Groups ask judge to stop Escondido ordinance from going into effect

By: TERI FIGUEROA and DAVID FRIED - Staff Writers | Wednesday, November 8, 2006 11:23 PM PST

ESCONDIDO -- The same coalition of civil rights groups and private attorneys suing to strike down a controversial ordinance that prohibits Escondido landlords from renting to illegal immigrants also is asking a federal judge to put the brakes on the new law before it goes into effect on Nov. 18.

Court papers filed Tuesday afternoon by the American Civil Liberties Union and other organizations question the constitutionality of the law, which the Escondido City Council passed 3-2 last month, and asks the judge to make the city put the law on at least a temporary hold.

"It is a necessary first step to placing a hold on this unconstitutional law so that it is not enforced and so that we can stop it in its tracks while we litigate the issue of whether it should be stricken down entirely," said David Blair-Loy, legal director for the ACLU of San Diego and Imperial counties.

City Attorney Jeffrey Epp could not be reached for comment, but has said he believes the ordinance will hold up in court and that the lawsuit and request for a temporary restraining order were expected.

The decision to stop the ordinance from taking effect in 10 days is in the hands of U.S. District Judge John Houston, who is also overseeing the larger suit.

Houston has given the city until Monday to respond to the ACLU's request and has scheduled a hearing on the restraining order for Nov. 16.

"We're hoping that it (Houston's decision) comes before the ordinance goes into effect," ACLU spokesman Rebecca Rauber said Wednesday afternoon.

Under the city's rental ban, landlords found to be "harboring" illegal immigrants would have 10 business days to remove the tenants, or face penalties ranging from suspension of their business licenses to fines of up to $1,000 a day and six months in jail.

The larger suit from the ACLU and others, which asks the federal court to declare the city's rental ban illegal and unconstitutional, had been expected since before the City Council passed the measure last month.

The lawsuit was filed on behalf of two Escondido landlords as well as two anonymous women who live in the country illegally, have children who are U.S. citizens and say their families would be displaced if the measure is enforced.

The request to keep the city from enforcing the ban for the time being includes many of the same basic arguments raised in the larger suit questioning the constitutionality of the case.

The Escondido ordinance is based on part on a broader law passed this summer in the city of Hazleton, Penn. That law also is under fire from the ACLU and other groups, who sued to stop it.

On Oct. 31, the day before the Hazleton law was to go into effect, a federal judge granted the request from opponents that the city hold off on putting the law into action. The temporary restraining order in the Hazleton case expires on Nov. 14.

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42 comment(s)[-]Go to Top

Al wrote on Nov 8, 2006 10:32 PM:The will of the people of Escondido placed this ordinance in affect and now these whinners are attempting to stop it! The same folks who broke laws by being here ILLEGALLY are opposing more laws on the books. Just pathetic. The alw is the law, just enforce it your judgeship!

Judicial Notice wrote on Nov 8, 2006 11:20 PM:Judge Houston has yet to calendar a hearing for the TRO. Based on a review of his calendar for tomorrow, the Judge will be able to take Judicial Notice of many of the negative effects of illegal immigration! His calendar is available at: www.casd.uscourts.gov

Try Try Again wrote on Nov 8, 2006 11:33 PM:Federal immigration law (8 USC 1621) already in effect declares that a illegal alien is not 'is not eligible for any State or local public benefit.' If Judge Houstion stops the rental ban ordinance, the City should use the benefit ineligibility law to craft a more effective enforcement scheme. Give each rundown rental dwelling unit a mandatory $1 housing assistance benefit each month. On the back of the $1 benefit check would be eligibility certification language that the tenant would need to agree to to receive the benefit and cash the check. Each tenant that fails to cash the check would need to provide the City with the documents needed for citizenship or lawful residency verification. Those documents could be verified using the Fed's SAVE program. Also, the City could audit the cashed checks from time to time to monitor for fraud in the benefit program.

Those two women should have wrote on Nov 9, 2006 5:14 AM:thought of that BEFORE they entered our country illegally. Why are there just two women? Where are the fathers? This is another pattern of ILLEGAL immigration.

Illegal Ordinance wrote on Nov 9, 2006 6:50 AM:Let's just use the same arguement - The oridnance is ILLEGAL, what part of ILLEGAL don't you all understand? It was doomed from the day Waldron thought of it.

I wish these pro illegal alien wrote on Nov 9, 2006 7:15 AM:groups would just move their fight south of the border. I am sick of them trying to force ME to support ILLEGAL aliens.

non-racist wrote on Nov 9, 2006 8:02 AM:Isn't ironic that the people filing the suit against the rental ordinance are the slumlorders who don't care who rents their properties (just show them the money )and two anonymous women who live in the country illegally but have children who are citizens. I say send the illegal mothers back to Mexico and take their U.S. citizens kids with them. They probably had their kids on the taxpayers dime anyway.

Border Patrol wrote on Nov 9, 2006 8:04 AM:is losing it! I have called them again to report illegals in Escondido and inform them that yet again I will contact Brian and the White House and others about their refusal to come to Escondido and perform sweeps as they did about 4 months ago in Vista, where according to their agents own words they arrest over 300 illegals, but where told they couldn't do it again. Yet 2 months ago on the urging of Brian Bilbray they did another sweep at the Vista Day Workers site, so whats the problem with coming to Escondido? The guy this morning from Border Patrol hung up on me!!! Now I ask you is this a professional? I think everybody is calling them!

HARRY wrote on Nov 9, 2006 8:38 AM:GO HOME AND TAKE YOUR KIDS WITH YOU.

Concerned wrote on Nov 9, 2006 8:42 AM:Let's see...illegal immigrints, technically criminals, suing over an action that would support a federal law--you need to be autrorized to be in the country--and sponsored by the ACLU. Only in America.

Border Patrol Corruption wrote on Nov 9, 2006 9:33 AM:'If this was a war scenario, this would be closer to treason' said Judge John A. Houston on October 31, 2006, in the case of two corrupt Border Patrol Agents.

tired of it wrote on Nov 9, 2006 9:34 AM:bla bla bla bla

To Harry wrote on Nov 9, 2006 10:04 AM:We are home and so are our children. Please read the 14th amendment which will explain to you exactly why we need to respect the rights of ANY ONE in the jurisdication. Please all of you wipe the foam off your mouths and begin to see things realistically. The Federal government will not do anything about the illegal immigration problem and they will never give local cities and states the power to do anything either. So we may as well get used to it these folks are here to stay and we should muster up the strength to embrace them and stop all the hateful speech spewing from our mouths because we are helpless in this mess and so are they. Please let us find a solution for this problem rather than creating more of a problem.

Becareful wrote on Nov 9, 2006 10:08 AM:The other day I had bought a tamale off a mexican street vendor here in Escondido and got severe food poisoning! I have notified the San Diego Health Dept. and they will be sending inspectors out here to stop the practice of these unlicensed street vendors. They did say to be very careful of what they called "bath tub" cheese, that they are selling. I told them they are all over the city selling this stuff from apartment to apartment, and they need to go to the Escondido Swap Meet. BECAREFUL, if you do buy make sure they are licensed.

I see some post are not wrote on Nov 9, 2006 10:47 AM:making it again, what every happened to the 1st amendment?

Amused wrote on Nov 9, 2006 11:31 AM:I find the most amusing part of this ordinance is the 10 day period to evict. It takes about 6 weeks to get an unlawful detainer judgment from the court, and another couple of weeks for the Sheriff if the tenant needs to physically be removed.

Jail the School Board wrote on Nov 9, 2006 11:44 AM:School District trustees wouldn't dare 'evict' the illegals who are attending Escondido schools. I say expand the ordinance to hold municipalities to the same standards as landlords.

To Amused wrote on Nov 9, 2006 11:56 AM:How long does it take the Border Patrol to deport an illegal alien?

CRAZY wrote on Nov 9, 2006 12:12 PM:This is almost as stupid as the the registered sex offender that is trying to fight the state on telling that LAW BREAKING SEX OFFENDER where he can and cant live in relation to schools that KIDS attend. Why is any different, why should 2 ILLEGAL RESIDENTS be allowed to try and do anything in court other than hear a judge tell them that they are going back to MEXICO or whatever country they came from!!!!! GET A CLUE USA

rusty wrote on Nov 9, 2006 12:13 PM:What really pisses you people off? The fact that people are hear illegally,or that there hipanic? This is a federal issue. And the thought of having to spend millions of dollars at the local level is insane. You show now FAITH,in GOD or COUNTRY. BE THAT AS IT MAY,IF IT MAKE YOU FEEL BETTER, THAN KNOCK YOUR SELF OUT!

Stop Censoring wrote on Nov 9, 2006 12:24 PM:Why provide a place to post if you're going to censor the comments? Because you're political hacks. Enjoy the minority in the House and Senate, losers!!

to Becareful wrote on Nov 9, 2006 12:54 PM:What do you expect when you buy something off of any srteet vendor or even those catering trucks that come by your job? LOL LOL What in the heck does that have to do with illegals any ways? These posts are way to funny.

L.C. wrote on Nov 9, 2006 1:03 PM:Federal Laws protect Americans - NOT lawbreaker illegals who aren't supposed to be in our country anyway. Why are the ACLU & other pro-illegal groups so determined to keep these people here? As for the two women & their anchor babies - you have NO rights - go back to your country & take your children with you!!!

Change Of Address wrote on Nov 9, 2006 1:54 PM:All aliens in the United States who are required to be registered under the law (INA § 262 and 261) must keep the USCIS informed of their changes of address. The only aliens exempt from this requirement are diplomats (visa status A), official government representatives to an international organization (visa status G), and certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days (INA § 263). A willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime (INA § 265 and 266). If convicted, the alien (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of an alien’s stay in the United States. Failure to comply could also jeopardize the alien’s ability to obtain a future visa or other immigration benefit. For more details, go to www.uscis.gov and enter 'current address' in the search box in the upper right hand corner.

Concerned wrote on Nov 9, 2006 2:00 PM:Driving back from lunch, a city-sponsored lunch actually, I noticed a group of workers attending to some landscaping in the public right-of-way. Here at work, I look out my window to see more workers doing landscaping for a project under construction. Right now there's a guy installing a garage door at my home. All of the above mentioned were of Latino decent. I have no idea if any are legal or illegal. I don't want to know. It shouldn't be my job to find out. We need to issue contracts and do business with companies that only hire legal workers. But, that will never happen until government steps in and starts enforcing the laws, present and future. In reading the above posts it is apparent that the BP is not up to it. I'm afraid that To Harry is right. The government and businesses will never do anything to stop it. As a side note I don't think the above Harry is the Harry we usually see post. This one appears to be the Anti-Harry. NCT should start allowing us to own our non-deplumes!

Carla wrote on Nov 9, 2006 2:29 PM:ACLU- GO SIT DOWN! How do you protect illegals and SlumLords who only want the Welfare money anyway, in our courts? ACLU should be ousted to another part of the world, oh Mexico would be good!! They only protect special interest groups. ILLEGALS go home, that children law about being born makes you an American via your Illegal parents, will be revised!!

Message from Space Cadets wrote on Nov 9, 2006 3:30 PM:On behalf of President Bush, thank you for your correspondence. We appreciate hearing your views and welcome your suggestions. The President is committed to continuing our economic progress, defending our freedom, and upholding our Nation's deepest values. Due to the large volume of e-mail received, the White House cannot respond to every message. Please visit the White House website for the most up-to-date information on Presidential initiatives, current events, and topics of interest to you. In order to better receive comments from the public, a new system has been implemented. In the future please send your comments to comments@whitehouse.gov. Thank you again for taking the time to write. Blah Blah Blah... Defending the Illegal Aliens Freedom, and Defending the Mexican Governments right to invade America! Isn't that what ya mean George?

Very Upset wrote on Nov 9, 2006 4:10 PM:All of you people are so full of hate, I hope you will all ... . Why do you all assume that only illegals are supporting this lawsuit? Well you are wrong there are US citizens that also have good hearts and want to help them. If this law goes into effect and the immigrants have to leave, I hope all of you are ready to work in the fields, construction, car washes, restaurants, and hotels because like it or not everywhere you go a Mexican is doing the work you don't want to do. So for those of you who like the good life be ready to say goodbye, because the mexicans wont be there to serve you no more. Also don't take this out on the children, they have not fault in what is happening in our society today.

Let them all in!!!! wrote on Nov 9, 2006 4:22 PM:Lately there has been a spike in the number of individuals from countries other than Mexico illegally crossing our borders. Last year, the Border Patrol apprehended individuals from Syria, Iran, and Somalia crossing the southern border. These countries are either designated "state sponsors of terrorism," or countries where al Qaeda and affiliated terrorist organizations are active. In 2005, over 30,000 Brazilian nationals were apprehended, a 900 percent increase from the previous year. Hezbollah is active in the Argentina-Paraguay-Brazil border area. The FBI has testified to Congress that individuals from countries where al Qaeda is operational are changing Islamic surnames to Hispanic surnames, a cause of concern. Too often illegal immigrants who are not from Mexico are apprehended, released with a promise to report to court, and are never heard from again. Immigration reform must be national security reform. In December, the House of Representatives passed the Border Protection, Antiterrorism,

To Very Upset wrote on Nov 9, 2006 5:51 PM:There are legal immigrants and others waiting to enter the U.S. legally that will fill these voids. I, along with others I know are willing to give up or take on extra responsibilities in exchange for the departure of illegals.

Very Upset wrote on Nov 9, 2006 8:47 PM:I have lived here in Escondido for 32 yrs. When I entered I was also an Illegal as a child. But as i grew up I did'nt sense all of this hate towards Mexicans. And to answer the person who responed to me earlier. I will believe it when I see it. Why don't the Legals Immigrants or White people then apply for these jobs now? What is stopping them from going out to do these hard jobs? I really don't think they want to be washing your cars, cooking your food, do your landscaping, cleaning your hotel rooms, and picking your vegetables and fruits etc.... For the person who bought the tamale from a street vender, if you are so against the Illegals why did you buy a tamale from them? You can pick up food poisoning from anywhere and from anyone. But be as it may, you are all so ignorant and full of HATE. GOD will see you on Judgement Day and I know he will NOT ask you if you are Legal or Illegal to enter his kingdom. People just face it, this is reality and we live in a CALIFORNIA where Hispanics are here to stay! If you don't like it go back from where you came from. Because as I recall in our History books we have been here even before Columbus discovered America. I just wish all of this would end and we can have peace in Escondido.

More For Very Upset wrote on Nov 9, 2006 10:38 PM:Americans are now annoyed because leftists are marching under Mexican banners of hate against persons of European ancestry. New immigrants from Mexico are falling for the fables of Aztlan. In 90% of the country, natural born citizens do the jobs you are speaking of. I picked fruit decades ago as a teenager growing up in SoCal. Now my children apply for entry level jobs and they never get a call back. The immigrant managers apparently prefer other immigrants. If Mexican immigrants assimilate into American culture, us natural born Americans will go back to watching sitcoms on TV. But as long as illegal immigrants take a harsh anti-gringo in-your-face position, I will use every political and legal means I have to stop the invasion and the poisonous race baiting by the supporter of illegal immigrants. If the illegal immigrants do not want to live in peace, then peace they will not have. In summary, those who preach hate should not be susprised when the objects of their hate oppose their goals.

Juan wrote on Nov 10, 2006 9:59 AM:Why do you see white people begging for money at freeway off ramps and mexicans looking for work on the road side. If i had to pick one i'd rather have the mexican standing on the side of the road.

CC wrote on Nov 10, 2006 5:56 PM:Perhaps the folks that are begging would be able to compete if others were not already taking those jobs. A study done back in 1950 by the President's Commission on Migratory Labor in Texas found that illegal alien cotton workers in Rio Grande Valley were paid approximately half the wages paid legal workers elsewhere in Texas. There's a really interesting article by John Dillin that discusses how Eisenhower took care of illegal immigration quickly. As for the demonstrations in Mexico, Mexicans are standing up for free and fair elections in Mexico. That is something that any US citizen who believes in democracy should be able to get behind. More power to these populists (not leftists) who want a fairer society in Mexico. If they succeed in their demand for free and fair elections, there will be more equality in Mexico and less need for people to leave their homes because of poverty.

If you are smart enough and vocal wrote on Nov 10, 2006 7:17 PM:Go to Mexico and ask for your rights. I would ask the father of my country then a total stranger. The US is my home and I stand proud, do Mexicans have that pride in their mother land? I am of Mexican descent. I have pride in my Grandparents of who and what they were but they didn't want Mexico either, that is why they came in.

to juan wrote on Nov 11, 2006 9:08 AM:the illegals all gang up in the shopping center parking lots. picking on old wemon trying to get milk.

Ruben wrote on Nov 11, 2006 5:03 PM:Hey dudes I was a conservative Republican the hisanic vote went 70% Democrat over this issue. We lost the house and senate? We lose amnesty. I tried to tell you and next 2 years their vote will be more powerfull!! You lost my vote keep up your hatred it only hurts your cause join the KKK and skinheads!!

illegal is illegal wrote on Nov 15, 2006 3:19 PM:Message from Space Cadets wrote on November 09, 2006 3:30 PM:"On behalf of President Bush, thank you for your correspondence. We appreciate hearing your views and welcome your suggestions. The President is committed to continuing our economic progress, defending our freedom, and upholding our Nation's deepest values. Due to the large volume of e-mail received, the White House cannot respond to every message. Please visit the White House website for the most up-to-date information on Presidential initiatives, current events, and topics of interest to you. In order to better receive comments from the public, a new system has been implemented. In the future please send your comments to comments@whitehouse.gov. Thank you again for taking the time to write. Blah Blah Blah... Defending the Illegal Aliens Freedom, and Defending the Mexican Governments right to invade America! Isn't that what ya mean George? ________________________________________ If YOU illegals go, we have plenty of people to work in this country. All those living on welfare should be send to take those jobs. And if we need more people, there a thousands waiting in every country to come the right way. Those children you are having should not be American Citizens, because you are illegally here, they should be illegal as the parents, they are milking off our system, and our system is supporter by our taxes. YOU are here abusing this country's taxpayers, and that is unconstitutional.

illegal is illegal wrote on Nov 15, 2006 3:42 PM:I don't have anything against people from other countries coming here, but they have to come the right way, and the right way is LEGALLY. We teach our children to abide by the law, and people from other countries come here illegally? What kind of example is this to our children? Children of ILLEGAL ALIENS should not be American citizens, they should be citizens of the country the parents are from. It is unconstitutional to force this country's citizens, and taxpayers, to support this travesty. Those people come here to have children, not 1, but 2,3,4,5,6 and more. We can't have that amount of children because we have to support them ourselves. This is an abuse committer against this country's taxpayers.

Stephen wrote on Nov 23, 2006 6:15 PM:Crazy's comments fit him or her to a T. It doesn't matter how many laws we pass in this country. The USA will always be a dual language society. After all Puerto Rico is our property.

Stephen wrote on Nov 23, 2006 6:22 PM:I have a better idea for non-racist. Instead of deporting the illegals, I say that we should send them to our off shore possession. Puerto Ricans don't pay taxes to the Federal Government and yet they have the same rights as the English speaking people.

mexican american wrote on Jul 26, 2007 11:42 PM:Hey - you folks are the beggers...illegals can't get help, they have no licenses or Social Security cards. Without them the government can not help. So stop it!! Besides America is made of all races and ethnicity groups. The only real Americans are the Native Americas, to the whom all you "So called TRUE Americans" took their land and rights and now you are bashing others whom like your ancestors can illegally. Look at your back grounds and then talk.

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