Example of a Complaint Form

An example of a Complaint Form that may be effective in making complaints under the new Escondido Ordinance (Municipal Code Section 16E-2a) banning the harboring of illegal aliens is available at the link below. The Complaint Form focuses on landlords having poorly maintained properties, overcrowding, or irregular tenancy arraignments.
http://civics.robroy.cc/HarboringComplaintForm-v02.pdf

On September 30th, a North County Times article had the following quote:
"Complaints, she [Marie Waldron] said, would likely follow from other city code enforcement investigations, such as illegally parked cars and other property violations." Escondido ordinance would ban renting to illegal immigrants

The attached Complaint Form example lists objectively observable conditions related to property maintenance, overcrowding, and lack of normal tenancy arraignments.

The Complaint Form example relies on a well-known link between such objectively observable conditions and illegal alien tenants afraid of complaining for fear of consequences.

Published examples of the well-known link:
"The signs in National City called Mayor Inzunza a slumlord and claimed he supported the [sanctuary] law because he profits from filling his apartments with illegal aliens. They’re not totally wrong on that. An investigative report by the San Diego Union-Tribune found that Inzunza was a terrible landlord and that many of his 100 rental units were of the rat-hole variety. Illegal immigrants fear complaining about poor conditions and often are abused by just such landlords. In National City and Escondido, the advocates for the poorest of the poor are sometimes in league with some of their worst abusers."
http://www.sdcitybeat.com/article.php?id=4910

"Ricciardelli, who said he has been a landlord for 25 years, said that most of his tenants 'would never complain about the bars on the windows or anything like that -- most of them are illegal aliens.' Five of the tenants to whom the [Las Vegas] Sun spoke on Tuesday confirmed that they wouldn't ever make a peep about those problems because they are afraid of consequences ranging from rent increases to deportation."
http://www.lasvegassun.com/sunbin/
stories/sun/2005/feb/11/518277265.html?Andres%20Ramirez

NLRC Study: Mission Park, Escondido, California

The National Latino Research Center's Mission Park Community Study is available at from the Union Tribune at the following link:
http://www.signonsandiego.com/news/northcounty/
images/061018nlrcreport.pdf

The study's lead researcher and author claims that the study is being misused and that she would not have conducted it for the City of Escondido if she knew that it would be used to justify the rental/harboring ban ordinance. The NLRC was paid $10,000 by the City for the study.
http://www.signonsandiego.com/news/northcounty/
20061018-9999-1mi18mission.html

Students at Cal State San Marcos volunteered to help in the study as data collectors and interviewed Mission Park residents.
http://www.csusm.edu/nlrc/projects/
http://www.csusm.edu/nlrc/publications/Newsletter/
NLRCNewsletter_Fall2005.pdf (page 5).

Quotes from the study:

"With an average federal poverty rate of 29%, the Mission Park area has been identified as having one of the most rapidly growing poverty rates in the State of California," page 14

"Immigration and Citizenship Status
The Mission Park area is home, and often the 'first stop' for many new immigrants seeking better opportunities in the United States. Language is a barrier for many, with 44% speaking English less than “very well”. Although the survey did not collect information about citizenship status, this seems to be key consideration for residents in this community." page 15

"Renters who are new immigrants and/or are exceeding the unit capacity are also less likely to complain or identify maintenance problems that could lead to unhealthy housing (mold, mildew, poor ventilation, lead, roach or rodent infestations, or other potential health hazards)." page 18

"Lack of information & fear: Fear of immigration/border patrol." page 25

"A large majority (85%) of survey participants were born outside of the United States. Most participants (81%) were born in Mexico, while fewer were born in other non-U.S. areas (Central America: 3%, “Other”: 1%)." page 30

"When asked “In what language do you usually communicate?” a majority of respondents (66%) indicated Spanish. A substantial number (18%) indicated that they communicate in both Spanish and English, 16% indicated English, and 0.2% indicated each of Mixteco, French and Swahili, and Tagalog." page 30

"The most frequently cited reasons for lacking health insurance were cost and immigration
status." page 44

Hospital Seismic Retrofit Deadline Extended Two Years

SB1661 grants a two-year contruction extension for hospitals trying to meet California's strict seismic regulations for acute care hospital space. It appears that PPH can now delay submission to OSHPD of its plans for the new hospital until Jan 1, 2009, and not complete construction until 2015!

SB1661 was signed by the governor on 9/29/06.
http://info.sen.ca.gov/cgi-bin/postquery?bill_number=sb_1661&sess=CUR&house=B&site=sen

Full text of bill:http://info.sen.ca.gov/pub/bill/sen/sb_1651-1700/sb_1661_bill_20060929_chaptered.pdf

History:http://info.sen.ca.gov/pub/bill/sen/sb_1651-1700/sb_1661_bill_20060929_history.html

Senate Analysis: The bill authorizes OSHPD to grant the additional extension if the hospital building subject to the extension meets certain criteria:
http://www.blogger.com/

Escondido Bans Harboring Of Illegal Aliens

The Escondido City Council voted to ban the harboring of illegal aliens by landlords. The vote was 3-2. One of those voting for the ban is up for reelection.
http://www.nctimes.com/articles/2006/10/05/
news/top_stories/3_00_0010_4_06.txt

My comments to the City Council are included below:

The Supremacy Clause of the US Constitution gives the Federal Government virtual exclusivity in defining legal and illegal immigration. Local Governments must accept those definitions, and not conflict with them, when crafting ordinances.

The US Congress has made harboring of illegal aliens, knowingly or with a reckless disregard for the facts, a criminal felony punishable with fines and up to 5 years imprisonment, or up to 10 years imprisonment if the harboring is “done for the purpose of commercial advantage or private financial gain.” 8 USC § 1324

It is important to understand the meaning of the term harboring. Black’s Law Dictionary (7th Edition) gives the following definition:

Harboring, n. The act of affording lodging, shelter, or refuge to a person, esp. a criminal or illegal alien.

Much has been said about the hardships that this ordinance may have on children, who are U.S. citizens, and who have parents who are illegal aliens. Again, Congress has provided for relief from a removal proceeding (commonly known as deportation) by allowing cancellation of the removal and adjustment of immigration status if the removal would result in a particular level of hardship to the US citizen child and other strict conditions. 8 USC § 1229b(b).

Admittedly, cancellation is not easy to achieve, but the Federal Agencies and Courts deal with cancellation proceedings on a regular basis. It is the Federal Government’s area of expertise. If this Council starts writing exceptions to the federal immigration scheme, it will likely invalidate the ordinance. Congress has set the standard. Further, Congress has required the implementation of a system by which State and Local Governments can efficiently and effectively request verification of immigration status from the Federal Government.

Opponents to this measure are against the express policies of the US Congress. The Supreme Court has upheld local laws affecting illegal aliens that are consistent with congressional objectives on numerous occasions. De Canas; Arizona v. Salazar.

This ordinance is harsh only because those most affected by it have ignored the Federal scheme for immigration. They have decided to live beyond the law. The Federal Government has been overwhelmed by the situation.

Now the illegal aliens are demanding that the US Congress change the law. The US Congress has said no. Instead, the US Congress has decided to build a fence along large segments of the southern border. The US President and the Governor of this State have sent National Guard Units to the southern border to assist in securing it against breach. The congressional objectives have been set. This Council’s objectives have been set forth in this ordinance. I urge you to pass it.

October 4, 2006
Escondido, CA