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Senate softens bill aimed at punishing ‘sanctuary cities’


March 2, 2006
By Joe Hanel | Herald Denver Bureau

DENVER - A Senate panel passed a watered-down version of an immigration bill that takes aim at "sanctuary cities."

Critics, however, said the idea of sanctuary cities is a myth. But some witnesses cited several examples, including Durango, Denver and Boulder.

The sponsor, Sen. Tom Wiens, R-Castle Rock, said his bill would clear up confusion over whether or not a city has a sanctuary policy. The bill defines a sanctuary policy as prohibiting local officials from communication or cooperating with federal immigration officials.

"One day they say they are, another day they say they're not. We have this continuing confusion," Wiens said. "It should not be up to counties and municipalities to instruct their peace officers to selectively enforce laws."

In 2004, the Durango City Council unanimously passed a resolution pledging the city would not use any "municipal resources" to turn over illegal immigrants to federal officials unless they commit crimes. The resolution drew fire from activists opposed to illegal immigration. The activists called it a sanctuary policy.

On a 4-3 party-line vote, the Senate Judiciary Committee changed the bill to require local police to call the feds only for suspected illegal immigrants who are arrested. The original bill would have required local police to report every person they suspected who was in the country illegally.

After amending it, the panel voted 7-0 in favor of the bill. It now goes to the full Senate.

Wiens' bill tells cities and counties to report to the Legislature how they have cooperated with federal immigration authorities. It withholds grants from the state Department of Local Affairs to cities that don't cooperate with immigration enforcement.

The role of federal and local law enforcement is a hotly debated part of the immigration debate. Many local police departments say they don't have the training or the resources to be border cops. Federal Immigration and Customs Enforcement officers often don't respond when called on an illegal immigrant, they say.

Earlier Wednesday, the same committee defeated a bill that would have required people to show a birth certificate or passport to register to vote. Wednesday night, the committee was hearing a bill on document fraud, also sponsored by Wiens.

Adrianne Benavidez of the Colorado Hispanic Bar Association said she knows of no Colorado city that has a sanctuary policy as defined in the bill. But other witnesses accused Durango, Denver and Boulder of having sanctuary policies.

Last week, a House committee killed seven Republican immigration bills and passed two. The same committee passed a third GOP bill Tuesday.

jhanel@durangoherald.com