|
McCarthy won't quiet down, luckily Vegas' plan to run good news all around The people will decide the same-sex marriage issue Fireworks lovers are their own worst enemy Duck attack horrible, but tragedy is in youths He gave her the White House for celebration Recalls should be last resort, not first Barnett's views shouldn't be fodder for obsessive media High school district admits Bible blunder Gay marriage ruling an act of judicial tyranny June 06 July 06 August 06 September 06 October 06 November 06 December 06 January 07 February 07 March 07 April 07 May 07 June 07 July 07 August 07 September 07 October 07 November 07 December 07 January 08 February 08 March 08 April 08 May 08 June 08 July 08 August 08 June 06 May 06 April 06 March 06 February 06 January 06 December 05 November 05 October 05 September 05 August 05 July 05 Blog RollAsk The Californian Editorials Entertainment Eye of Bakersfield Faith Forum Fired Up! Inside Sports Neighbors Right Thinking Sound Off Talk of the Town
RSS 2.0![]() ![]() ![]() ![]() Share! |
|
|
Governor approves don't-ask-don't-tell policy for illegals
Despite all his tough talk about securing borders and immigration reform, Gov. Arnold Schwarzenegger last month signed AB 976, making California the first state in the union to prohibit landlords from asking tenants about their immigration status. Talk about your dubious distinctions. Not a single Senate or Assembly Republican voted in support of the bill, but the governor -- never one to fret over party loyalties -- signed anyway. The governor's approval of the bill made Bakersfield Assemblywoman Jean Fuller so mad, she fired off a letter to The Californian's editorial page, blasting the bill for "making it easier for illegal immigrants to stay" in the United States. "I was really angry on the floor when this passed," Fuller said. "Part of the reason I was so upset is the second part of the bill really trespasses on landlords' right to protect their businesses." The bill prohibits cities and counties from enacting ordinances requiring landlords to determine the immigration status of potential tenants and booting out those here illegally. Such an ordinance was enacted in the city of Escondido, where landlords who failed to comply would have been subject to substantial fines or the loss of their business licenses. The Escondido bill was challenged in court and quickly rescinded. So it's doubtful any city council that reads a newspaper would try that again, but Assemblyman Charles Calderon, D-Industry, penned the new bill anyway, slamming the Escondido ordinance for targeting "people of color." It didn't. It targeted illegal immigrants, but such rhetoric surely grabs at the hearts of landlords who fear the threat of possible legal reprisals. The problem now is Calderon's bill actually forbids landlords to even ask prospective tenants about their citizenship status. "The point of asking is so landlords can protect their financial assets from someone who is more likely to flee the country," Fuller said. "This bill is a special protection to a person who does not have legal status and is breaking immigration laws." Oddly enough, the Apartment Association of California Southern Cities and other apartment owner groups were among the measure's main supporters. Malcom Bennett president of the association, said the bill does, in fact, allow landlords to ask for the documents they need in order to protect their businesses. "We're not forbidden to do it, we're just not required to do it," Bennett said of citizenship inquiries. "We can verify a person's identity and credit history. We (landlords) know what we can ask for." Maybe so. But the don't-ask-don't-tell policy established by this bill sends yet another message to California's illegals that there's no rush to pack their bags just yet. *** Schwarzenegger may not have the final word on SB 777, the bill he signed banning anything in public schools that could have "a discriminatory bias" against homosexuality, bisexuality, transsexuality or "other alternate lifestyles." Laws that protect all children from harassment are already in force, but, in October, Schwarzenegger signed the ambiguously worded bill anyway. Californians voted several years ago to define marriage as between a man and a woman, but heaven forbid a teacher say so in the classroom. Unbelievably, the California Teachers Association and the California State Parent Teacher Association were among the supporters of this extremist piece of legislation. Now, some pro-family watchdogs are calling for a referendum to prevent the implementation of the bill, which goes into effect on Jan. 1. The Capitol Resource Institute must collect over half a million signatures to qualify for the June 2008 ballot and they need to do it quickly. They're looking for like-minded individuals and groups to help collect signatures. To find out how to help, visit www.saveourkids.net. 23 comments from 17 users
1
posted by
samheath
on Nov 24, 2007 at 08:00 AM
There is good reason for some saying the real America is found between California and New York, but not in either of these states.
posted by
Lingtaowoo
on Nov 24, 2007 at 08:46 AM
It looks like none of our elected officials really wants to tackle this issue...yup,they do have more rights than the U.S. citizen..remember this America when it comes time to vote,but for which evil..
posted by
adampayne
on Nov 24, 2007 at 09:16 AM
name. This does not prevent any financial background check by people, companies or organizations of prospective renters, but it does stop discrimination based on ethnicity in its tracks. I guess you and Jean Fuller favor discrimination. No surprise. Maybe you should check out the groups publicly in favor of this bill, and then find the lone right-wing nut group opposing it. Posted below is a portion of the state analysis on the bill. SUBJECT : Tenancy: tenant immigration or citizenship status SOURCE : Apartment Association of California Southern Cities DIGEST : This bill prohibits a city, county, or city and county from enacting an ordinance that compels a landlord to inquire, compile, report, or disclose any information about the citizenship or immigration status of a tenant or occupant or prospective tenant or occupant or that prohibits a landlord from offering or continuing to offer accommodations for rent or lease based on the citizenship or immigration status of a tenant or prospective tenant. This bill prohibits a landlord from conducting any of these acts independently. However, this bill does not prohibit the landlord from requesting information or documentation necessary to determine or verify the identity of a prospective tenant or occupant or to determine or verify CONTINUED AB 976 Page 2 the financial qualifications of a prospective tenant. ANALYSIS : Existing federal law has exclusive jurisdiction over immigration and citizenship matters. [Immigration and Nationality Act, Title 8, United States Code] Existing federal civil rights law prohibits discrimination by private businesses on the basis of a person's citizenship. [Cf. Duane v. Government Employees Insurance Co. (1994) 37 F.3d 1036, 1044 (4th Cir.), federal civil rights law prohibits denial of homeowner's insurance to non-citizen based on citizenship status.] Existing law, the Unruh Civil Rights Act, provides that all persons within the state are free and equal, and regardless of their sex, race, color, religion, ancestry, national origin, medical condition, disability, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments or every kind whatsoever and prohibits other arbitrary discrimination. Existing law, the Fair Employment and Housing Act, provides that it is unlawful to discriminate against or harass any person with respect to housing because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, or disability of that person. This bill prohibits a city, county, and city and county from adopting or implementing a statute, ordinance or regulation that compels a landlord or an agent of a landlord (1) to make any inquiry, compile, disclose, report or provide any information, or (2) to prohibit the offering or continued offering of accommodations for lease or rent, or (3) to take any action, regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant or prospective occupant of a residential rental property. This bill prohibits a landlord or any agent of a landlord from (1) making any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective AB 976 Page 3 tenant, occupant, or prospective occupant of residential rental property, or (2) requiring that any tenant, prospective tenant, occupant, or prospective occupant of the rental property to make any statement representation or certification concerning his or her immigration or citizenship status. This bill does not prohibit a landlord from complying with any legal obligation under federal law, or requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant or the identity of a prospective tenant or occupant. Background Last year, the City of Escondido adopted an ordinance that would have barred landlords from renting to undocumented immigrants and would have severely penalized landlords who failed to determine the immigration status of tenants and prospective tenants with fines and suspension of business licenses. The ordinance was immediately challenged in federal court by a coalition of civil rights groups. A temporary restraining order was issued by the federal judge and the ordinance was rescinded by the city council shortly thereafter. The challenge to the ordinance was based on several constitutional grounds as well as the federal preemption of immigration law and enforcement of that law. According to the author's office, during the period when the Escondido city ordinance was being challenged, landlords from several surrounding cities began screening rental applicants and prospective tenants "consistent with the intent and direction of the [Escondido] ordinance." The author's office also reports that citizens in the City of San Bernardino filed a ballot initiative that would have prohibited landlords from renting to undocumented immigrants. The initiative, entitled "City of San Bernardino Illegal Immigration Relief Act Ordinance," failed passage before the city council. Similar efforts have been undertaken in cities in Florida, Texas, and New Jersey, according to the author's office. Both the author and the bill's sponsor, the Apartment Association of California Southern Cities, note that the AB 976 Page 4 Escondido ordinance was patterned after a Hazelton, Pennsylvania ordinance passed in July 2006. That ordinance was suspended by court order pending a federal lawsuit challenging the ordinance. If passed, this bill will bar the adoption of similar ordinances by cities and counties across the state, thus obviating the need for associated legal challenges each time an ordinance is adopted. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/20/07) Apartment Association of California Southern Cities (source) American Civil Liberties Union Apartment Association of Greater Los Angeles Apartment Association of Orange County Asian Americans for Civil Rights and Equality California Labor Federation, AFL-CIO California Rural Legal Assistance Foundation California School Employees Association JERICHO Lambda Letters Project Mexican American Legal Defense and Educational Fund Santa Barbara Rental Property Association Western Center on Law and Poverty Western Manufactured Housing Communities Association OPPOSITION : (Verified 6/20/07) Concerned Women for America of California posted by
RoyTullis
on Nov 24, 2007 at 09:28 AM
posted by
samheath
on Nov 24, 2007 at 10:09 AM
No matter what opinion one has, there is no discounting Arnold's conversion to a politician, and one that would change our Constitution to allow him to run for President. That alone does not speak well for him.
posted by
robbwillis
on Nov 24, 2007 at 10:10 AM
Not a single Senate or Assembly Republican voted in support of the bill, but the governor -- never one to fret over party loyalties -- signed anyway. Maybe he's planning on passing it off as a bond issue. Californians love those. The "illegal alien bond act of 2007", yeah, that's the ticket! posted by
sfinboston52
on Nov 24, 2007 at 12:59 PM
posted by
witterpitters
on Nov 24, 2007 at 03:18 PM
posted by
jfrancais
on Nov 24, 2007 at 04:53 PM
Lessons for the day: 1) sexual predator=illegal alien=xenophobia. 2) illegal=against the law posted by
sagefever
on Nov 25, 2007 at 10:27 AM
posted by
Shsrebel10
on Nov 25, 2007 at 11:32 AM
Witters By you're logic, everyone that has broken the law should not have a place to live. Well in that case, lets evict everyone who has had a speeding ticket. posted by
NumberOfTheFallen
on Nov 26, 2007 at 07:55 AM
3876.
posted by
ChicoEsquela
on Nov 26, 2007 at 08:04 AM
sf, you are equating being an "illegal" alien with ethnicity, religion, sexual orientation? You sould like a bigot What part of the word "illegal" are you having trouble with? What if you renter was a child molester who was not registered? What if he were a fleeing felon? Do you get the point?
posted by
dgrealish
on Nov 26, 2007 at 08:18 AM
posted by
NancyII
on Nov 26, 2007 at 08:49 AM
Shrebel. There's a difference between having paid your dues for breaking the law, and actively continuing to break the law as in living here illegally. You know that and my guess is you knew what Witter meant. But, it's a good thing to spell out the exact meaning since some will pounce on you for not clarifying. For some I guess it's a matter of degree in breaking the law. Like say...shoplifiting a CD isn't the same as stealing a bicycle from a neighborhood isn't the same as robbing a bank. We can rationalize most anything to fit our agenda. posted by
randomfactor
on Nov 26, 2007 at 08:52 AM
I hope this DADT policy works better than the military one does. . Sure, it's a matter of degree. Failing to register your car or not having proper immigration papers aren't anything like being a bank robber or child molester. But some people can't "get" that. Their cry is "what part of 'illegal' don't you understand?" when they, themselves, don't understand. posted by
NancyII
on Nov 26, 2007 at 09:02 AM
Just for clarification. We can't ask about a persons legal status even when they most likely are in the country illegally. So if someone is "on the lamb" with a warrant out for failing to appear in court or some minor infraction, it's ok to rent to them too? (assuming we know or suspect it) This smacks of the argument about religion. (which some of you folks love to bring up) Just which laws do you feel are important enough to support? It may be that the guy down the street disagrees with you about which laws HE feels are important enough to obey or to support. Who is right? There's a reason laws are put in place and it isn't so that you (collectively) can decide which to follow and which to not follow. It should have nothing to do with prejudice or bias or personal opinion. posted by
Lingtaowoo
on Nov 26, 2007 at 09:32 AM
It seems like everytime someone starts to take action on this issue,someone throws it 2 steps back---ie:matching ssn# with the individual-etc...I really don't think our government wants to enforce certain laws...not good for future votes or the people that put them in their positions...
posted by
TomW
on Nov 26, 2007 at 09:47 AM
The problem now is Calderon's bill actually forbids landlords to even ask prospective tenants about their citizenship status. "The point of asking is so landlords can protect their financial assets from someone who is more likely to flee the country," Fuller said. "This bill is a special protection to a person who does not have legal status and is breaking immigration laws." Oddly enough, the Apartment Association of California Southern Cities and other apartment owner groups were among the measure's main supporters. Malcom Bennett president of the association, said the bill does, in fact, allow landlords to ask for the documents they need in order to protect their businesses. "We're not forbidden to do it, we're just not required to do it," Bennett said of citizenship inquiries. "We can verify a person's identity and credit history. We (landlords) know what we can ask for." Maybe so. But the don't-ask-don't-tell policy established by this bill sends yet another message to California's illegals that there's no rush to pack their bags just yet. Now I'm just confused. Would it be terribly difficult to check some facts? This is the new method of writing where you assert something, show it's wrong and then say reasonable people can disagree. I guess when reality doesn't work, you gotta just add doubt. posted by
Baylee
on Nov 26, 2007 at 10:23 AM
So let me see how this will work . An illegal wants to rent ,you ask him if he is legal us citizen , he says hey you cant ask that , you say I already did , he sues you in a U.S court for discrimination and is deported????
posted by
randomfactor
on Nov 26, 2007 at 10:26 AM
posted by
Baylee
on Nov 26, 2007 at 10:32 AM
Does an illegal have the right to sue someone in the Us court system?
posted by
NumberOfTheFallen
on Dec 2, 2007 at 08:27 PM
3882.
1
Our readers recommend: |