Rule of Law – Mission Viejo vs. Sacramento
by Dale Tyler

The Mission Viejo City Council passed a resolution to indicate that the city disagrees with AB 1236, which outlawed the use of E-Verify by city contractors. E-Verify is the key way that Mission Viejo ensures that no illegal aliens are being paid by our taxes. Mission Viejo began its use of E-Verify in 2007 by passing an ordinance introduced by Councilman J.P. Ledesma. The E-verify requirements were expanded in 2010.

The resolution was introduced by Councilwoman Rhonda Reardon and was passed 5-0. A copy of the Resolution and a research paper expanding on the principles involved can be found here.

It is truly a shame that the Democrats in Sacramento cannot simply agree to follow the federal laws that make it a crime to enter this country without proper documents, make it a crime to work in this country without proper documents and make it a crime to remain in this country when any temporary permission to enter has expired. However, since the unions that the Democrats are beholding to need more dues- paying members, like the SEIU, AB 1236 was passed.

Here are a few passages from the Resolution. I urge you to read the entire document. It is a rousing defense of the rule of law.

“The city adopted its [2007] ordinance based upon stated findings that a just society requires enforcement of and compliance with democratically enacted laws; that governmental entities should promote compliance with the law and should avoid actions and policies that encourage disrespect for and violation of the law and reward lawbreakers at the expense of law-abiding people and businesses; that federal law regulates immigration and justifiably requires that certain conditions be met for a person to be authorized to work or reside in the United States; that the welfare of the public and, in particular, law-abiding persons and business entities, is served and promoted by governmental policies and procedures that deter and prevent legally unauthorized employment; and that among such policies and procedures are those that ensure verification of eligibility for employment consistent with federal law.”

“Just as citizens and other residents may not elect what laws they will obey, the executive authority may not elect which laws it will enforce. The duty of the government to enforce the laws is coequal with the duty of citizens to obey them. The executive authority may not pick and choose which laws to enforce such that there results a complete absence of enforcement of one or more laws. The executive may not substitute its own policy preferences for the will of the people as expressed in legislation. The government of the United States was established to get rid of arbitrary, discretionary executive power. Any concept of presidential nullification of disfavored statutes by means of nonenforcement is contrary to the constitutional mandate of Article II, Section 3 that the president take care that the laws be faithfully executed, and to the Article I, Section 1 vesting of all legislative powers in the Congress, and to the constitutional doctrine of separation of powers.”

“The people of Mission Viejo share with other Americans a patriotic devotion to the principles upon which our nation was founded, and they take pride in their previous efforts to uphold our nation’s ideals. The city considers its adoption of one of the nation’s first local government E-Verify laws to be an example of legitimate local efforts to enhance compliance with U.S. immigration and employment laws and to uphold the bedrock American principle of the rule of law. The city chose to do business with only those firms that were willing to make an extra effort to better comply with federal immigration law. It took the risk that its contracting costs would increase. It applied the electronic verification requirement to both its contractors and itself. We consider it to be our duty—indeed, it is our privilege—to pay whatever cost is entailed in doing all we can to defend the American system of religious, political, and economic freedom secured by popular government under the rule of law.”

This resolution makes a very powerful case for E-Verify and forcing all levels of government to obey the laws. In this case, Sacramento Democrats are enabling illegal aliens to live and work in this country. However, the Obama administration is also guilty of “thumbing its nose” at immigration laws on the books. They provide amnesty to many thousands of illegal aliens that are not deported when caught committing so-called minor crimes. Obama has proposed to let college students who are here illegally enter public colleges and receive taxpayer funds to attend school.

I am proud that Mission Viejo has taken a principled stand against those who would subvert our laws by government fiat.