"The problem is not just in the border states, it's right here," Councilman Walter Bailey said shortly before they voted 4-2 to give first approval to the ban, which would also, in most cases, keep illegal immigrants from working in the town about 20 miles from Charleston.
About 100 people gathered in the town hall for the meeting and the 20 or so who addressed the council during 90 minutes of public comments were about evenly divided between supporters and opponents.
Under the ordinance, up for final approval next month, renters would have to prove they are American citizens or in the country legally. A verification form would have to be filed with the town.
Victoria Middleton, the director of the American Civil Liberties Union in South Carolina, warned the council that there are questions about the constitutionality of the ordinance, adding immigration is not a local issue.
"Congress and the Constitution give the federal government the power to enforce immigration," she warned. She said local communities have spent upward to $1 million in futile efforts to impose such laws.
"I'm offended by the intimidation of the ACLU," Bailey said later. "If they want to challenge us to a lawsuit, I accept that challenge."
The immigration debate has moved to the political forefront since Arizona passed a contentious measure that among other provisions instructs police to question whether people are in the country legally when they are enforcing other laws. A federal judge has since blocked that and others parts of the law from being enforced.
According to the National Conference of State Legislatures, lawmakers in 44 states passed 191 state laws and adopted 128 resolutions on immigration in the first six months of this year. Five were vetoed.
There are numerous local immigration ordinances across the country, too many to track, said Vivek Malhotra, the national advocacy and policy counsel for the American Civil Liberties Union.
Summerville Councilman Mike Dawson suggested the housing and harboring regulations be deleted from the ordinance — a motion that failed for lack of a second.
"A lawsuit is not just a possibility, it's a certainty," he said, adding that town insurance probably won't cover the cost of a constitutional challenge.
Councilman Aaron Brown said it's the town's responsibility to provide basic services such as fire and police protection.
"One of the problems with this ordinance is it goes beyond what the town owes you," he told the audience, adding new businesses won't want to locate in a town where there is a controversy over immigration.
Councilman Bob Jackson, who supported the ordinance and who owns rental units, said the paperwork required by the proposal is not much more than what rental agents do now to check tenants.
"The illegals entering are hurting everybody, including the people who are waiting to come here legally," he said.
"This is not a town issue, it's a federal issue," said Diane Salazar who described herself as a leader of the local Latino community. "Are you as a town ready for a civil rights lawsuit?"
Bailey, a former state prosecutor, said the ordinance was prompted in part by the Obama administration's challenge of the new Arizona law that was to have taken effect last month.
"I am frustrated the federal government is doing nothing," he said. "If we don't do this we might as well put signs up on every road into town welcoming illegal aliens."
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If you broke the law coming to this country you belong in jail. We put Us citizenz in jail when they break the law. So why should we want illegal lawbreakers here. Maybe the ACLU should worry about american citizens and not so much about the crimanal illegals rights. I hope the ACLU goes to the poor house
Posted by: tortadon
Does the ordinance include the original proposal that would EXCLUDE domestic workers and independent contractors?!?!? If the exclusions are still written into the ordinance, this is plain and simply racism with overtones of slavery. Yeah, I said it! It's saying we want illegals building our homes and cleaning our hotels rooms for $2/hour...but not living here. I'm all for enforcing current immigration laws, but this encourages the use of illegal labor. Can someone direct me to the ordinance text?
Posted by:
Just think if the Economy was strong like it was this would not be an issue. we always put blame on the weak when things don't go our way. Who is entitled to here asked the Indians. This country was built by every nationality not one ane we need each other to bounce back. no jobs are being lost to Latinos, who do you think they work for? we hire them as under cover and pay them nothing yet blame them for taking our jobs. Wake up walter Bailey.
Posted by:
Illegal immigrants are ILLEGAL its not about racism. Its not just about the economy its public safety also, when people are here illegaly there is no record of them, fighting crime against people who on paper do not exist is quite a bit more difficult. My family would not be here if it were not for immigration by no means do I think that immigrants are a bad thing but they must follow the laws. There is a reason we have the laws we do and that reason is not so certain people can break them simply because they are of a different race.
Posted by:
And we have the right to demand you be the decent, intelligent people we expected for our tax dollars: dollars given your schools and not taken from your church. Put down the gun and pick up your character; open a book, your mind, your heart - not a beer; be a Christian, not one who beats others numb with his "Christian values." Look up your family history: if its roots are not planted in American soil (and they aren't), stop talking about aliens, immigrants, and foreigners. You barely speak English and know almost nothing about this country; if those factors are used to decide who belongs here, start packing your bag. Maybe we can build a wall around Utah and all of you can go there. You can swell with unfounded pride and ... whatever. Take with you the guys you voted into office. Don't write for food or money, and take your guns: you'll need them - against each other. We have plenty of seats for hispanic students: well over 50% of our "American" freshman drop out before graduating. Go to the most prestigious US colleges: the number of graduates who are children-of-recent-immigrants is huge. If you're angry that they're taking jobs that you can't do, anyway, it's your fault, not theirs. They are Americans. You are an embarrassment. Let me help you with your bags.
Posted by: my ancestors, like yours, were immigrants, too
Thumbs up to Sick and Tired and a Friend of Town. This is pathetic. An American who fought for freedom demands curtailing freedom and that people speak English when he can't -- like too many other commentators. Make it illegal in Summerville to drop out of school and to rent if born in the US but unable to speak and write English correctly. Per the Constitution, immigration is the business of the national, not state or town, government. (Bailey, the ACLU was trying to tell you what you should have known, to save the town money. Be quiet; you've embarrassed yourself enough.) All you descendants of immigrants who are against immigrants, please learn enough to be embarrassed by the anti-intellectualism of the ignorant and their yelling about gittin the govmint outta our biznis. Understand that ignorance makes you the problem so no one can take you seriously. We need a strong central government and SC needs the country because so many of her own are so ignorant. The people hurting you are not the federal government, aliens, or the hundreds of others you love to hate. They are you and the people you put in office who tell you the world is trying to take away "your rights." You have the right to think, learn, open your heart, act according to the religious beliefs you spout without knowing what your religion actually says. You have the right to expect the people you put in office to create jobs, work for the people and not themselves, fill the potholes and not their pockets. Exercise your rights!
Posted by: my ancestors, like yours, were immigrants, too
My question stands, however. If the exclusions are still written into the ordinance, this is racism. It's saying we want illegals building our homes and cleaning our hotels rooms for $2/hour...but not living here. I'm all for enforcing current immigration laws, but this appears to encourage the use of illegal labor. Can someone direct me to the ordinance text? Perhaps the exclusions were deleted when the ordinance was rewritten? About illegals choking our school sytem...stick to the facts, please. Summerville's hispanic population is somewhere between 2-4% and most of those are here legally. So your response is kind of - well, you know - xenophobic. Choking the school system, I think not. A liberal estimate of Summerville's illegal population, consistent with statewide statistics, would be more like 1%.
Posted by:
This ordinance is not xenophobic, nor is it racially motivated. It is based on the LAW. Summerville has nothing against immigrants. There is an ESTABLISHED process for immigrating to this country. This ordinance is aimed at those who BREAK THE LAW and come here illegally. The person who reminded the town council we need to fund education not lawsuits is oblivious to the fact that these ILLEGAL immigrants are choking our school system and harming the education system for those here LEGALLY.
Posted by: Get a Clue and STOP blaming everything on racism
Does the current ordinance include the exclusions originally proposed that would exclude independent contractors and domestic workers? If so, this is the height of hypocrisy - and racism - and will cost the town untold thousands of dollars in litigation.
Posted by:
I heard of your ordinance on illegals. YOU ARE MY HERO'S You should see the "Barrios' where the illegals live that used to be nice, Now they are leaving to Utah, New Mexico and Washington. There are ton's of vacant apartments, that they trashed while living there. So stick to your guns, don't give in to the bleeding liberals. The illegals here have babies so they qualify for welfare. The men sometimes work, but it for cash. They suck our economy dry. Hang in there.
Posted by: Jone
aliens go back whatever u belong geez u dont belong in our USA and STOP stealing our jobs!!!!!!!!!!!! go home aliens
Posted by:
IF your here without the proper papers you have broken the law. I don't want my town filled with a bunch of law breakers. I also think that their should be limits to the amount of aliens per community. This would help them become Americans speaking english not a group of forieners living in our country. If you want to be a US citizen fine. If you want to be a citizen from another country stay their.
Posted by: vietnam veteran
AS a resident of Summerville I would like to remind Town Council that we need to fund education not law suits.
Posted by: A Friend of Town
I hope summerville does get sued. This ordinance is racist, xenophobic, and absolutely exceeds local government power to "regulate" a national concern.
Posted by: Sick and tired of a nation of immigrants, attacking immigrants
let's get the Federal government out of state and local concerns. Too much federal regulation and not enough federal accountability
Posted by:
I live in Savannah, GA and just read the article about your town banning illegal immigrants. I applaud you!!!!! I wish Savannah would also do the same thing. There are too many illegals taking the jobs of local citizens!
Posted by: Jane
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