Do Illegal Aliens Have Rights?
May 27, 2008 | 1:31 pm | by t-blender |Rate It:
brianCuban.com: Do illegal aliens have rights to basic services? Will local regulation herd them all into massive “sanctuary cities?
I am aware we all have basic human and constitutional rights regardless of our immigration status. To what extent however can local government alter those rights based on that status?
While not the first to try it, the Dallas suburb of Farmer’s Branch,Texas is the latest to test the Constitutionally perilous waters of limiting the right of those not in this country legally to rent housing and obtain other basic services. This is primarily a Hispanic issue in this part of the country but the ban would of course apply to any person in this country illegally.
The controversy started back in May of 2007 when Farmer’s Branch passed a law targeting illegal immigrants by barring them from renting apartments. Ordinance 2903 would require apartment management to obtain proof of citizenship or legal immigration status before entering into or renewing leases or rental agreements.
The only exception to the ban would be that mixed-status families could stay if they were already living in the apartment, the spouse or head of household is a citizen or here legally, and the household includes the head of household and spouse and their minor children or parents. You can read about more about the ban here.
The ordinance was modeled after an similar ordinance passed in Hazleton, Pa. which also made national headlines. It is important to note that in July 2007 a federal judge struck down Hazleton ordinance as unconstitutional . The city’s appeal is pending. You can read that story here.
While the Farmer’s Branch statute has not worked its way that far up the federal court ladder, a permanent injunction has been granted by Federal Judge Sam Lindsey blocking the enforcement of the ordinance pending a full trial. You can read that story here. The important connection between the two cases is that both judges focused on the same issue which was Federal Preemption and the Supremacy Clause of the Constitution. What does that tell you?
Immigration into the United States is not a new thing…why the heck are we so puzzled by what to do?
Between 1815 and 1860, almost 5 million immigrants hit our shores…with waves of millions more people in the years following.
Why not set-up a pseudo Ellis Island on the border and a process just as we did back then to allow immigrants to come into the US legally. Ensure they are processed and follow the steps our ancestors did and make them legal citizens.
Do we have room? Yes.
Do we have room for illegals who will put a continued burden on the shrinking middle class? No.
I know it sounds simplistic, but it worked back then and they are coming anyway - why not solve the root problem instead of hiding from it?