“A City Of The First Class”; Federal Court Upholds Ban On Undocumented Immigrant Renters, Ruling Cities Can Keep People Out
In a significant win for the anti-immigrant movement, a federal appeals court upheld a Nebraska city’s statute Friday that bans renting property to undocumented immigrants, holding that the law was neither preempted by federal law nor discriminatory.
In a 2-1 opinion, Judge James B. Loken rejected the rulings of several other federal appeals courts that federal immigration regulation precludes local prohibitions on the “harboring” of undocumented immigrants. Reasoning that cities and states are perfectly entitled to keep undocumented immigrants out of their borders, Loken and fellow Republican appointee Steven Colloton upheld a statute making it unlawful to hire, rent to, or otherwise “harbor” an undocumented person in Fremont, Nebraska, dubbed a “city of the first class.”
“Laws designed to deter, or even prohibit, unlawfully present aliens from residing within a particular locality are not tantamount to immigration laws establishing who may enter or remain in the country,” Loken, a former Nixon advisor and George H.W. Bush appointee, wrote for the majority.
In support of this proposition, Loken cites to a footnote in a U.S. Supreme Court decision that, ironically, affirmed the right of undocumented children to obtain a public education. In that footnote, the court recognized, as an aside totally separate from the contrary holding in the case, that a law is not necessarily invalid merely because it imposes an unequal burden on undocumented immigrants.
Fremont’s law does far more than impose an unequal burden on undocumented immigrants. In requiring all rental applicants to register with the city and prove their citizenship, the city of Fremont is not only effectively removing many undocumented immigrants from its jurisdiction; it is also making its own separate determination of lawful presence in the United States, without the assessment and due process that accompanies federal removal.
Just last year, the U.S. Supreme Court reiterated the breadth of federal supremacy in the field of immigration law in striking down key elements of Arizona’s controversial SB 1070, writing that no state or local government is allowed to “achieve its own immigration policy.” And as the U.S. Court of Appeals for the Third Circuit explained in striking down an almost identical provision prohibiting the “harboring” of illegal immigrants, these sorts of local laws attempt to remove undocumented persons from the city “based on a snapshot of their current immigration status, rather than based on a federal order of removal.” Dissenting judge Myron Bright explained:
This produces conflict with federal law because unlawful presence or undocumented status is not in every case equivalent with removability or with eventual removal. “Under federal law, an unlawful immigration status does not lead instantly, or inevitably, to removal.” Additionally, undocumented persons are afforded numerous procedural protections under federal law before an order of removal may issue. The federal government will sometimes exercise its discretion not to prosecute a removal, “thereby tacitly allow[ing] the presence of those whose technical status remains ‘illegal.’ ” Even once a removal proceeding is commenced, it is far from certain it will result in removal.
This ruling is a major win for Kansas Secretary of State Kris Kobach, who profited handsomely from drafting this provision for Fremont and several other cities around the country.
By: Nicole Flatow, Think Progress, July 1, 2013
“An Imaginary America Of The Past”: The GOP Pays The Big Price For Bashing Latinos
At last, bipartisan agreement! You don’t need a degree in political science to know this: demonizing and alienating the fastest-growing group in the country is no way to build long-term political success. Pair that with the fact that demonizing any group of Americans is un-American and just plain wrong. But in recent years, Republicans, and especially party standard-bearer Mitt Romney, just haven’t been able to help themselves. In an effort to win over a shrinking and increasingly extreme base, Romney and team have sold their souls to get the Republican presidential nomination. And they went so far to do it that even their famous etch-a-sketch won’t be able to erase their positions.
As Mitt Romney knows, the slipping support of the GOP among Latinos is no mystery. We’ve seen this movie before, in 1994, when Republican California Gov. Pete Wilson pushed anti-immigrant smears to promote California’s anti-immigrant Prop. 187, which in turn buoyed his own tough reelection campaign. It worked in the short term — both the ballot measure and Gov. Wilson won handily — but what a long term price to pay as California became solidly blue for the foreseeable future.
We’re now seeing what happened in California at a national scale. Harsh anti-immigrant rhetoric helped Romney win the Republican primary. But in the general election, it may well be his downfall.
In case you tuned out Romney’s appeals to the anti-immigrant right during the primaries, here’s a quick recap. He ran ads specifically criticizing Sonia Sotomayor, the first Latina Supreme Court justice. He says he’d veto the DREAM Act, a rare immigration provision with overwhelming bipartisan support. He took on anti-immigrant leader Kris Kobach, architect of the draconian anti-immigrant measures in Arizona and Alabama as an adviser, then said his immigration plan was to force undocumented immigrants to “self-deport.” He even endorsed Iowa Rep. Steve King, who suggested building an electric fence at the Mexican border, comparing immigrants to “livestock” and “dogs.” Romney’s new attempts to appeal to Latino voters are clearly empty — he’s already promised the right that he will use their anti-immigrant rhetoric whenever it’s convenient and shut down any reasonable attempts at immigration reform.
If President Obama wins reelection, however, we have a real chance for real immigration reform. He told the Des Moines Register last week that if reelected he will work to achieve immigration reform next year. Beyond incremental steps like his institution of part of the DREAM Act by executive order, real comprehensive immigration reform would finally ease the uncertainty of millions of immigrants and the businesses that hire them. It’s something that George W. Bush and John McCain wanted before it was thwarted by extremists in their own party. It’s something that Mitt Romney clearly won’t even try.
If President Obama wins, and especially when he wins with the help of Latino voters turned off by the GOP’s anti-immigrant politics, he will have a strong mandate to create clear and lasting immigration reform. And Republicans will have to think twice before hitching their futures on the politics of demonization and exclusion. Whereas George W. Bush won 44 percent of the Latino vote in 2004 and John McCain 31 percent in 2008, Mitt Romney is polling at just 21 percent among Latinos. That’s no coincidence.
My group, People For the American Way, has been working to make sure that the GOP’s anti-Latino policies and rhetoric are front and center during the presidential election. We’re running a comprehensive campaign aimed at the large Latino populations in Nevada and Colorado and the rapidly growing Latino populations in Iowa, Wisconsin, Virginia and North Carolina. In each of those states, we’re strategically targeting Latino voters with TV and radio ads, direct mail, Internet ads and phone banking to make sure they hear the GOP’s message about their community. In Colorado, we’re going up against Karl Rove’s Crossroads GPS, which knows just as well as Romney that the loss of Latino voters “spells doom” for Republicans. In all of these states, higher turnout among Latinos motivated by Mitt Romney’s attacks could swing critical electoral votes.
This is a battle where the right thing to do and the politically smart thing to do are one and the same. Republicans have embraced racially-charged attacks against Latinos, pushed English-only laws, attempted to legalize racial profiling by immigration enforcement, dehumanized immigrants and even attacked the first Latina Supreme Court justice for talking about her heritage. They deserve to lose the votes of Latinos and others for it. This presidential election is a choice between right-wing scare tactics — the last resort of those fighting to return to an imaginary America of the past — and policies that embrace and celebrate our growing Latino population as an integral part of what is the real America.
By: Michael B, Keegan, President, People for the American Way, The Huffington Post, October 30, 201
Russell Pearce: Romney “Absolutely” Called Arizona Immigration Bill A National Model
Mitt Romney had the most conservative immigration policy of any Republican presidential candidate during most of the primary, but now that’s he trying to appeal to Hispanic voters as he pivots to general election, the presumed GOP nominee has been shifting back towards the center. Yesterday, he opened the door to a Republican alternative to the DREAM Act — a law he vowed to veto during the primary — and earlier, he said that he never called for making Arizona’s harsh immigration law a “model” for the nation.
But that’s not how one of the key people behind that law, former Arizona Senate President Russell Pearce, sees it. The former Republican lawmaker, who was ousted in a recall election, was the key force behind turning SB-1070, authored by Romney adviser Kris Kobach, into law.
He told reporters today that he “absolutely” believed Mitt Romney had endorsed the law as a model for the country. The Huffington Post’s Elise Foley reports:
“The folks that he’s said [are] his advisers on this, I have worked with for years and have great confidence and trust in them,” Pearce told reporters after a Senate subcommittee hearing on the immigration law. “I know Romney is a compassionate man, most of us, I’d like to think, are. But I think he also understands the crisis and the damage to this republic and the need to enforce our law.” […]
Romney also has advocated for what he called “self-deportation,” or making things difficult for undocumented immigrants until they decide to leave, one of the central tenets of the Arizona law. […] “[Self-deportation] is in SB 1070,” Pearce said.
Previously, Pearce has said that Romney’s “immigration policy is identical to mine.”
Romney has tried to distance himself from Kobach, who also helped author the controversial immigration crackdowns in Alabama, South Carolina, and other states. But Kobach quickly contradicted him, saying he regularly advises senior members of Romney’s staff.
By: Alex Seitz-Wald, Think Progress, April 24, 2012
“What A Revolting Development This Is”: Romney’s Immigration Adviser Says Mitt Won’t Support GOP DREAM Act
During the GOP presidential primary, Mitt Romney staked out the most extreme position on immigration of any Republican candidate. Romney even campaigned with his immigration policy adviser Kris Kobach, the author of Alabama and Arizona’s harsh immigration laws, on Martin Luther King Day.
Now that Romney is the presumptive nominee, he’s trying to soften his immigration rhetoric to win over Hispanic voters. The Romney campaign even tried to publicly downgrade Kobach from “adviser” to mere “supporter” yesterday — an effort that failed after Kobach refused to play along.
Nor is this the only example of Kobach refusing to let Romney etch-a-sketch away his harsh positions on immigration. After Romney said over the weekend that Republicans need to embrace a Republican DREAM Act to win over Hispanic voters, Kobach told the Washington Post’s Greg Sargent that the former Massachusetts governor will not support any version of the DREAM Act that offers a path to legal status — like the GOP version Sen. Marco Rubio (R-FL) plans to introduce. And he added that no Republican should support such a proposal:
[Kobach] stated flatly that he didn’t think Republicans — or Romney — should, or would, support any version of the DREAM Act that provides undocumented immigrants with any kind of path to legal status.
If Romney sticks to this — and Kobach said he would — there’s very little room for him to moderate his approach to immigration. In addition to advising Romney on immigration, Kobach is a national GOP voice on the issue, suggesting the right would not permit any move of this kind.
“I’d absolutely reject any proposal that would give a path to legal status for illegal aliens en masse,” Kobach said. “That is what amnesty is. I do not expect [Romney] to propose or embrace amnesty.”
Details of Rubio’s proposed DREAM Act have not been announced, but the first-term senator has outlined a plan that would not offer a direct path to citizenship but would enable them to remain in the country legally. Despite his promise to veto the DREAM Act earlier in his campaign, Romney told a crowd at a private fundraiser that he wants a Republican DREAM Act to make the GOP the party of “opportunity.”
But if Rubio’s plan includes a path to legal status, or if Romney supports a plan that does, then Kobach said it would be an “unacceptable” proposal. “A path to legal status for someone who is here illegally is amnesty by definition,” he said. “It gives the alien what he has stolen.”
By: Amanda Peterson Beadle, Think Progress, April 18, 2012
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