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City lacks power to regulate illegal immigrants
Courts have struck down attempts by local governments to handle illegals





By Jonathan Randles
Signal Staff Writer
jrandles@the-signal.com
661-259-1234 x519
Posted: Feb. 6, 2010  10:17 p.m.


Since the early 1990s, Santa Clarita officials have considered plans to address day laborers in the city, but the city can't do much to address the problem because issues related to illegal immigration are handled by the federal government, city officials said.

In 1996 the Santa Clarita City Council adopted an ordinance that attempted to regulate day laborers in the city, said Mike Murphy, the city's intergovernmental relations officer.

"(The ordinance) prohibited individuals from soliciting employment while standing in the public right of way," Murphy said. "It also prohibited an occupant of any vehicle from soliciting any person standing in the public right of way."

Santa Clarita adopted the ordinance from Los Angeles County and other cities in Southern California with similar laws, Murphy said.

Federal courts determined the county's ordinance violated citizens' First Amendment rights, Murphy said.

As a result, the ordinance is not used by Santa Clarita, he said.

Murphy said he searched three years worth of e-mails, and letters sent to the city to see if there had been complaints about day laborers in the city. In that time there had been a "handful of complaints," he said.

Not all day laborers are here illegally, Murphy said. And even for those workers who are, illegal immigration is not an issue for the city, but for Immigration and Customs Enforcement, he said.

"The issue of day laborers across the whole history of the city has been about trying to get our arms around it," Murphy said. "Federal law is very clear, the authority for immigration law is with the federal government and not local municipalities."

Santa Clarita staff examined the day labor issue in addressed in 2005 after Councilman Bob Kellar "expressed concern regarding the day laborer situation in the city," according to a council report from January 2005.

Murphy said the city has no estimates on the number of day laborers in Santa Clarita - the number is in constant flux, he said.

His best estimate for the number of illegal immigrants in the city is about 4 percent of the population - or about 7,000.

That is a rough estimate based on national trends, Murphy said.

At the City Council meeting on Jan. 26, a large crowd showed up, mostly to offer support for Kellar who days earlier delivered an inflammatory speech at a rally protesting illegal immigration.

City Council candidate David Gauny told the council to take a stand on illegal immigration before April's council election.

Council candidate TimBen Boydston said he would support the creation of a citizens' task force that could make recommendations to Council members on how Santa Clarita can address local issues related to illegal immigration.

Murphy said occasionally the city will get calls from people asking what the city does to address illegal immigration in the city.

The answer is usually that Santa Clarita's "hands are tied," he said.




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Brian:
February 07, 2010 - 11:59 AM

The city's hands are tied so we need the Feds, which the Tea party and conservatives want to diminish and have go away.

If we can't do anything locally, is it a good thing to have rallys to stir hate and discontent? Isn't that really what Kellar is espousing when he lends his voice to these extremist groups. Illegal immigration is impossible for a regular citizen to spot. How do you know someone is illegal? This issue loses its narrow focus because of this.

Face it, when they talk immigration issues they are not talking about illegal Swedes.

Aren't these groups advocating taking the law into their own hands, (Minutemen), and persuing vigilanty action?

NoAmnesty:
February 07, 2010 - 12:45 PM

Americas are soo tired of this problem. To many care of being called a racist. Let's face it. Illegal Mexicans. There I said it. If Americans are to lazy to demand that action happens from both state and federal then they need to quit whining. Write your mayor, senators, etc. demand e-verify for all jobs, citizenship checks for ANY public assistance and for the police to check every person that is pulled over for their citizenship status. That way the liberals won't gripe. Americas have become lazy and do not want to actually do something about it and just complain. Yes, I have contacted my "leaders".
Amnesty will kill America!

BobA:
February 07, 2010 - 01:07 PM

Our illustrious City Council would like the people to believe that the City cannot do anything about the problem of illegal immigration. They simply say: “It’s a Federal problem.”

That is simply not true. The fact is that the council does not want to tackle the issue.

The City of Lancaster, CA recently passed a law (Ordinance 934) that requires employers in that city to use the e-verify system to verify that new hires are US citizens. Failure to obey that law can lead to the loss of a business license. Other communities have passed similar laws.

Twenty-five people living in a residence? I have two words: Code Enforcement. The city can do plenty to curb illegal immigration. They just have to want to.

Of course, that means that city leaders will have to work to solve the problem, and it is far easier to just say, “It’s a Federal Problem.”

God bless you, Bob Kellar, you get it!

Robert Arkow
Sagus
Webmaster
www.RabbiForSenate.com

JuliaSimmons:
February 07, 2010 - 01:29 PM

Brian,

Well said, and thank you for saying it.

It is indeed vigilantisim. They are advocating taking the law into their own hands, and many in other parts of the country have already.

That is why the Minutemen are categorized as a hate group.

And demonstrates clearly why illegal bashing is not constructive - it has nothing to do with protesting government policies.

It's just racist rhetoric, discriminatory and prejudicial stereotyping. It's phony flag-waving nationalism, vigilantism, ad hominem attacks and straw men, which don't address the real issues or solve problems. They make the situation worse.

And Bob Kellar endorsed all this with his appearance and speech at the rally while in his official capacity representing the City of Santa Clarita.

There are things the city can do, and these need to be investigated and enforced, including the housing code enforcement BobA mentioned.

Council candidate TimBen Boydston's proposal to "support the creation of a citizen's task force that could make recommendations to Council members on how Santa Clarita can address local issues related to illegal immigration" sounds like an appropriate move in the right direction.

Brian:
February 07, 2010 - 01:46 PM

Could we stop the lies that liberals, progressives or left leaning citizens support ILLEGAL immigration?

That dog don't hunt!

SCVGuy:
February 07, 2010 - 02:12 PM

@BobA is 100% correct.
The citizens of Santa Clarita should be ashamed of the four council members that ducked the issue completely. Not even an option to review the matter further, build a task force, send someone to DC? Nothing. But in an election year with 3/5 of the council up for re-election, who wants to upset their swing vote constituents?

@Brian: How is supporting amnesty NOT in support for illegal immigration?
Please explain for us that don’t seem to understand.

Keep strong Mr Kellar.
This isn’t an issue we should stop discussing, or at least continue to encourage our City Council to START discussing. Santa Claritians should make it part of their decision at the polls this year.

JohnQ:
February 07, 2010 - 02:13 PM

All three incumbents seeking re-election have said that the City's hands are tied regarding anything that can be done locally. That's just not true.

These three have obviously been in office for too long. It's time for new blood on the City Council. We need open and responsive good government, and TimBen Boydston looks like a good pick for someone who is cool and constructive and moving forward on issues important to the people.

Brian:
February 07, 2010 - 02:41 PM

Who is supporting amnesty?

That's a mighty big brush you're painting with!

Sorry that people don't categorize so easily.

Joe91355:
February 07, 2010 - 03:54 PM

I sent an email to Mayor Weste on 12/30/09 suggesting that SC follow the City of Lancaster when they implemented Ordinance 934, requiring all business in their city to utilize E-Verify. Below is her email response to me dated 1/22/10. This just demonstrates that they do not want to take this issue on. Boot them all out of office except for Mr. Kellar and fire Ken Pulskamp because he is just as bad as the other three council persons.
________________________________________

Thank you for inquiring about the use of the federal E-Verify system to confirm the eligibility of potential employees based on their status as legal United States residents. Due to some legal concerns, the City is not mandating use of the system as a part of the hiring process of any local business at this time. However, in the meantime, I have asked staff to closely monitor all ongoing legal cases involving the use of the E-Verify system and to explore the possibility of using the E-Verify system in the future for contractors choosing to do business with the City.
Though the City does not itself use, nor mandate the use of the E-Verify system, I do want to stress that the City does not hire undocumented workers. In fact, in accordance with federal law, the City requires all potential employees fill out and submit a federal I-9 Employment Eligibility Verification form to the Department of Homeland Security within three days following their date of hire. If it is determined that the employee's employment eligibility cannot be verified, the employee's status with the City of Santa Clarita will be terminated.
Thanks again for writing. If you ever have any further questions or concerns feel free to contact myself or Ken Pulskamp, City Manager, at 661-255-4905 or via email at kpulskamp@santa-clarita.com.

Sincerely,

Laurene Weste
Mayor

really:
February 07, 2010 - 03:59 PM

We need to bring the feds here and in other cities. The rest of the council are wimps! At least Kellar stands up and tells it like it is.

Are the folks of this valley that stupid that they do not see these illegals draining our resources, schools, health care etc.

I firmly believe that they get crash courses before they cross the boarders ILLEGALLY how to rip us off.

Check out the free and reduced lunches in the school district, I bet that at least 50-75% are illegals. Remember that the fourth ammendment prohbits asking for doucmentation when you register a child in school.

Yet, we have our very own senior citizens, vets (who fought for this country) etc that can not make ends meet some even living on the street but we spend funds on illegals.

Something wrong with the country and city for not demanding a stop to this.

We need to vote out the whole congress, senate, state and local officals and show them that the taxpayers are being held hostage for this madness.

I am willing to contribute to chartering a bus to pull up in Newhall and drive them all back one way!

Remember, one flag one language one country.

Kellar for Governor!

Brian:
February 07, 2010 - 04:34 PM

Kellar has done nothing except draw bad PR to our valley. Has he done anything about the problem or is he just rabblerousing until someone gets killed?

politicsazusual:
February 07, 2010 - 05:09 PM

E-VERIFY !

Why is the council dragging their feet on this one.

Lancaster recently passed ordinance 934 requiring employers to use E-Verify on new hires! Failure to use E-Verify can lead to the loss of their business license.

Can City staff begin E-Verify as standard business practice for city employee's and contractors to the city by edict of the City Manager? Will the council draft an E-Verify ordinance BEFORE they run for re-election?

George, Cameron, Laurie, Laurene, Frank, Buck, lets OPENLY get behind this one!

The Legal Arizona Workers Act requires all Arizona employers to use E-verify.

Georgia requires all public employers and government contractors to use E-Verify.

Colorado requires prospective contractors use E-Verify to ensure legal work status of all employees.

The Mississippi Employment Protection Act requires all Mississippi employers to use E-verify.

Rhode Island Governor Carcieri issued an executive order requiring executive agencies to use E-Verify.

South Carolina has passed a law requiring public employers and public contractors to use E-Verify

ryantheray:
February 08, 2010 - 02:22 AM

The city of Santa Clarita is very lucky to have a man like Bob Kellar working for them. And what the rest of the city council should be doing is vacating their seats. To say that Mr Kellar is stirring up things and that that is bad goes against all that this country stands for. We need to discuss the topic of illegal immigration and deal with it. It has done enough damage to our towns and neighborhoods throughout California. Some kids can't even attend schools without being beaten because they don't act Mexican enough. I know who those kids are and it sickens me. No we won't sweep it under the rug anymore. If you see a black eye, I see a fight for right, and some things are worth fighting for. And you can bet this country is worth fighting for.

politicsazusual:
February 08, 2010 - 01:05 PM

LEAVE ACT (MILLER, R-DIAMOND BAR)

Meg, George, Cameron, Laurie, Laurene, Frank, Buck, lets OPENLY get behind this one. Please send a Mayor/City Council letter to Congress in support of the Leave Act and make LEAVE a pillar of your campaigns.

"Make it harder for companies to hire illegal immigrant workers, and those illegal immigrants won't be able to find work. If they can't find work, they'll leave." said Rep. Gary Miller, R-Diamond Bar. Miller introduced the Loophole Elimination and Verification Enforcement Act - not so subtly called the LEAVE Act - that would, among other things, require employers to verify they are hiring only citizens or immigrants who are allowed to work in the U.S.

Making it harder for employers to hire illegal immigrants, Miller said, can cut down the demand for illegal labor, which will eventually cut down on the supply as illegal immigrants return to their home countries.

CALIFORNIANS FOR POPULATION STABILIZATION
Rick Oltman, a spokesman for Californians for Population Stabilization, a group that lobbies against illegal immigration, said illegal immigrants have created an environment in which employers do not have to compete for labor.

anything:
February 08, 2010 - 08:46 PM

the Obama 'legacy'

*open boarders
*legalize dope
*dis-arm the American populace

coming soon to a neighborhood near you:
MASS DEPORTATION
(and not a moment too soon)

http://www.760kfmb.com/Global/story.a...

breacher:
February 09, 2010 - 06:19 AM

Julia and Brian truly are a pair of drama queens.Everyone but them are bigots or ignorant about illegal immigration.They live in their own little worlds surrounded by all these bad people in the SCV.To them illegals can do no wrong.They should try living in the real world for awhile and face the reality of how illegals are destroying the quality of life in this country.Maybe they would be kind enough to house these illegals in their homes and teach them how to speak English ETC.They could call their group the Locos en la cabezas club.They all could share stories about their cats together.If I had a choice between the minutemen or Brian,Julia and their ilk,I'll take the minutemen anyday.Vigilante justice?You two truly are in bizarro world.Oh well what ever those voices in your heads tell you.

Raphokon:
February 09, 2010 - 11:51 AM

FEDERAL GOVERNMENT GET OFF YOUR BEHIND!!!!

happymominscv:
February 09, 2010 - 12:13 PM

"Not all day laborers are here illegally", well then they ae lazy as*es that would rather sit around with their illegal buddies and drink beer all day!! Why aren't they working? This problem is out of control. The government make it sound so complicated, well, it's not! This is what we need to do:
* Don't employ them!
* Don't give them free money!
* Don't give them food stamps!
* Don't give them free medical care!
* Don't give them money for housing!
* Don't educate their kids!
* Locals need to stop offering "free" services to them!
If we stoped all this, what would be the reason for them to stay? They wouldn't be able to stay alive! They would go back to their country!
**Please remember: If you can't feed 'em, don't breed 'em!!!

happymominscv:
February 09, 2010 - 12:17 PM

Oh yeah... I almost forgot. Stop posting your advertising in SPANISH!!!! We are in America! If you can't speak English, you need to go! I shouldn't have to speak Spanish!

breacher:
February 09, 2010 - 11:38 PM

People come here from Africa,Asia,Middle East and the majority that I have met can speak English.Why cant Latinos.Is it a cultural thing,a lack of education thing or what?Please enlighten us.Seems like it's time to catch up with the rest of the planet.Hell even when I was in Somalia,I found people who spoke English very well.What gives?Por que?

ajones999:
February 11, 2010 - 11:48 PM

@ L.Weste: Calling an Illegal Alien an 'undocumented worker' is like calling a Drug Dealer an 'unlicensed pharmacist.'


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