As the debate on illegal immigration is now back in flow after a recent ebb now that Arizona has shaken up the hornet’s nest, Tomball is now faced with its own issues.

Earlier this month, the Tomball city council announced its intentions to “step away from” an agreement with property owners Frank and Russell DeNina regarding the use of the DeNina’s 3.5 acre site just east of the city’s rail road tracks for the purposes of a day labor site.

For 10 years, the City of Tomball has paid the ad valorem taxes on the site, about $1,400 a year, the liability insurance, as well as maintained the upkeep of the site where dozens of day laborers convene every morning awaiting work.

But now, with a vast majority of Tomball residents very much in step with a similarly large proportion of southern conservatives irate over the influx of illegal immigrants and the perceived red carpet treatment that many believe they receive, city leaders are distancing themselves from any perception they are supporting, or enabling, illegal immigrants.

Councilman David Quinn suggested that the Greater Tomball Area Chamber of Commerce take over the bills, since it was the business community that approached the city more than a decade ago, complaining about day laborers milling around their streets and sidewalks awaiting work.

But according to Chamber President Bruce Hillegeist, the Board of Directors rejected that idea.

Hillegeist said the Chamber is “not in favor of funding the day labor site.”

First the city announces they want no part of the day labor site. Now the Chamber says they aren’t interested.

If Tomball still wants to retain the day labor site, and many do not, who will step up to the plate?

Rodney Hutson is a developer and property owner who owns several lots and buildings in Tomball’s downtown. If the day labor site ceases to exist, his properties could be among the most affected.

He believes the site has been a benefit for the city and would like to see the agreement continue.

“Which is better? To see six guys on every other corner, or have a designated area and you don’t have any problems?” Hutson said.

So if the city isn’t going to pay for it, and the Chamber doesn’t want to get involved, should a private citizen such as Hutson take the lead?

“When private businesses start to get into that sort of thing, it starts an employment service,” he said. “It rings of all kinds of problems. Because then I’ve become a source of employees on a daily basis.” Russell DeNina has said there’s “never been one problem” at the day labor site since it was constructed. Last week he said he had yet to hear from the city regarding the expired lease or their plans for renewal, or non-renewal.

Should no one step forward to take over the site, not the city, not the Chamber, not private business, DeNina will be left to his own devices and it will be he and his father’s decision alone whether to keep the day labor site open.

While DeNina said last week he wasn’t sure which direction he’d take, he said he would likely close the site down, primarily due to liability issues.

“We want the city to have it, or some entity, because they provide liability insurance on the place,” he said. “If no one takes it, we would probably shut it down just because of liability reasons.”

A common knee-jerk reaction is often “Why don’t the police just arrest them and deport them?”

But as Tomball Police Chief Rob Hauck explains, it’s not that simple.

Hauck said police first and foremost protect the city and should they encounter an illegal immigrant during a typical law enforcement action, they are arrested. Officers then contact Immigration and Customs Enforcement (better known as ICE), who then decides whether or not to deport them. Hauck added that scenario happens “more often than people think.”

“We have no vehicle to arrest them for being here illegally, no means for deporting them. It isn’t that easy,” he added. “My job is not to use the taxpayer dollars of Tomball to do the federal government’s job and I can’t.”

Whether the day labor site remains in Tomball and the need for their services exists, make no mistake: those who utilize it are not going to disappear. Whether it be the donut shop on Main Street, the alleys of antique stores on Market Street or parking lots on Commerce, day laborers, legal or illegal, will still search for work.

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