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Photograph by Brian Connelly

Student Protest: Several hundred students carrying Mexican flags rallied in front of San Jose City Hall March 27 in protest of pending legislation in Washington, D.C., that could make it a felony to be an illegal immigrant.

San Jose council members oppose new federal immigration legislation

By Monica Heger

The San Jose City Council took a symbolic stand against the immigration legislation passed by the U.S. House of Representatives, even though it failed in the Senate.

The council on March 28 unanimously opposed HR4437, which sought tougher penalties on illegal immigrants and penalties for anyone who provided aid to illegal immigrants.

Along with the council's opposition, members called for an immigration reform bill that is "fair, just and humane, and recognizes all immigrants for their contributions to our economic and social life."

Council members said the bill should prevent the criminalization of the 12 million illegal immigrants and community and faith-based organizations that provide assistance and services to this population. They also called for a path to permanent residency for undocumented workers and students.

"I'm proud to work side by side with people who think injustice is not acceptable," said Councilwoman Nora Campos.

"I can't imagine if people were to pursue each other and try to figure out who was a criminal," said Councilman Ken Yeager, who is running for a county supervisor seat. "It'd be a science fiction movie."

The council vote came the day after San Jose's downtown streets filled with protesters, including students who demonstrated by walking out of their classrooms. The vote also followed Saturday's 3-mile march, which formed following an East San Jose rally protesting the immigration reforms.

Richard Konda, executive director of the Asian Law Alliance, spoke at the council meeting against HR4437, saying the criminalization of immigrants was not the answer. "We must protect the rights of all people," he said. "We must offer a path to legalization, a path to citizenship, a path to participation."

Another major concern was that the bill sought to turn city and government employees into immigration officers by making it an offense to assist illegal immigrants.

"City employees do not want to be turned into INS agents," said Erik Larsen, president of the Municipal Employees Federation. "We want the citizens of San Jose to know that we support you and will provide services to you no matter where you come from or your immigration status. We oppose the hateful legislation, the racist legislation."

While HR4437 had already been defeated in the Senate by the time the council met, the intent of the council's decision was to demonstrate San Jose's position on immigration laws.

Following the failure of the bill at the federal level, California state lawmakers came up with 25 bills aimed at immigration reform. Some of the reforms include elements of HR4437, such as encouraging police officers to act as immigration agents. The measures also seek to prevent illegal immigrants from attending college and prohibit state-funded benefits.