http://www.accessnorthga.com/detail.php?n=207470

Posted: Thursday, February 28th 2008 at 12:32pm
Ga. House votes to allow police to seize cars from illegals
By Scott Kimbler Staff


ATLANTA - Police would have the power to seize cars from illegal immigrants stopped in a traffic accident or cited for driving violations under a plan approved Thursday by the Georgia House.

The proposal faced fierce criticism from Democrats who feared the measure could run afoul of state and federal law, but it earned support from Republicans who argued it would protect citizens from illegals who ``thumb their nose at the state law.''

``Our federal government has failed to deal with the matter at the border,'' said state Rep. James Mills, R-Gainesville. ``However, we do have the matter of securing our state laws.''

Characterizing the problem as an ``epidemic,'' he added: ``We don't know if people are from Iraq, Iran, Irania, Jordan we don't know where they're from.''

Critics said the measure is unconstitutional because it doesn't provide due process for taking the vehicles. Some also worried it could spur racial profiling by police.

``I think there's some constitutional violations,'' said state Rep. Stephanie Stuckey Benfield, D-Atlanta. ``And I think it would face a serious and most likely successful challenge based on the Fourth Amendment.''

Others claimed the measure is part of a heavy-handed strategy that could also snag legitimate residents and immigrants in its net.

``We do have a broken immigration policy. But we cannot just indiscriminately throw out ideas that hurt Georgians in the process,'' said state Rep. Randal Mangham, D-Decatur.

He said he doubts there's a quick way to prove he is legally in the country if he's caught driving without a license.

``Some of you have driven your cars without a license,'' said Mangham. ``And if you look like you're from the Ukraine if you look like you're foreign and it's not clear whether you're legal or illegal, that is a problem.''

Yet supporters, calling it a safety issue, challenged their colleagues to support the plan as a way to prevent wrecks involving illegal immigrants.

``Is not the Georgia and the U.S. Constitution written by and for U.S. citizens? Really, this bill is about protecting my constituents,'' said state Rep. Bobby Reese, R-Sugar Hill. ``We should be protecting our constituents not ... our potential constituents.''

The measure, which passed by a 104-51 vote, also allows police to take rented and leased vehicles if the owner knew, or ``should have known,'' the driver was an illegal immigrant. It now goes to the Senate.

It's the latest plan by Georgia lawmakers targeting illegal immigrants.

The Senate passed two measures this month that would outlaw so-called sanctuary cities where officials are banned from reporting illegal immigrants and allow prosecutors to level a felony charge against people driving without a valid driver's license.

A separate bid to make English the state's official language is still pending in the House. The constitutional amendment fell shy of the 120 House votes it needed this week, but sponsors could revive it.

On the Net:

House Bill 978: http://www.legis.state.ga.us