Escondido's rental ban is not unconstitutional
By: VICTOR CHABALA - Commentary
In regard to the Nov. 17 article "Judge blocks Escondido's rental law," I have a few things to point out. It does not require landlords to do anything they're not already supposed to do anyway. For example, landlords are supposed to get information such as the Social Security number, driver's license, etc. If any of those documents are faked or stolen, it would come up when the landlords ran the credit check on potential tenants, which would indicate legal status of the person. | ∞
I suggest attorney Alan Mansfield and U.S. District Court Judge John A. Houston re-read the supremacy clause of the Constitution, which states that federal law overrules state or local laws when they conflict. The Federal Immigration and Nationality Act expressly states that anyone who knowingly assists an illegal immigrant to reside in the U.S. is guilty of a felony. Also, federal law clearly states that you may not harbor illegal immigrants, and defines harboring illegal immigrants as "any conduct that tends to substantially facilitate an alien to remain in the U.S. illegally." Federal law also says that "sheltering need not be clandestine."
It doesn't take a rocket scientist to realize that knowingly renting to illegal immigrants (again, to any critics, notice the word illegal) would clearly fall under the federal definition of harboring illegal immigrants. In short, the Escondido rental ban does not conflict with federal law; in point of fact, it's in line with federal law and therefore cannot be unconstitutional as the supremacy clause applies only when local or state laws conflict with federal law.
In response to those who say border enforcement is the job of the federal government, as per the necessary and proper clause of the Constitution, the federal government can delegate authority. Furthermore, if the federal government won't enforce its own laws, somebody has to.
Now, as for the American Civil Liberties Union, it should really be ashamed of itself in this case. If it's called the American Civil Liberties Union, shouldn't it be siding with the legal U.S. residents, rather than people who immigrated illegally? Where was the ACLU on June 13, 2003, when Oceanside police Officer Tony Zeppetella was shot and killed by an illegal immigrant who also happened to be a gang member and paroled felon? Where was the ACLU on Oct. 24, when a drunken driver, Rafael Perez, who also happened to be an illegal immigrant with four DUI convictions, killed Amy Kortlang in a crash on Highway 67? For that matter, why isn't the ACLU going after Perez's employer, who hired him without checking his driving record, as any company that hires drivers is required by law to do?
As numerous people in the Letters section of the North County Times have pointed out, why hasn't anybody given out the name of the company, as Perez's employer is clearly in violation of several laws.
Victor Chabala lives in Oceanside.
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Randy wrote on Nov 25, 2006 7:39 AM:As you so elequently point out - by this ruling it has now become illegal to uphold the law. These judges should be ashamed of themselves - or at least get a refund on their tuition they paid for their flawed education.
thanks Judge Chabala wrote on Nov 25, 2006 7:40 AM:It's a good thing we have our own local "Judge" Chabala to explain why housing discrimination against Hispanic-looking people in Escondido is perfectly legal. It is meant to rid us of the scourge of hardworking people. Or the fact that these criminals are all cop-shooting drunk-driving menaces to our great way of life.
John wrote on Nov 25, 2006 8:03 AM:Victor Chabala blah blah blah. How many marines get drunk and kill people in San Diego county? Drunk drivers are bad people whether they are illegal immigrants or jar heads - so let's not rent to any of them. Everyone else gets the first month's rent free! Stick to wrting gun letters Vic.
Margaret wrote on Nov 25, 2006 8:04 AM:Victor, well said.
Pluto wrote on Nov 25, 2006 8:14 AM:Hard to get past the first paragraph, which makes the amazing statement that the ordinance "does not require landlords to do anything they're not already supposed to do anyway." Back in the real world, the ordinance requires landlords to check and verify immigration status of all tenants and evict those who can’t prove they are legal. These are major obligations landlords are not “supposed to do anyway.” In fact, that new requirement is the whole point of the ordinance. Why should anyone continue to read this Community Forum after such a blatant misstatement? What a poor editorial choice.
Haydee wrote on Nov 25, 2006 8:39 AM:I was born and raised in a South American country, came to the U.S. as a legal immigrant, and became a naturalized U.S. citizen. Hispanics are not of a monolithic mind, as pro-illegal-immigration advocates and corrupt politicians would like Americans to think. They are conservatives, liberals, Republicans, Democrats, Marxists, Fascists, etc. Like other Americans, except for those who profit from illegal aliens, most American citizens of Hispanic descent are against illegal immigration. It's time the American public sees that there's no such thing as the "Hispanic vote" and the "Hispanic community." That's the name corrupt politicians give to the "illegal alien vote" and the "illegal alien communities" to whom they pander. As an American of Hispanic descent, I deeply resent being lumped with illegal aliens just because I'm Hispanic.
To Victor wrote on Nov 25, 2006 8:55 AM:You wrote a very well written piece. I would hope others would take notice.
Victor's secret wrote on Nov 25, 2006 9:22 AM:The rental ban is not un-Constitutional because interpretation of the commerce clause makes vertually any law Constitutional. The bad news is our "living constitution" is no constitution.
Adam wrote on Nov 25, 2006 10:01 AM:State and local immigration laws do not determine who can, or cannot, enter the country. Rather, they affect only who can enter or reside within their respective local jurisdiction, for which the federal government has no plausible jurisdiction to intervene. Since the federal government has no jurisdiction to enact immigration laws under the Constitution, invoking the supremacy clause is futile because the US Constitution requires federal laws to be in pursuance of the Constitution. Federal immigration laws are in pursuance of nothing delegated to Congress to exercise. In this particular case all you have is rights advocates unhappy with the people of Escondido rightfully enacting laws they feel is important for their community. This isn't a fourteenth amendment issue by any stretch of the imagination. Escondido's Ordinance does not run afoul with any provisions of the US Constitution. Of course, it may well run afoul with the federal judiciary’s idea of justice, but with such a misguided judiciary as ours, who would be surprised?
How ridiculous!!! wrote on Nov 25, 2006 10:42 AM:So two cases stated here make every immigrant of Mexican Ancestory a criminal. Please if we really embrace the logic of this writer depending on our experience we can blame an entire nationality, race, creed or color should a tragedy strike us. If a caucasian man is dui and kills someone are we to believe that all caucasian men are drunk driving murders? If a black person, or Oriental person kills someone than are we to believe and hate all blacks or Orientals? Your logic is flawed and your ideas are warped. But thankfully for you the Constitution that give you the right to free speech and gives immigrants illegal or not equal protection under the laws. Like it or not the Constitution is solid, and funny how you are ready to tell us how to read and understand the Constitution. Please respect the rights of these individuals under the 14th Amendment then maybe I will respect you.
To Victor Chabala wrote on Nov 25, 2006 11:47 AM:Funny how you interpret the Constitution to meet your own needs. I find the Constitution is alot like the bible NOT open to our own interpretation. It says what it means and it means what it says. We need to read and understand the 14th Amendment where it says ANY ONE in the jurisdiction of any state is protected by equal protection under the law. Get with it thats what it says and unfortunately try as we might we can not change it.
Oh Victor- wrote on Nov 25, 2006 12:02 PM:Obviously Mr. Chabala is not well versed in either our US Constitution or our immigration laws. The constant hysterical rhethoric by him as well as the other side are not leading to solutions but to divisions. Victor, by the way, it does take a rocket scientist now days to buy anything that has not been produced, moved, packaged or prepared by an illegal. Seal yourself in a space bag and watch the real world go by while you write riduclously short sighted articles like this..oh, but you do have the right to do so under our First Amendment. Maybe you can start reading the Constitution there.
Tanya wrote on Nov 25, 2006 12:13 PM:I agree with Pluto why print this trash when it makes no sense and is not even factual. I would rather read something that will inform and educate rather that incite and confuse the people.
Floyd wrote on Nov 25, 2006 12:15 PM:So upholding a law which does not specify race or national origin is now illegal discrimination against hispanic-looking people? Excuse me, but your knowledge and expertise is seriously lacking.
i agree wrote on Nov 25, 2006 2:01 PM:Victor are you running for office. i'll vote for you. You make more sense than any of our elected officials.aclu is anti american civil liberties union.
Sign Of The Times wrote on Nov 25, 2006 6:16 PM:Georgia County Considers Fining Landlords Who Rent to Illegal Immigrants, Dallas Suburb Passes Landmark Anti-Illegal Immigration Laws, Hazleton Crackdown on Illegal Immigrants, Maricopa County, Arizona law aimed at cracking down on human smugglers, and Escondido's anti-illegal immigrant law. Fed up with our State and Federal governments' Lack of enforcement over our Immigration Laws, Cities and Towns all over America are trying to enact laws that will help maintain their quality of life. Once the War in Iraq is resolved then the full brunt force of the United States Citizens will be heard on this!
Jake wrote on Nov 25, 2006 7:38 PM: Pluto- the bottom line is this; CITIZENS are fed up with living next to vermin, low performing schools, high crime, drugs and gangs. To make matters worst we are all overburden with paying for their WIC, Medical, food stamps of people that use fictitious names to defraud the federal government to which we all end up paying….free here and free there, free, free. It is no wonder we cannot afford health care for our own families and we will never be able to retire because of the high taxes to pay for their services. What part of this don’t you understand? I have the perfect solution lets start filing class action lawsuits against these clinics and those who help them commit fraud including the ACLU and their host of advocates!!
ACLU is anti- american wrote on Nov 25, 2006 7:51 PM:The ACLU is anything but American. I challenge judge Huston the slump landlords, the ACLU and their group of advocates to live for one week in overcrowded conditions with 30 people per apartment. They should live and sleep with vermin, rotten and filthy odors, next to gang members dealing drugs, and pedophiles. With dozens of ill disciplined kids screaming and climbing all over the place. Then we can sit down and have a civil conversation I guarantee they will all be singing a different song.
To Jake wrote on Nov 25, 2006 9:59 PM:Vermin, hummmm I am a citizen and so far the only vermin I have seen lately are running around with the American flag and screaming racist comments at folks if they are here illegally or legal and even if those folks are American Citizens. It is fine to express your opinion but when you begin to tromp on the rights of others you need to take a step back and get things into prespective for the sake of everyone. I totally respect the ACLU because they seem to be the only checks and balance in this entire issue at this time. Certainly we have some how lost our moral compass.
Mike wrote on Nov 25, 2006 10:01 PM:Life, Liberty and Property yes this is a 14th Amendment issue. Equal Protection under the law. I have heard people scream "we are a nation of laws" well then lets respect the law that protects all people the Constitution.
jake wrote on Nov 27, 2006 7:25 AM:Haaah, you obviously did NOT read the blog correctly vermin means; rats, mice, cockroaches, lice fleas, flies, scabies, etc. you find these infestations in the barrios like it or not this is the way it is. You also find a lot of prostitution, pedophilia, drugs and gangs it is a widely known fact. You are all clue less as to what the Fourteenth Amendment actually means. Thanks to your ACLU, La Raza, and the loose end radicals LEGAL MEXICANS ARE being discriminated. The ACLU IS an Anti-American organization based on its track record. As to the discrimination? Point the finger at yourselves because your far-fetched ideologies have screwed things up for LEGAL MEXICANS. You claim to represent LATINO’s but the people in the Barrio are most illegal Mexican decent what is the matter are you ashamed of your own race? When you yourselves demonstrate you tromp on my rights and the rights of LEGAL MEXICANS because contrary to you assertions you don’t represent them…….
Federal Burden wrote on Nov 27, 2006 5:42 PM:The Judge says the City Ordinance 'burdens' the Federal government because they would need to make determinations on a tenant's residency status. He claimed that this would 'impede the functions' of the Departments of Justice and Homeland Security. The Judge turned a blind eye to the fact that Congress tasked the Department of Homeland Security with the function of responding to immigration status inquiries received from local governments. 8 USC 1373(c).
Equally Supreme When Actually Invaded wrote on Nov 27, 2006 6:11 PM:When a State is actually invaded, that is equal with the Federal Government in dealing with the invasion. 'No State shall, without the consent of Congress, . . . engage in War, unless actually invaded . . . .' US Constitution, Article I, Section 10. Escondido and California have been 'actually invaded'! Federal permission to address this actual invasion IS NOT NEEDED under an express provision of the US Constitution!
Stop The Invasion! wrote on Nov 27, 2006 6:35 PM:The United States Supreme Court characterized a foreign invasion: 'It matters not in what form such aggression and encroachment come, whether from the foreign nation acting in its national character, or from vast hordes of its people crowding in upon us.' 130 U.S. 581 at page 606.
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