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Local Cops Authorized to Hunt Down Illegal Migrants

In Alabama and Florida, local cops are now authorized to hunt down illegal migrants. If some in Congress have their way, a proposed bill called the Clear Act, H.R. 2671, will make the practice national:

With more than 8 million undocumented immigrants in the United States, according to government figures, and 5,500 federal agents available for enforcement in interior areas beyond the border, advocates of cracking down on illegal migration see more than 600,000 state and local officers as a "force multiplier" that could finally and irrevocably turn the tide.

In Congress, a bill known as the CLEAR Act would transform what until recently has been a low-key experiment with local enforcement of immigration laws into a national crusade along the lines of the war on drugs. By setting up a system of financial penalties and incentives — including seizure of illegal immigrants' property — it aims to induce cities and states to take on immigration enforcement.

CLEAR Act stands for the Clear Law Enforcement for Criminal Alien Removal Act. It is the brainchild of Charlie Norwood (R-Ga) and has 110 sponsors in the House.

The bill would make civil immigration infractions — such as overstaying a visa — criminal violations. States that fail to pass legislation authorizing police to enforce immigration laws could lose federal funding for jailing criminal immigrants. Additional money would be allocated to states that embrace the program. And local police departments could be rewarded with the proceeds of assets seized from illegal immigrants, including homes, bank accounts and vehicles.

Some, like Colorado's uber-right Congressman Tom Tancredo think state cops hunting down the undocumented will be a money maker.

Tancredo’s Internet Web site indicates that his legislative priorities in Washing-ton, D.C., include blocking any attempt to grant amnesty to people living the United States illegally and creating secure U.S. borders. The third-term congressman has sponsored legislation to effect a moratorium on immigration and to require identification that may be used in obtaining federal public benefits meets restrictions ensuring it is secure and verifiable, among other initiatives having to deal with immigration.

....Tancredo said sheriffs in his home state of Colorado have started to realize that detaining illegal immigrants can be a profit-making venture. The sheriffs are detaining illegal immigrants who have been arrested and charged with committing a local crime and billing the federal government for the immigrants’ detention, he said.

Walter in Denver says Tancredo is Colorado's national embarassment.

The LAPD is opposed to the plan.

...spokeswoman Sandra Escalante said the department had no plans to become involved in immigration enforcement. Department policy for nearly 25 years has generally prevented officers from questioning people about their immigration status or from turning otherwise law-abiding immigrants over to federal authorities. "We don't arrest people because of their status," Escalante said.

We're adamantly opposed to this. For one thing, it will step up racial profiling. Driving While Latino. For another, many immigration violations are civil, not criminal violations.

A central issue is that many immigration violations are civil, not criminal, offenses. For example, overstaying a visa — an infraction that accounts for 30% to 40% of illegal immigrants in the country — is a civil matter. Since city police don't collect back taxes for the IRS, they shouldn't round up deportees either, critics say. "For a very long time, the view of the Justice Department under the various administrations, and the majority view of the federal courts, was that state and local police … do not have the authority to make arrests for civil immigration violations," said Michael Wishnie, a New York University law professor and immigrant advocate.

For another, it will be a danger to immigrant women who are victims of domestic violence.

By giving local police forces the authority to enforce civil immigration laws, the CLEAR Act would undermine essential federal protections that were established under the Violence Against Women Act. These protections were specifically crafted to ensure that immigrant women would not have to fear deportation if they reported abuse and other violence to local law enforcement authorities.

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