Arizona's a top topic in Florida
Immigration is talk of capital, campaign

By BILL COTTERELL • The News-Press Capital Bureau • July 11, 2010

TALLAHASSEE - Should Florida copy Arizona's immigration law?

Allowing police to check the status of suspects they believe might be in the country illegally will be a hot topic in the 2011 Legislature. It's politically popular but constitutionally questionable, and certain to spark debate.

"We're all so worried about homeland security and the economic situation, and now we get this perception that aliens are costing us money," said Tampa attorney Bill Flynn, who has practiced immigration law for 30 years. He opposes a state law but believes it's "probably irresistible" in today's political climate.

State Rep. William Snyder, R-Stuart, and Sen. Mike Bennett, R-Bradenton, are drafting a bill permitting police to check immigration status of people they arrest or detain - if there is a non-racial reason to believe they might be in the country illegally. Both emphasize their proposal is not aimed at all foreigners.

"We're not prompting the officer to look for some sign of 'being here illegally,' whatever that might be," said Snyder, who was a police officer for 32 years. "It would be like, if I stopped your car for speeding and saw what I reasonably thought to be a kilo of cocaine in the back seat. I would have a reasonable cause to check it out and, if everything was OK, you'd be free to go."

In announcing last week he was having a companion bill drafted in the Senate, Bennett said it would benefit those who obey the law.

"It's about honoring all those immigrants from all the years past, who were committed to becoming American citizens under the laws of this country," he said.

The issue is a topic in Florida's political campaigns. Republican Rick Scott, running for governor, has promised to "bring that law to Florida" and accuses Attorney General Bill McCollum of waffling.

McCollum criticized the initial Arizona law but supports the amended version, with provisions against racial profiling. Last week, he predicted President Barack Obama will lose his federal court challenge to the Arizona law.

"That's a mistake on his part. It's highly political, and it's unfortunate," McCollum said. "This administration has failed adequately to use the laws on the books to enforce immigration, especially on our border."

But Flynn, the Tampa immigration attorney, said states can't "pre-empt" federal authority for enforcing border laws. Also, he said, asking people to prove their status could violate their Fourth Amendment right to privacy.

"Anybody who's not a moron or extremist is going to say, 'Give the police authority to arrest the dirtbags,' but immigration is pre-empted to the feds, not the states," he said. "This is pure politics, playing on people's fears. It's really a bad idea for Florida."

State Rep. Gary Aubuchon, whose district includes parts of Lee County, said he's in favor of following in Arizona's footsteps.

"My feeling is that, when the federal government abdicates its responsibility to enforce immigration laws, it forces states like Arizona and Florida to look to ways to address the concerns on a statewide basis," said Aubuchon, R-Cape Coral.

He said most of the criticism of Arizona's law was based on the initial proposal and he would rather Florida emulate the final version.

"The fact that people would be committing an offense first before immigration status would be checked, to me, is an important safeguard," he said.

Barie Fez-Barringten, a member of Lee County's Hispanic Affairs Advisory Board, said he, too, would support a bill that allowed officers to check the immigration status of someone arrested for a crime.

But, he said, he would oppose the bill being drafted if it allowed police to detain people not accused of a crime and check their statuses.

"That's the key," he said. "What are they arresting or detaining them for? It's gotta be something that's a violation of some law."

A Rasmussen poll last week showed 62 percent support for Arizona's law in Florida, with 24 percent opposed. Pollster Brad Coker, head of the Mason-Dixon Florida Poll, said he hasn't tested in Florida but Rasmussen's numbers pretty much align with what his firm is finding in some other states.

But he said it might be risky for Scott to jump so forcefully on Arizona's example. It appeals to the most conservative activists in the Republican Party, who harbor doubts about McCollum's career politician image, but Coker said about 30 percent of GOP primary voters are Hispanic - particularly Cuban-Americans who have felt discrimination.

Republican U.S. Senate candidate Marco Rubio, whose parents fled Cuba, has stopped short of endorsing the Arizona law. But he praises that state's toughness and willingness to take on Washington.

"Hispanic voters are going to be coming out in big numbers for Marco Rubio, so Scott may be playing with fire on that one," Coker said. "Florida people back the law but they don't see it as the urgent issue that it is in Arizona and other states on the Mexican border."


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