Should the much ballyhooed "illegal alien" ordinance pass, the Fremont City Council rather than the United States Congress, would create a classification scheme as to who is an "illegal alien." However, only the Federal government may determine whether someone is in this country legally. As the Council intrudes upon an area of Federal law, this ordinance will be preempted by the Supremacy Clause of the United States Constitution. Councilman Warner is right in one respect: This is not rocket science. It is called Constitutional Law and it is the very reason the United States exists.
If these "illegal aliens" are costing Fremont so much, it is the Council’s obligation to do more then present second-hand rumors. Fremont’s citizens should be told specifically what those costs are and how much those costs are. Just because someone was at the hospital, does not speak English very well and cannot pay the bill, does not mean they are "illegal aliens." Then, let us measure the monetary benefits. Tell us how much in sales tax, Fremont is reaping from these "illegal aliens." How about property taxes? Tax paying landowners rent apartments to the people you seek to classify as "illegal aliens." These costs have not been calculated in tangible dollar amounts. Do not forget the intangible costs to Fremont’s economic development, when such a controversial ordinance, like this, grabs the headlines.
Nonetheless, without any such figures, this ordinance comes into existence. It is the type of "law" and "government" that so many on the Council claim they want to cut back on. The City will incur costs in enforcing this ordinance. Undoubtedly, there will also be a cost in the form of attorney fees at the Federal level, when the ordinance is challenged and struck down as unconstitutional. But never fear, money is not object and Fremont can continue to spend like Farmers Town, Texas, and Hazelwood, Pennsylvania, in the hope that their ordinance might be adjusted so that it can be found constitutional.
Without any of the cost figures of "illegal aliens" being presented, can the Council really be surprised when the ordinance is called "racially motivated" by its opponents?
The Council’s passage of an ordinance which subjects persons to punishment, when it has no "legal" authority to do so, begs a question: Are not those Council members breaking the law? Who is the greater threat to our system? The self righteous legislator, who violates our Constitution and enacts a law to punish people the legislator and his followers choose to blame for societies’ problems. Or someone whose papers are not in order?
Congrats to City Coucilmember Scott Getzschman who recognized "To have an ordinance on hiring like this is silly if people think the meat of the problem is at Hormel and Fremont Beef, which are outside the city limits,” he said. “Enforcement with any part of this is going to be nearly impossible to do. Quite frankly, it’s not up to the city of Fremont to solve this issue.” Congrats to City Attorney, Dean Skokan, who recognized that putting a hiring amendment into the ordinance would open up the city to liabilities.
Legislation which affects only certain types of people, and which is justified by fear, and fear alone, is already well known to many of these "illegal aliens." It is that type of law that drove them to our nation. It has no place in American government.
If Fremont really wants to address its problems, how about putting this kind of effort into attracting new industries to the city, into fixing up the downtown and doing something about the eyesore at 5th and Main.
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