tennessean.com
Written by Brian Haas
The Tennessean
4:28 AM, Feb. 14, 2012

A Republican lawmaker wants higher bails set for illegal immigrants involved in serious injury or fatal crashes.

A bill proposed by state Rep. Joe Carr of Lascassas would lead to higher bail amounts for illegal immigrants in those situations by automatically treating them as a flight risk — making it harder to bond out before trial.

Carr said the bill follows his philosophy of tackling illegal immigration one issue at a time, something he says the state should do to “de-magnetize itself from the dependency illegals have on state services and the fact that they feel like they’re welcome here.”

“They’re not welcome in Tennessee,” he said.

Carr’s bill has moved steadily through the legislature and is scheduled to be discussed today in the House Judiciary Committee.

Across the country, state legislators have been getting more aggressive in tamping down on illegal immigration.

Georgia is mulling over provisions to bar illegal immigrants from state colleges and universities. Iowa may allow anyone to file a complaint with the state’s attorney general with allegations that a business is employing illegal immigrants. The National Conference of State Legislatures reported earlier this year that such proposed state legislation reached record numbers across the nation in 2011.

Such legislation has been met by widespread opposition from immigration civil rights advocates and attorneys who say immigration enforcement should remain a federal function.

Carr’s law in particular is being questioned on its constitutionality, given federal and state laws governing how bail should be set for suspects. And it’s unclear how the law would interact with a new program called Secure Communities that requires all jailers to check immigration status of arrestees so federal authorities can detain illegal immigrants.

“I’m trying to make it more difficult for those who are here illegally to jump bond, so they appear in court,” he said. “I’m trying to assure that the victims get their day in court and that somebody who is here illegally doesn’t flee the country.”
Critics see problems

Murfreesboro civil rights attorney Jerry Gonzalez, who has specialized in bail issues, points to a 2009 study by the Administrative Office of the United States Courts that concludes, “Citizenship is not a significant predictor of either failure to appear or new arrest during the pretrial period.”

But Gonzalez said that there are bigger problems with Carr’s bill. He said that designating someone a flight risk based solely on immigration status would conflict with not only state law that sets out specific criteria for flight risks, but also the Eighth Amendment to the U.S. Constitution.

“An individual’s bail must be set on an individualized basis,” Gonzalez said. “It cannot be based on some broad principle that is supposedly applied to everybody.”

Gonzalez has successfully sued several counties for doing just that. According to those lawsuits, some counties were setting blanket bail amounts based solely on the charge, instead of setting it based on each case. Gonzalez said that it likely would be constitutional to consider immigration status when setting bail, but only as one factor among many.

Another point of contention could be how to pay for the new law. County jails would be the ones housing these illegal immigrants, possibly leading to increased local costs. The bill predicted each illegal immigrant held under those circumstances likely would cost about $8,318.

“Under current law, a person who is unlawfully present in the country and commits a serious offense would be detained by federal immigration authorities,” said Eben Cathey, communications coordinator for the Tennessee Immigrant and Refugee Rights Coalition. “If this bill were to pass, that very same person would instead remain in custody of the local jail at local taxpayer expense.”

Davidson County Sheriff Daron Hall cautioned against drawing any financial conclusions from such a bill. He said that some of those costs could be picked up by the federal government, which reimburses some counties for housing illegal immigrants being detained.

He said that he supports Carr’s bill so long as it’s federal immigration authorities determining immigration status. His office in 2007 joined the federal 287(g) program, which allows jailers to interview and screen all arrestees for immigration status. His participation in that program came after an illegal immigrant with multiple prior DUI and traffic offenses killed a Mt. Juliet couple in a traffic crash.

“Clearly, we believe a person who is arrested for criminal charges and here illegally does need an increased bond,” he said. “I think there is definite evidence on the flight risk side.”

Illegal immigrants involved in fatal crashes may face higher bail | The Tennessean | tennessean.com