Judge Overturns Anti-Immigrant Measure in Columbia County

FOR IMMEDIATE RELEASE
April 13, 2009

Contacts:
Marcy Westerling, Director, Rural Organizing Project, (503)369-3565
David Fidanque, Executive Director, ACLU of Oregon, (541)954-7731
D. Michael Dale, Executive Director, Northwest Workers' Justice Project, (503)357-8290
Judge Overturns Anti-Immigrant Measure
Measure 5-190 Exceeded Columbia County Jurisdiction and Violates Federal Law
ST. HELENS, Ore. - A Columbia County judge today overturned an anti-immigrant ballot measure approved last fall because it conflicts with federal immigration law and would have required the county to take enforcement actions beyond its authority.

The ruling on Ballot Measure 5-190 came in two cases that were filed in Columbia County Circuit Court last fall. County Commissioners had requested a ruling on the measure's validity and a separate challenge was filed by a coalition of Columbia County business owners and voters who have been represented by attorneys for the ACLU of Oregon and the Northwest Workers' Justice Project.

Columbia County Commissioners approved amendments to the initiative in December which were also at issue in the court challenge. Judge Ted Grove had heard oral arguments in the consolidated cases in January and had approved a preliminary injunction at that time to prevent the measure from taking effect.

The coalition challenging the measure includes Rural Organizing Project, Columbia County Citizens for Human Dignity, 28 individual residents of Columbia County, CAUSA Immigrant Rights Coalition and others.

"Columbia County has a lot of challenges ahead and Measure 5-190 wasn't going to help," said Columbia County business owner Gary Liao, one of the plaintiffs in the challenge. "The measure and ordinance were deeply flawed and confusing. At a time when our economy is reeling, it would have imposed additional burdens on both the county and on employers who have been following the law."

Other members of the coalition said they hope the court decision will allow communities that have been deeply divided over the immigration issue to find common ground and work together.

"It's time to direct our frustrations about the immigration issue where it belongs: on the federal government's responsibility to carry out meaningful immigration reform," said Marcy Westerling, Director of the Rural Organizing Project in Scappoose. "Having a patchwork of local laws seeking to usurp federal authority on this issue would only create more frustration with federal policy."

In his opinion, Judge Grove addressed many portions of Measure 5-190 and held that all of them were either preempted by federal law or went beyond the authority of Columbia County under state laws. Among his findings were:

The measure's $10,000 mandatory fine "clearly violates" the preemption of immigration enforcement by federal law;

The measure's provision that violations would be reviewed according to state law but would be appealed to Justice Court, violated state law that requires that such appeals be heard by the Oregon Court of Appeals;

The measure's requirement that violations result in suspension of all licenses and permits were beyond the authority of both the Justice Court and the County Commissioners because many of the relevant licenses and permits are not issued by the county; and

The many enforcement provisions of the measure rose to the level of criminal or civil sanctions which are also preempted by federal law.

Finally, Judge Grove wrote that while he "recognizes the serious issue the initiative was seeking to address, existing Federal preemption and statutory provisions cannot be ignored."

Similar measures in Hazelton, Pa.; Farmers Branch, Texas; Escondido, Calif; and other jurisdictions had previously been struck down.

Attorneys handling the case for the coalition have been: D. Michael Dale, Steven Goldberg and Meg Heaton for Northwest Workers' Justice Project; ACLU Cooperating Attorneys Bruce L. Campbell and Elisa J. Dozono, both of Miller Nash LLP; Stephen W. Manning of the Immigrant Law Group; and Chin See Ming, Legal Director for the ACLU of Oregon.

###

Read more »

Judge Prohibits Anti-Immigrant Measure from Taking Effect in Columbia County

Contacts:
Marcy Westerling, Director, Rural Organizing Project, (503) 543-8417 or (503) 543-3647
D. Michael Dale, Executive Director, Northwest Workers' Justice Project, (503) 357-8290
David Fidanque, Executive Director, ACLU of Oregon, (541) 954-7731

Judge Prohibits Measure 5-190 from Taking Effect
Anti-Immigrant Law on Hold Pending Ruling on its Legality

ST. HELENS, Ore. – Columbia County Circuit Court Judge Ted E. Grove today issued a preliminary injunction that will prevent an anti-immigrant ballot measure from taking effect on February 2.

Measure 5-190 was approved by voters in November, but was challenged in court by a coalition of Columbia County business owners and voters who are represented by attorneys for the ACLU of Oregon and the Northwest Workers’ Justice Project.

Columbia County Commissioners approved amendments to the initiative in December which are also at issue in the court challenge. Judge Grove heard arguments in the case from attorneys for more than 90 minutes on Friday morning and indicated that he was approving the injunction while he reviews the issues in more detail. He did not indicate how soon he would issue an opinion on the many legal issues that have been raised by the measure’s opponents.

The ACLU/NWJP challenge contends that Measure 1-590, which would fine employers for hiring or employing undocumented immigrants:

• Exceeds the powers of Columbia County as granted by the state of Oregon;
• Violates the Single Subject requirement of the Oregon Constitution; and
• Is preempted by existing state laws, as well as land-use statutes and regulations.

The coalition includes Rural Organizing Project, Columbia County Citizens for Human Dignity, Columbia County business owner and resident Gary Liao, CAUSA Immigrant Rights Coalition and others.

“We are delighted with the court’s ruling today,” said Columbia County business owner Gary Liao, “and we are optimistic the court will make the order permanent sometime soon.”

Measure 5-190 relies on E-Verify, a federal database designed to check employees’ names against Social Security records. That database has proven to be very flawed and ineffective. One transposed digit or misspelled name could flag longtime citizens as “illegal.”

“We hope this court action will be resolved soon so that attention on the immigration issue can be re-directed where it belongs: on the federal government’s responsibility to carry out meaningful immigration reform,” said Marcy Westerling, Director of the Rural Organizing Project in Scappoose. “Having a patchwork of local laws seeking to usurp federal authority on this issue will only create more frustration with federal immigration policy.”

Similar measures in Hazelton, Pa.; Farmers Branch, Texas; Escondido, Calif; and other jurisdictions already have been struck down.

Proponent Wayne Mayo, a local building contractor, has said he modeled the measure on Arizona’s Legal Worker Act. While that law has passed some court scrutiny, it still faces continued challenges regarding its constitutionality. Already, the state there has spent more than $75,000 in legal fees defending the law and has budgeted $2.6 million this fiscal year for enforcement and notification.

Attorneys handling the case are: D. Michael Dale, Steven Goldberg and Meg Heaton for Northwest Workers' Justice Project; ACLU Cooperating Attorneys Bruce L. Campbell and Elisa J. Dozono, both of Miller Nash LLP; Stephen W. Manning of the Immigrant Law Group; and Chin See Ming, Legal Director for the ACLU of Oregon. The complaint asks the court to declare Measure 5-190 invalid and award reasonable attorneys’ fees and costs.

Read more »

Respect for law is founded on a respect for truth

in the news

In an op-ed titled, "Illegal Immigration and Crime" appearing in Sunday's Oregonian yesterday, community volunteer and former attorney, Susheela Jayapal took on the false claims of Richard LaMountain. Last week, in our piece titled, Myths of Illegal Immigration and Crime, we reported on LaMountain's op-ed pointing out his false claims and anti-immigrant agenda.

ILLEGAL IMMIGRANTS AND CRIME

SUSHEELA JAYAPAL

In his op-ed last Sunday ("Enable state's officers to aid federal enforcement efforts"), Richard LaMountain urged support for a proposed ballot measure beguilingly titled the Respect for Law Act. Among other things, this measure would repeal current Oregon law that prohibits using state law enforcement resources for activities focused solely on enforcing federal immigration law.

To make his case, LaMountain cites an array of statistics that purport to show that we're facing a tidal wave of crime committed by illegal immigrants. Therefore, he argues, local police should make the enforcement of immigration law part of their job. Police departments and organizations (including the Major Cities Chiefs Association, comprising the police chiefs of the 64 largest cities in the country) have strongly opposed measures such as this one, and for good reason.

First, they are unnecessary: Even assuming LaMountain's statistics are correct, local law enforcement agencies already have the authority and the tools to fight crime. Second, requiring local police to enforce immigration law would seriously erode public safety, not improve it. It would divert resources away from traditional police responsibilities, and it would destroy the relationships that urban police departments have built with their immigrant communities, deterring those communities from reporting crime or cooperating with police.

As for those statistics: They're either unsubstantiated or so taken out of context as to have been wrenched from any mooring in the truth.

Take, for example, the claim that illegal immigrants driving drunk kill 13 Americans a day. This claim is apparently based on another statistic frequently cited by U.S. Rep. Steve King, R-Iowa, and other anti-immigrant zealots -- that 28 percent of all prison and jail inmates in the country are illegal immigrants. This percentage is applied to a federal count of the number of alcohol-related accidents reported in 2004, yielding 13 such accidents a day.

The problem is, that 28 percent number is just plain wrong. In 2005, the Bureau of Justice Statistics reported that fewer than 7 percent of inmates in federal, state and local prisons and jails were immigrants of any kind, legal or illegal. So that estimate of the number of people killed by drunken illegal immigrants? Also wrong.

One more example: LaMountain cites The Oregonian as reporting last summer that 1,000 of Oregon's prisoners were foreigners. That's true. He neglects to mention, however, that the article in question actually contradicts his position: The headline is "Illegal immigrants aren't filling local jails" (Aug. 19, 2007), and the general thrust of the piece is that crime rates for illegal immigrants "are on a par with the general population."

Respect for the law is founded on respect for the truth. LaMountain's argument in support of the Respect for Law Act is based not on truth, but on rank fear-mongering -- and as such, it deserves no respect.

Susheela Jayapal is a community volunteer and a self-described recovering lawyer. She lives in Northeast Portland.

Read more »

Oregon Church Conference Oppose Anti-immigrant Initiatives

from Rev. Chuck Currie

This weekend the Central Pacific Conference of the United Church of Christ took action by putting our conference on record opposing to two anti-immigrant ballots measures Oregon voters will consider this fall. Any sacred conversation on race needs to include our national response to the struggles of Hispanic people.

RESOLUTION for Central Pacific Conference Annual Assembly

OPPOSE OREGON ANTI-IMMIGRANT BALLOT INITIATIVES

Signed by: Catherine Rolling, Ainsworth; Rev. Susan Leo, Bridgeport; Rev. Chuck Currie, Parkrose

Our immigration system is broken and needs comprehensive reform. We, as people of faith, want an opportunity to support proposals that include legalization with a
path to citizenship and family unification. However, legislative proposals making their way to the November 2008 ballot in Oregon will further divide our communities and increase hate, fear, and racism, thus contributing to anti-immigrant sentiment, by
attacking an already vulnerable people, known by people of faith as children of the Creator.

Whereas: Oregon ballot initiative petition (IP) #19 proposes to add a section to the Oregon Revised Statutes requiring English immersion in public schools as proposed by Bill Sizemore and Alan Grosso and filed in the Secretary of State’s office on April
18, 2006:

• prohibits teaching public school students in languages other than English for more than two years.

• would have a severe impact on immigrant children's opportunities for quality education.

• would take away local control and classroom decisions about individual learning levels and special needs of students, thereby punishing immigrant and refugee children, regardless of their legal status, and

Whereas: Oregon ballot initiative petition (IP) #112 named “Respect for Law Act” proposed by Mehran Smith and Shahriyar Smith of Oregonians for Immigration Reform and filed in the Secretary of State’s office on July 10, 2007:

• effectively forces undocumented immigrants further into the shadows.

• diverts local government resources away from community safety, health and education needs.

• moves police, fire fighters, teachers, social workers, and health care workers
to act as immigration officers.

• encourages racial profiling, unreported crime, school dropouts, and public health and safety calamities.

• imperils public safety by restricting driver’s licenses forcing immigrants who must drive to maintain their employment and care for their households to continue driving as unlicensed motorists.

• offers new voter registration restrictions which are unnecessary since there is no evidence that non-citizens are voting—and discourages registration by other marginalized populations, such as low-income, elderly and people of color, and

Whereas: These measures are an affront to the dignity, safety, livelihoods, and opportunities of our immigrant neighbors, and

Whereas: Jesus instructs us to welcome strangers - not mistreat them, and

Whereas: As Christians, our actions should reflect Jesus’ teachings, and

Whereas: As a nation of immigrants, our laws should reflect compassionate action toward those who come into our country for safety and opportunity;

Be it resolved: that the Central Pacific Conference of the United Church of Christ declares its opposition to Oregon ballot initiative petitions #19 and #112 and calls on local UCC affiliates and other faith communities to do the same.

Read more at Rev. Currie's blog

Read more »

Anti-immigrant Activists Unveil Initiative for Oregon’s 2008 Ballot

FOR IMMEDIATE RELEASE
November 14, 2007

Contact:
Erik Sorensen, Communications, CAUSA (503) 789-8213
Aeryca Steinbauer, Coordinator, CAUSA (503) 984-6816

Anti-immigrant Activists Unveil Initiative for Oregon’s 2008 Ballot

Broad coalition set to educate voters on the harmful consequences the initiative will have on public safety, civil rights and Oregon’s economy
Salem, OR--Yesterday, during a press conference at the Oregon State Capitol, anti-immigrant activists from Oregonians for Immigration Reform (OFIR) unveiled their omnibus anti-immigrant proposal. Their proposed Initiative Petition #112 titled, “Respect for Law Act”, would require state employees to cooperate with immigration enforcement, would place limitations on voter registration and restrict driving privileges to individuals.

The press conference comes in response to recent approval of IP 112’s ballot title by the Oregon Supreme Court. Proponents now must await certification on the explanation page from the Secretary of State's office before they can begin circulation. In an action alert sent out on Monday, OFIR announced that they hope to begin gathering signatures next week and will mail sheets to their supporters as soon as they get approval. They will need to gather 82,769 valid signatures by July 3, 2008 in order to qualify the measure for the ballot.

IP 112 would not only revoke driver's license access for undocumented immigrants, but require proof of citizenship in order for individuals to register to vote, and force state workers, police, and teachers to enforce immigration laws. In addition to scapegoating immigrants, the measure would disenfranchise and intimidate the elderly, minorities, and low income people-groups that commonly do not have access to documentation. IP 112 is an affront to public safety and would result in an increase in unlicensed, uninsured drivers on the road.

CAUSA and its allies are set to fight the ill-conceived measure by educating Oregonians about its true costs and urging them to decline to sign IP112. CAUSA will also work in broad bi-partisan coalition of organizations and individuals to defeat this measure should it qualify for the ballot. "We are launching a public education campaign to educate Oregonians about the harmful consequences of this measure. Oregonians everywhere should be concerned about its damaging effects on public safety and it’s potential to increase insurance rates.", said Aeryca Steinbauer, Coordinator for CAUSA.

###

Read more »