States Take New Tack on Illegal Immigration
From The New York Times:
[A Florida sheriff uses a way] around rules allowing only the federal government to enforce immigration laws [, arresting illegal immigrants for violations of state identity theft laws for using stolen Social Security numbers].
His approach is increasingly common. Last month, 260 illegal immigrants in Iowa were sentenced to five months in prison for violations of federal identity theft laws.
At the same time, in the last year, local police departments from coast to coast have rounded up hundreds of immigrants for nonviolent, often minor, crimes, like fishing without a license in Georgia, with the end result being deportation.
In some cases, the police received training and a measure of jurisdiction from the federal Immigration and Customs Enforcement, under a program that lets officers investigate and detain people they suspect to be illegal immigrants.
But with local demand for tougher immigration enforcement growing, 95 departments are waiting to join the 47 in the program. And in a number of places, including Arkansas, Florida, Georgia, Iowa, New Mexico, Oklahoma and Texas, police officers or entire departments are choosing to tackle the issue on their own.
State lawmakers, in response to Congressional inaction on immigration law, are giving local authorities a wider berth. In 2007, 1,562 bills related to illegal immigration were introduced nationwide and 240 were enacted in 46 states, triple the number that passed in 2006, according to the National Conference of State Legislatures. A new law in Mississippi makes it a felony for an illegal immigrant to hold a job. In Oklahoma, sheltering or transporting illegal immigrants is also a felony.
It remains unclear how the new laws will be enforced. Yet at the very least, say both advocates and critics, they are likely to lead to more of what occurred here: more local police officers demanding immigrants’ documents; more arrests for identity theft; more accusations of racial profiling; and more movement of immigrants, with some fleeing and others being sent to jail.
[A Florida sheriff uses a way] around rules allowing only the federal government to enforce immigration laws [, arresting illegal immigrants for violations of state identity theft laws for using stolen Social Security numbers].
His approach is increasingly common. Last month, 260 illegal immigrants in Iowa were sentenced to five months in prison for violations of federal identity theft laws.
At the same time, in the last year, local police departments from coast to coast have rounded up hundreds of immigrants for nonviolent, often minor, crimes, like fishing without a license in Georgia, with the end result being deportation.
In some cases, the police received training and a measure of jurisdiction from the federal Immigration and Customs Enforcement, under a program that lets officers investigate and detain people they suspect to be illegal immigrants.
But with local demand for tougher immigration enforcement growing, 95 departments are waiting to join the 47 in the program. And in a number of places, including Arkansas, Florida, Georgia, Iowa, New Mexico, Oklahoma and Texas, police officers or entire departments are choosing to tackle the issue on their own.
State lawmakers, in response to Congressional inaction on immigration law, are giving local authorities a wider berth. In 2007, 1,562 bills related to illegal immigration were introduced nationwide and 240 were enacted in 46 states, triple the number that passed in 2006, according to the National Conference of State Legislatures. A new law in Mississippi makes it a felony for an illegal immigrant to hold a job. In Oklahoma, sheltering or transporting illegal immigrants is also a felony.
It remains unclear how the new laws will be enforced. Yet at the very least, say both advocates and critics, they are likely to lead to more of what occurred here: more local police officers demanding immigrants’ documents; more arrests for identity theft; more accusations of racial profiling; and more movement of immigrants, with some fleeing and others being sent to jail.
posted by Sid Cottingham | 6:30 AM
1 Comments:
The Common Claim that Illegal Immigration is a Federal Dilemma:
An "urban legend" that has unfortunately been widely disseminated holds that states and local jurisdictions cannot tackle the problem of illegal immigration, since it is solely under federal control. Legislators and members of the public cling to this legend when confronted with the enormous consequences of unchecked illegal immigration. This allegation is entirely false.
Undeniably, the United States Congress has ultimate and prevailing authority over immigration. U.S. Const., Art. 1, §8, Cl. 4. Furthermore, it is accurate that any state legislation or local ordinance that conflicts with or contradicts federal statutes is preempted by the Supremacy Clause. U.S. Const., Art IV, Cl. 2. However, the Immigration Reform and Control Act (IRCA), enacted by Congress in 1986, expressly delineates aspects of illegal immigration that can be targeted. Pursuant to 8 U.S.C. §1324a(h)(2), states and localities are not preempted from enforcing "licensing or other similar laws" targeting the rampant illegal immigration crisis.
IRLI has been advocating that states and local jurisdictions are not preempted in the above-mentioned areas and this reasoning was affirmed by two federal judges discussed above (Arizona and Missouri federal victories). These findings should further embolden states and local jurisdictions that they have viable options to target the illegal immigration problem since the federal government is choosing not to enforce its law. States and localities can and should take matters into their own hands.
–Immigration Reform Law Institute http://www.irli.org/bulletin02_0308.html
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