Jenkins

For nearly five hours, the Frederick County Commissioners listened to impassioned pleas not to pass a proposal that would deny public benefits to those who cannot prove they are in the country legally.

The public hearing on the county's legislative priorities is now over, and the commissioners will discuss next week which to send to the county's delegation of state lawmakers and which to file away.

The words of those who spoke at the hearing will likely linger through the debates.

Much of the testimony was directed against Commissioner Charles Jenkins, who originally proposed the legislation as part of the 2008 legislative priorities.

Many speakers said Jenkins was not progressive, not proactive, not Christian.

Did he listen? Did he cringe?

Yes, he said, he listened. And he didn't once cringe.

"I've got thick skin," Jenkins said. "I slept OK."

He hasn't changed his mind, though he admits, once again, his proposal won't pass. The hearing didn't sway any votes as he'd hoped. Only Commissioner John L. Thompson Jr. has said he will support Jenkins' proposal.

Jenkins believes he saw an organized effort by civic groups he'd expect to care about this issue.

He said there are people who didn't speak at the public hearing who agree with him. He wants to defend them, and the taxpayers from rising bills caused by illegal immigrants, he said.

"It was a long shot from the get-go. I was hoping we could get it out of my level into the next so they could talk about it in Annapolis, so those folks are aware of what we're dealing with. If another jurisdiction is not doing something to get this to them, how would they know?"

Immigration has caught the attention of Frederick County residents as few issues out of Winchester Hall do.

The commissioners meet almost non-stop every week, talking about topics such as budget transfers, social programs and firefighter labor relations. Rarely do members of the public show up.

Their other options to include as legislative priorities for 2008 generated little comment at the hearing. A handful of people stepped forward to talk about recycling proposals, tolls on I-270 and holding open negotiations between the Board of Education and the teachers' union.

Speakers at Tuesday night's hearing said the immigration issue is important for many reasons: the United States' legacy as an immigrant nation, fears of prejudice against Hispanics, and the federal government's inability to prevent people from immigrating illegally.

The broadest effect of Jenkins' proposal is the denial of a public education to those who are not in the country legally, leaving many questioning if that would create more problems than it would solve.

The Rev. John R. Deckenback, the conference minister of the Central Atlantic Conference United Church of Christ, told the commissioners he would be disappointed in the community he'd come to call home if they were to include the proposal in their legislative package.

"This is a wedge issue designed to divide and to separate," he said.

He cited scripture read recently in his church, asking people not to be haughty and share their resources generously.

Cheri George, of Mount Airy , was one of a few who agreed with Jenkins. She said she's a Native American so she's not against multiculturalism.

"Does illegal mean anything?" George said. "Instead of deporting the people that are in the country illegally, the government has chosen to ignore it and they let us, the taxpayers, pick up the financial slack."

Commissioner David Gray, seen as the only possible swing vote, confirmed Friday he will not vote for Jenkins' proposal. He could never cut off funds to children, he said, and he believes it is impractical in other ways.

But he's glad the issue has been on the table, and want to get input from U.S. Sen. Barbara Mikulski, a Democrat, when she comes to Frederick next week.

"Maybe she can do something so Congress is realizing the problem we have right next to (Washington's) doorstep that doesn't put us at odds with a lot of good people next door, our immigrants," Gray said.

Commissioners President Jan Gardner has criticized Jenkins' plan, but she wants to make clear she is against illegal immigration. She believes the federal government should handle the issue, and said Jenkins' proposal violates federal law upheld by the U.S. Supreme Court. Local governments are prohibited by law from denying undocumented children an education, she said.

Jenkins has said he wants to challenge that ruling.

A local immigration lawyer who spoke at Tuesday's hearing said deciding who is here legally isn't easy.

David Englehart pointed to a 10-year old girl who was eligible for a 10-year green card, but the federal government gave her a 2-year one instead. To get the 10-year card, they had to send the 2-year card back. Since then, the 2-year card has expired.

"She's got a photocopy of an expired green card. She's here legally, but who in the county is qualified to make that determination?" Englehart asked.

The comments against the proposal haven't swayed Thompson.

He asked many speakers during the hearing if they favored illegal immigration. He wanted to identify those who believe the country should have "open borders." Most of the speakers said they did not, though one man did.

"Over the long run, it will be very difficult for our society to maintain both an open border policy with regard to immigration and the modern welfare state," Thompson wrote in an e-mail after the hearing. "One or both of those policies will necessarily have to be curtailed."