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CAIR Letter to United States Attorney, December 4, 2002 COLORADO ALLIANCE FOR IMMIGRATION REFORM December 4, 2002 John W. Suthers United States Attorney 1225 17th Avenue, Suite 700 Denver, CO 80202 re: federal immigration law violations Dear Mr. Suthers: On behalf of the Colorado Alliance for Immigration Reform (CAIR), I write to ask that your Office investigate apparent violations of federal immigration law that have been committed by the Mayor of the City and County of Denver. I wish to draw your attention to two matters. First, Mayor Webb has directed that City and County departments shall recognize as valid identification "matricula consular" cards issued by the Mexican government. Second, the Mayor has directed $15,000 of federal grant money to a Denver hiring hall that serves illegal aliens. I address each of these matters in turn below. 1. Matricula Consular Cards - On 3 October 2002 Mayor Webb announced that the City of Denver would begin recognizing the Certificate of Consular Matriculation, or "matricula consular" identification card issued by the Mexican government as official identification for Mexican citizens living in the United States. Public policy considerations aside, CAIR believes that the Mayor's actions in this regard violate federal law. In support of this belief, please find enclosed relevant portions of a legal opinion prepared by Michael Hethmon (Hethmon Opinion), an attorney for the Federation for American Immigration Reform (FAIR). As the Hethmon Opinion points out, the Mayor's directive recognizing the matricula consular card as valid identification violates both federal criminal and civil law. The Mayor's action potentially subjects him to liability under alien smuggling statutes and constitutes a practice of unlawful resistance to immigration law. In addition, as the Hethmon Opinion also explores in detail, the Mayor's order regarding the matricular consular card conflicts with the U.S. Constitution's exclusive reservation to the federal government of the power to conduct foreign affairs. 2. Hiring Hall - In August of this year, Mayor Webb designated $15,000 of a federal Community Development Block Grant to an organization called el Centro Humanitario Para Los Trabajadores (i.e., the Humanitarian Center for Workers). El Centro is located at 2260 California Street in Denver and serves as a clearinghouse that matches up day laborers with employers. According to multiple media reports, including a 6 June 2002 Denver Post article, el Centro is "a project that serves mostly undocumented workers", i.e., illegal aliens. My own firsthand observations support this assessment. On a day in late November, I personally went to this hiring hall. I observed an individual there ready to go to work who previously had informed me that he was an illegal alien. I also questioned a prospective employer at the hall if he intended to hire people that day, and he responded in the affirmative. I then asked him whether he would be asking for identification from prospective employees, and he replied, "You have got to be kidding me." My personal experiences, coupled with many media reports about the hiring hall, make it obvious that el Centro is in fact facilitating the hiring of illegal aliens, and is doing so with the assistance of federal dollars provided courtesy of Mayor Webb. Simply translated, Mayor Webb has facilitated el Centro breaking federal law with federal money. I respectfully suggest to you that this outrageous practice should be stopped. As outlined in the enclosed Issue Brief prepared by FAIR, the Mayor's actions seem blatantly illegal. He has knowingly assisted el Centro and its employer clients in the recruitment and employment of illegal aliens by providing funds to el Centro. Similarly, as also discussed in the Issue Brief, the mayor providing monies to el Centro has assisted el Centro and its employer clients' harboring of illegal aliens. CAIR urges you to investigate these matters as expeditiously as possible. In the event that your investigation confirms the violations of law alleged above, I trust that your Office will pursue all appropriate criminal and civil remedies against the appropriate parties. Thank you for your attention to this letter. I look forward to your response. Sincerely, Michael J. McGarry Co-Director/CAIR Enclosures Matricula consular ID card Home |