Bill to deny bail to illegal immigrants proposed in N.C. House
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Offenses would include traffic violations
February 11, 2009 - 6:44 PM
Barry Smith
Freedom Raleigh Bureau
RALEIGH - Illegal immigrants charged with a number of offenses, including traffic violations, would be denied bail under a bill filed by two freshmen Republican lawmakers.

"For me, it's about trying to keep our communities safe," said Rep. Pearl Burris-Floyd, R-Gaston, one of the sponsors.

The bill would instruct magistrates to have a presumption that no condition of release would reasonably assure the appearance in court of a person not lawfully present in the United States if the person is charged with a sex offense, a violent felony, a driving offense, a drug offense or a gang offense.

A spokeswoman for El Pueblo, a Latino advocacy group, said the organization is still reviewing the bill.

Sarah Preston, legislative director for ACLU of North Carolina, said the bill was overly broad and would be expensive.

"It catches pretty much everyone, not dangerous criminals," Preston said.

Rep. Justin Burr, R-Stanly, the other bill sponsor, said the bill was intended to be broad.

"This is just a way to make sure these folks are being held and not put back on the streets," Burr said.

He said the bill is not meant to replace the current 287(g) program that is operating in a handful of North Carolina counties, including Alamance and Gaston. The program allows federal officials to hold illegal immigrants arrested in those counties.

"This would give them the ability to hold them statewide," Burr said.

Burris-Floyd and Burr said they did not know how much the bill, if it becomes law, would cost local governments who foot the bill for holding inmates in local jails.

Burr noted that one prevision in the bill would allow federal Bureau of Immigration and Customs Enforcement to reimburse the state for the cost of incarceration.

Preston said that there is no guarantee that the costs would be reimbursed.

"There's no agreement between ICE and the state," Preston said.

Preston noted that local sheriff's departments usually bear the cost of monitoring and feeding inmates in county jails.

"It's going to be quite costly to hold everyone," Preston said.

Preston said the bill could include some parking violations. She said it could also lead to racial profiling.

Burris-Floyd said that she intended the bill to include illegal immigrants who commit traffic offenses that cause serious bodily injury.

"If you're here illegally, the only time you are going to get caught is if you've done something wrong," Burris-Floyd said.

Burr added: "They shouldn't be out of jail anyways in my opinion. They need to be detained until they're deported."


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