http://www.azstarnet.com/sn/border/128298

Published: 05.09.2006

Trespass law for border security loses steam
Republicans balk at costs related to entrant arrests
By Howard Fischer
CAPITOL MEDIA SERVICES
PHOENIX — An increasing number of Republicans are balking at putting a new trespass law into a comprehensive border security package.
A two-hour meeting of House Republicans on Monday found support for funding border radar and for sanctions against companies that knowingly hire undocumented workers. And there appears to be consensus to fund National Guard troops in Southern Arizona without a provision that Gov. Janet Napolitano finds unconstitutional.

But enough Republicans balked at creating a new law to let state and local police arrest illegal immigrants that it appears not to have the 31 votes needed for approval by the House.
Much of the reason is money.

Rep. Marian McClure, R-Tucson, noted that the proposal from GOP leadership makes only $30 million available to local communities. That is supposed to cover the time and expenses of police in arresting those not in this country legally, the costs of pretrial incarceration and the expenses of prosecutors and courts.

That amount, she said, will not be enough to avoid "crippling" counties.
Rep. Tom O'Halleran, R-Sedona, figured just jail costs for one person run $25,000 a year. And Rep. Russell Jones, R-Yuma, said his own county sheriff predicted jailing costs alone of $21 million a year.

The rising opposition to a trespass law drew derision from Rep. Eddie Farnsworth, R-Gilbert. He said legislators pass new criminal laws all the time without worrying about the cost.

And Rep. Russell Pearce, R-Mesa, said the state would save more in the long run by not having to provide services to illegal immigrants. But House Speaker Jim Weiers acknowledged there is nothing in the proposal to pass those savings on to local law enforcement.

Rep. Jennifer Burns, R-Tucson, said she also fears a new law would result in those here illegally not reporting when they are victims of crimes. "We're putting a target on the immigrant community," she said, making them easy prey for criminals.

And Burns said if lawmakers aren't concerned about immigrants as victims, they should be concerned about them as witnesses.

"Maybe it's my brother who's the one that gets killed, and the only witness is an illegal alien," she said. "And then we have the problem that I don't receive justice because the people that witness the crime are unwilling to come forward."

Farnsworth said that's no different from others who don't report lawbreakers like bank robbers. But Rep. Mark Anderson, R-Mesa, said there's a difference: This country never ignored laws dealing with bank robbers the way it has on immigration.

"We said, 'Hey, have a job. Here, put your kids in school. Here, have some benefits,'" Anderson said.

Anderson, who voted for a stand-alone trespass bill last time, said there's also a practical issue. "I don't want to see us pass a bill that the governor's going to veto," he said. Napolitano rejected an earlier immigration bill and has said she would kill any package with the same provisions.

But the possibility did not bother Republican senators at their own caucus Monday. Sen. Dean Martin, R-Phoenix, said the best solution might be to stop worrying about what Napolitano will do and instead put the package — trespass provision and all — on the ballot.