew, tearing down Americans - it is absolutely disgusting. ,
28 May 2009
Close [X]
Comments
effect laws our federal government is not enforcing?
Why are cities and towns having to take them to court in the
first place?
What a pile of horse manure.