Posted on 07/13/2007 4:52:49 AM PDT by chambley1
So it begins.
The Puerto Rican Legal Defense and Education Fund is threatening to sue Prince William County over its anti-immigration resolution.
"Let 'em sue us. We're ready for them," said Prince William Chairman Corey A. Stewart, R-at large.
"If we have to, we'll start up a legal defense fund," he said.
The Prince William Board of County Supervisors passed the resolution Tuesday aimed at cracking down on illegal immigration.
The resolution, which was introduced by Supervisor John T. Stirrup, R-Gainesville, directed police to ask about the immigration status of people they detain, if they have probable cause to do so.
It also directed county police to select officers to train and work with the Department of Homeland Security's Immigration and Customs Enforcement, or ICE, to enforce national immigration law.
The resolution also directed the county executive's office to determine which services the county can and can't restrict based on immigration status and report the findings to the board within 90 days.
Cesar Perales, the president and general counsel for the New York city-based defense and education fund, said his organization is prepared to sue if the county does not rescind the resolution.
Perales believes the resolution can be successfully attacked for violating the 14th Amendment.
"Basically the 14th Amendment says that you have to treat everybody equally and that you can't disadvantage a particular racial, ethnic or nationality group," Perales said.
The resolution would preempt equal treatment in a county that is about 18 percent Hispanic, he said.
"When you take the resolution and read it as a whole, it basically says, 'We're going after immigrants,' " Perales said. "Implicitly - given the demographics in the county - you're talking about Latino immigrants."
Stewart said that 1982 Plyler v. Doe Supreme Court decision held that children of illegal immigrants could not be denied an education, but established that illegal immigrants were not protected under the 14th amendment.
"Even that case affirmed that being an illegal immigrant is not a protected class under the equal protection clause, therefore it's not a violation of the equal protection clause," Stewart said. "The fact is, we're going after illegal immigrants and we're going to take every precaution we can to make sure that there is no racial profiling."
Stewart and Stirrup say the idea is to ultimately change the county ordinance so that illegal immigrants can be denied service where denying service doesn't offend state and federal laws.
Perales said it might be the time to sue once the ordinance is enacted.
"It might necessitate waiting for an application of it," Perales said of the possible ordinance. "But either way it's clearly subject to attack on the basis of the 14th Amendment."
Stewart said the organization is "blowing smoke."
"This thing will be easily dismissed in court," he said.
A court challenge might be good for the resolution and eventual ordinance change he and Stirrup want, Stewart said.
"If they do challenge it, I'm confident that it will be dismissed and it will further strengthen the resolution and send a message that this thing is legally enforceable," Stirrup said
Carl Tobias, a professor at the University of Richmond School of Law, said it might be a little early for anyone to sue the county, but Perales might be able to convince a judge to rule on the resolution.
The threat to sue might also be an opening shot to make the supervisors stop and think, Tobias said.
"It may be wise strategically, and as a matter of procedure, to give them notice and give them an opportunity to reconsider," Tobias said.
Perales also said that counties can't step on federal laws and enact immigration ordinances.
"It is the federal government that controls immigration," he said. "You can't have every county in America deciding to make immigration laws."
Tobias said there were precedents for localities enforcing federal law, such as the ICE program.
Illegal immigrants are not US citizens and should have NO legal standing in the courts other than a defense for criminal charges.
“Hi! I’m here illegally and I demand my rights!”
What a crock of *&^%$.
I’m scratching my head trying to figure out why a group dedicated to Puerto Ricans, who are Americans not immigrants, would be up in arms over a declaration about illegal aliens.
It is simply impossible to be both a Puerto Rican and an illegal alien.
All I can come up with is a case of generalized left wing hysteria...
What standing does any Puerto Rican have to bring a case? No PR is an illegal immigrant in the USA, is that correct?
“”It is the federal government that controls immigration,” he said. “You can’t have every county in America deciding to make immigration laws.”
WRONG!
The federal government controls immigration between national borders. NOT on the State level.
States can enact their own laws dealing with ‘illegal’ residence the same way a state can deny me admission (being a citizen) based on my background and criminal history.
Illegals are ‘criminals’ by default.
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