Comment: See below from a recent newspaper article where the government is now attempting to prosecute landlords in Kentucky for "harboring". It is legal to rent to anyone, and it will be interesting to see how the government will be able to show intent to harbor. What do "illegal" people look like? Congress needs to act quickly before enforcement goes completely out of hand.
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May 24, 2008, 11:20PM
Immigration case puts focus on landlords
It's the first time feds have tried to prosecute property owners for renting to illegal residents
By BRANDON ORTIZ
Mcclatchy-tribune
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LEXINGTON, KY. — Four illegal immigrants who rented from Lexington landlords have testified they showed only Mexican identification when they applied for apartments.
The immigrants, who are to be deported, testified in depositions that they did not present American driver's licenses or Social Security cards. One, Adnan Ramirez-Jimenez, even showed a Mexican voter registration card, indicating Mexican citizenship, and a manager wrote on his rental application, "first time in USA."
Ramirez-Jimenez testified that he did not show apartment management at Cross Keys Apartments any proof he was in the country legally.
The depositions were filed in U.S. District Court in Lexington in the criminal case against William Jerry Hadden, 69, and his son Jamey, who are charged with 24 counts of harboring illegal immigrants and 24 counts of encouraging illegal immigrants to remain in the country.
The case appears to be the first time the federal government has tried to prosecute landlords for renting to illegal immigrants, defense attorneys say.
The testimony could bolster the government's contention that the Haddens knew 60 tenants were in the country illegally yet rented to them anyway. Whether that's enough to win a conviction for harboring remains to be seen.
The immigrants were deposed so they would not have to remain in jail until the June 23 trial. A fifth witness was called to testify, but he refused to answer in the deposition.
Harboring laws
The Kentucky American Civil Liberties Union, immigration activists and Jerry Hadden's attorneys have contended that the federal government is stretching the intent of the law.
They say harboring laws were intended to target human traffickers or employers who are trying to hide their work forces. They note it is not illegal to rent to illegal immigrants. The Haddens had no legal obligation to check any tenant's immigration status. And laws passed in other cities prohibiting landlords from renting to illegal immigrants have been challenged in court.
The case could have wide-ranging implications, said Josh Santana, president of the Lexington Hispanic Association. If the government wins a conviction, landlords will be less willing to rent to Hispanics, even those with legal status, he said.
"There are sometimes problems for people of color; we don't need to give excuses to people who are predisposed to not rent to them," Santana said.
Lawyer Tucker Richardson, who represents Jerry Hadden, declined to comment. But his law partner, Russ Baldani, wrote in court papers that the government is pushing a ridiculous interpretation of the law.
Jamey Hadden, who lives in Vietnam, has not been served with the indictment, court records indicate.
