'You are going to see this decision quoted by cities across the country'
The right of a small town in Missouri to deal with the cost and crime
caused by the influx of illegal aliens has been upheld by a federal
judge who ruled the community's ordinance penalizing local companies
that hire undocumented workers is not pre-empted by federal law, does
not discriminate against Hispanics and does not violate due-process
rights or state law.
The ruling late Thursday by U.S. District Judge E. Richard Webber was
in favor of Valley Park, Mo., located about 20 miles west of St. Louis.
Valley Park is one of several cities across the U.S. that have
attempted to address the problems resulting from illegal immigration
and the failure of the federal government to address the issue.
City officials have been in court since 2006 after passing the town's
first immigration law fining landlords who rent to illegals and
suspending business permits of companies that hire them. The city
eventually repealed the rental ordinance but continued to target
businesses.
WND has reported on dozens of towns – including Hazleton, Pa.,
Manassas, Va., Bridgeport, Pa., Prince William County, Va. and Cape
Cod, Mass. – that have adopted similar local ordinances.
WND has also reported on statewide crackdowns in Oklahoma and Arizona.
This week's Valley Park decision is the first time a federal court has
ruled in favor of such an ordinance. Last year, an almost identical law
in Hazleton, Pa., was struck down by another federal judge in a
different district.
"It's an across-the-board victory," attorney Kris Kobach, who
represents Valley Park and Hazleton, told the St. Louis Post-Dispatch.
"You are going to see this decision quoted by cities all across the
country."
Kobach noted Judge Webber rejected arguments the local ordinance
violated the clause to the Constitution giving exclusive jurisdiction
over immigration law to the federal government.
Michael Jung, an attorney for Farmers Branch, Texas, which is defending
a similar ordinance, agreed.
"[The judge's] approach ... is to say that Congress has not taken over
this whole subject matter and shoved the states out of the way," Jung
told the Dallas Morning News.
Additionally, Webber rejected claims the ordinance discriminated
against Hispanics.
"The only authority granted to employers under the ordinance is the
authority to refuse to hire an individual who fails to provide the
documentation, required by federal law, showing employment status," he
wrote in his 57-page ruling.
Jung expressed optimism the Valley Park ruling could positively
influence his case on behalf of Farmers Branch, but the town's mayor
pro tem was more cautious.
"A court opinion from a jurisdiction that's different from the one we
are in is not binding on our jurisdiction, so I'm not going to sit up
and tell you, 'Great, that's going to make ours go through,' " Tim
O'Hare said. "But I can tell you that it can't hurt. Judges do look at
what other jurisdictions are doing."
This week's decision 'is vindication for this small city," Kobach said.
"The city stood firm and didn't back down."
But, he noted, with the contradictory rulings in Hazleton and Valley
Park, "now you have two diametrically opposed decisions from the
federal courts."
In a prepared statement, Lucas Guttentag, the ACLU's immigrants rights
project director, said, "If every city and town across the country were
allowed to enact its own immigration laws, we would end up with chaos
and confusion causing discrimination and profiling against individuals
based on their appearance, accent and ethnicity."
Original
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Federal judge: Law penalizing businesses that hire illegals OK
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