editorial
A clumsy shot at immigration

Denver's Initiative 300 would mandate the impounding of unlicensed drivers' cars, a major burden on law enforcement.


Posted: 09/28/2009 01:00:00 AM MDT


There's no doubt this country needs comprehensive immigration reform at the national level. But what we don't need is another back-door effort conscripting local authorities to take on immigration enforcement duties that ought to be handled by federal authorities.

That's the apparent aim of a question Denver voters very well may see on their November ballot. Initiative 300 concerns the mandatory impounding of cars whose drivers are not licensed.

While we certainly do not want to see unlicensed drivers on the roads, the proposed ballot initiative is a blunt instrument that would burden local police and the city budget.

We urge Denver voters, who may see this question on their November mail-in ballot, to reject it.

We say that voters "may" see it because the validity of the signature- gathering process is being challenged in court, so there is uncertainty about whether it actually will make it to voters.

However, given that Denver voters will get their mail-in ballots well in advance of the Nov. 3 election, we think it's important to have a robust public discussion of the matter early.

The impound question would take away the discretion of law enforcement to decide whether it's better for an officer to sit with a car driven by an unlicensed driver and wait for a tow truck, or say, chase an armed robber or something else more serious. It is an ill-advised attempt to dictate law enforcement by ballot initiative.

It is a second bite of the apple for a group that last year was successful in convincing Denver voters to approve an impound question. The initiative directed police to impound cars of unlicensed drivers and charge a $2,500 impound bond.

However, the measure was written in such a way that it was not binding upon police. The new ballot question is an effort to tighten up the language and force police to impound cars when they pull over someone without a license.

That means police will spend their time — and our tax dollars — waiting for tow trucks, doing inventory on a vehicle and its contents and writing reports instead of deciding which of the law enforcement demands before them is truly most important.

Furthermore, police are instructed they don't have to impound cars belonging to drivers without licenses in their possession who have "convincing corroborating evidence" of their identity. We don't know what that means, and we suspect it would be tough to prove without a license or a passport.

We also believe the measure could raise questions about violations of due process rights and constitutional protections against illegal search and seizure.

The Colorado Association of Chiefs of Police and the County Sheriffs of Colorado oppose the initiative. There had been some activity in getting similar questions on the ballot in Aurora and Lakewood, but according to elections clerks, they are not scheduled to go before voters this November.

Drivers who take to the roads without insurance or a license are not to be tolerated, but they can and should be handled within existing laws.

Adding this clumsy mandate to the city's municipal code would only confuse the situation and unnecessarily handcuff police. We urge voters to oppose Initiative 300.

http://www.denverpost.com/opinion/ci_13434042