Cherokee Tribune
November 19, 2008

Public provides input on illegal alien ordinance

By Ashley Fuller

Illegal immigration could be one of the first issues the Cherokee County Board of Commissioners will tackle in the new year.

The board at a public hearing Monday night on its newly proposed ordinance to prevent renting residential space or hiring illegal immigrants heard from more people in favor of the measure than against.

In December of 2006, the board voted to make it illegal to rent or lease property to illegal immigrants.

A lawsuit was filed against the county by the American Civil Liberties Union of Georgia, Mexican American Legal Defense and Educational Fund (MALDEF) and the law firms Troutman Sanders LLP and Hernan, Taylor & Lee. An injunction was placed on the county by a U.S. District Court judge to prevent enforcement, and the lawsuit was stayed but still is pending.

The board now is considering a new ordinance, which includes a revised version of the rental and lease portion of the original proposal, and was expanded to cover employment.

Commission Chairman Buzz Ahrens said the board would “take under advisement” the comments made during the hearing. The board voted to not bring the issue back up any sooner than its meeting on Jan. 20.

Fourteen people spoke in favor of the ordinance.

D.A. King of Marietta, president of the Dustin Inman Society, which is dedicated to educating the public on the consequences of illegal immigration, encouraged its passage.

“I hope it is not only passed, but it is enforced,” he said, adding that illegal immigrants move out of communities where similar laws are enforced.

Billy Inman of southwest Cherokee, whose son, Dustin, the organization’s namesake, was killed in an accident caused by an illegal immigrant, also spoke at the hearing, calling the ordinance “a good start.”

Kris Kobach, a law professor at the University of Missouri at Kansas City who is working with the county on the ordinance, said it should withstand a legal challenge. He said there is only one U.S. Supreme Court decision and one Court of Appeals decision on the issue, both of which support the ordinance.

Six people spoke against the ordinance, the majority of whom were from organizations that filed the original lawsuit.

Attorneys for MALDEF said passage of the new ordinance would violate the injunction currently in place.

“The two ordinances make the same activity illegal,” Elise Shore, regional counsel for MALDEF, said. “The two ordinances have the same effect of discouraging landlords from renting to a particular group.”

Opponents also brought up economic concerns. Debbie Seagraves of Woodstock, executive director of the ACLU of Georgia, said the employer provisions in the ordinance could have an effect on the local economy.

“Businesses may choose to relocate out of Cherokee County,” she said.

While none of the speakers said a lawsuit would be filed if the ordinance is passed, they did use the idea in their arguments.

Azadeh Shahshahani, national security/immigrant rights project director for the ACLU of Georgia, said the ordinance would cause the county to spend as much as hundreds of thousands of dollars to defend it in court.

The revised ordinance requires everyone who wants to rent or lease residential property to submit an occupancy license application to the county business license division for a $5 fee.

The application must include the occupant’s country of citizenship and a signed declaration the applicant is a lawful citizen or an identification number assigned by the federal government that establishes their lawful presence in the country. If an applicant does not have a number, they are to declare that on the application.

The county government then will check with the federal government to see if the occupant is a lawful resident. If the federal government reports the status of the occupant as not lawfully in the country, a deficiency notice is sent to the occupant, who has 60 days to correct the government’s records or provide information establishing their legal residency. If, after 60 days, the occupant’s immigration status has not changed, a revocation notice is sent to the occupant and the lessor.

If a landlord violates the ordinance, his or her business license will be suspended.

The ordinance also makes it illegal to hire illegal aliens.

If the county government receives a valid complaint, it will request identity information from the business regarding any individual alleged to be an illegal alien. The county will send the information to the federal government.

The county will suspend the license of any business that fails to correct a violation within 15 days of notification if the federal government confirms the employee is not in the country legally. The suspension will end after the business has shown that the violation has ended. Subsequent violations will result in a 30-day business license suspension.

The employment section of the ordinance does not apply to the hiring of an independent contractor by a business or the hiring of casual labor for domestic tasks.

The ordinance only applies to unincorporated Cherokee County, although leaders of local cities said they would consider similar measures if there was public interest.

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