After an emotionally charged, five-hour meeting July 24, the city of Avon Park, Florida, decided not to pass a new law, the controversial Illegal Immigration Relief Act. The vote was 3-2, with the swing vote cast by Brenda Gray, a councilwoman who had prayed for God's guidance.

The law would have prohibited the city from granting business licenses to anyone who "aids and abets illegal aliens." It would have fined anyone leasing or renting property to illegal immigrants, and it would have made English the city's official language.

The Act was based on a similar one passed a few weeks earlier in Hazleton, Pennsylvania. Highlands County Commissioner David Flowers (a former Avon Park city councilman) told the crowd gathered at the Avon Park Community Center to witness the vote that the small Central Florida city in no way resembled Hazleton. "The demographics are not anywhere near the demographics of Hazleton. There is no agriculture there," he said.

"The whole crux of the problem is the federal government needs to step up to the plate and do what they're supposed to do." - Walter Kates, director, FFVA Labor Relations Division

A PATCHWORK

Hazelton and Avon Park are not the only places in the country striking out on their own because of what they see as a lack of federal action on the immigration reform issue. The states of Colorado and Georgia have already passed strict laws aimed that would require proof of citizenship for various services and fine anyone who hires illegal immigrants. And more than 50 laws just went on the books this year in many other states that toughen rules on education, employment, legal services and identification.

"I understand the frustration of the cities and local municipalities and those who have to provide the services, but I still think the ultimate answer is not piecemeal but it's going to have to be enacted by the national government," said Walter Kates, FFVA director, Labor Relations Division. "It's a federal problem and it needs to be handled by the federal government," said Kates.

With a patchwork of varying immigration laws across the country, rumors tend to fly and even those workers who are legal would be very careful where they go. "Our concern was that the crew leaders would not return to our area and allow a crew to be harassed by the local government," said John Barben, a member of the Avon Park Chamber Board of Directors and past president of Highland County Citrus Growers Association.
"We have them calling from up north asking about the issue and what's happening," he added.

A QUESTION OF CONSTITUTIONALITY

Another concern is whether laws like those in Hazleton and almost passed in Avon Park can stand up to legal challenges. Kates isn't sure that those kinds of ordinances are legal under the Immigration and Nationalization Act. "Because it specifically says that the only ones who have the authority to determine if somebody's in this country legally or not are the Homeland Security folks."

Councilwoman Gray told reporters that was one of her major misgivings. City Attorney Michael Disler had questioned the ordinance's constitutionality publicly several days after the City Council's preliminary vote upholding it June 26. At that time Gray supported the action. She reconsidered her position after hearing Disler's opinion on its constitutionality and his concern that it was vaguely worded. Disler has since been relieved of his city post.

Had Avon Park's Illegal Immigration Relief Act passed, some say the town may not have been able to afford court challenges.

And if the lawsuits come in, would such a small municipality have the money to mount a defense? Probably not. Avon Park would have had to face one legal challenge right from the start. A couple who owns rental property hired a law firm that sent a letter urging the City Council not to pass the ordinance because it oversteps the city's authority. Other challenges were expected from advocacy groups, including the Southern Poverty Law Center, which issued a news release saying the ordinance "raises serious constitutional issues and will likely lead to protracted litigation." A small city isn't likely to be able to finance those kinds of court battles.

ROOTING OUT THE REAL REASONS

What was the real, underlying reason Avon Park considered this type of far-reaching crackdown? The mayor said it was to address issues like declining neighborhoods and increasing crime. In truth, the Illegal Immigration Relief Act didn't need to pass to accomplish its purpose.

"Even if it's only a rumor, it certainly has the potential to disrupt the community that's there illegally now. Maybe that's what they're trying to do ultimately - just try to frighten people away before they even get there," said Kates.

Barben agrees. "This is nothing more than the city saying we do not want you here, and we will harass you until you leave."

Whether or not Avon Park takes up the matter again, the ordinance stands as a landmark to what happens when municipalities take immigration reform to the local level. Small cities show up on Lou Dobbs Tonight. Workers (legal or not) scurry and the community is split into factions.

"The whole crux of the problem is the federal government needs to step up to the plate and do what they're supposed to do because, just like international trade, it's a federal problem. It's not something that individual states and municipalities should have to deal with," said Kates.

"We do have an illegal immigration problem, a very complex one. I hope Congress gets it solved before it divides the country," said Barben.

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