Thread: IA: Proposal denies bail to unlawful immigrants

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April 11, 2008


Proposal denies bail to unlawful immigrants

By JASON CLAYWORTH
REGISTER STAFF WRITER

Illegal immigrants arrested in Iowa would be denied the ability to bail themselves out of jail under a new provision added to an already controversial legislative proposal that could be considered by the Iowa House next week.

Under the proposal, law officials would have to hold illegal immigrants who have been arrested until charges were resolved or until federal immigration officials took custody of them.

Detaining illegal immigrants who are not deemed to be dangerous would create more congestion in Iowa's already overflowing jails and cost taxpayers millions of dollars, immigration advocates said.

Furthermore, any person who is physically in the United States has the right to due process, which requires that the government uphold all of a person's legal rights during a prosecution process, opponents said.

"So the Nazis are running the Legislature? Why don't they just get slavery back?" said James Benzoni, an immigration lawyer in Des Moines. "This is racism. It's us versus them. There's no empathy."

Marshalltown resident Mona Kilborn said the proposal before Iowa lawmakers is about public safety. Kilborn was in a car with her husband and mother in 2007 when a vehicle driven by an illegal immigrant crossed three lanes of traffic, ran two stop signs and plowed into their van.

Kilborn's mother died. The driver had been previously arrested on drug charges and was deported after the crash that killed Kilborn's mother.

"This is a good thing to do, but it's a drop in the bucket," said Kilborn, who said she favors a fence along the United States-Mexico border.

House Majority Leader Kevin McCarthy, a Des Moines Democrat, said the legislation has an "even or better chance" of passing, even though it would "break the backs of county governments" that could face additional costs to hold the unauthorized immigrants if federal immigration officials don't respond.

McCarthy blamed the situation on the federal government's failure to enforce existing immigration laws.

McCarthy, a former prosecutor with the Polk County attorney's office, said federal immigration officials frequently ignore notifications by local officials that they have arrested an illegal immigrant. In most of those cases, the person is released, he said.

Tim Counts, a spokesman for the U.S. Immigration and Customs Enforcement, or ICE, acknowledged Thursday that the department is sometimes unable to respond to local officials because of a lack of resources. The department places its highest priority on deporting or punishing the most serious criminals first, he said.

However, Counts noted that federal officials in recent years have expanded their efforts to deport criminals held in federal, state and local prisons and jails. A new program called Secure Communities was unveiled last month with a goal of removing all convicted criminal illegal immigrants nationwide.

The provision to deny bail to illegal immigrants is part of a larger bill, House File 2610. It would require employers to verify employees' residency status by obtaining a Midwest-issued driver's license or identification.

Even without the no-bail provision, the legislation would probably face multiple legal challenges, opponents have predicted.

The bail ban was added to the proposal by the House Ways and Means Committee this week. The revision does not include any money to help county jails or state prisons deal with a possible influx of inmates.

www.desmoinesregister.com

Illegal immigrants are flight risks.

Bill targets illegal immigrants
By: Shawn Gude - The Daily Iowan
Posted: 4/14/08

Illegal immigrants behind bars wouldn't be able to post bail under a bill set to hit the floor for debate this week in the Iowa House.

The bill, HF 2686, has evolved from a workplace identity-theft measure to a more expansive one that includes the contentious bail-denying provision.

Rep. Paul Shomshor, D-Council Bluffs, acknowledged this much, saying the proposed law is "controversial, but there are aspects that are beneficial if people are concerned with illegal immigration."

The bill would require employers to check workers' identification - either a driver's license, or a non-operator's identification card from a state surrounding Iowa - within 10 business days of hiring the individual. In addition, a provision in the bill would make it illegal for workers to attempt to get around the identification system by posing as a fictitious person.

"If people are concerned about businesses taking advantage of workers, I think it's a good bill," Shomshor said.

Shomshor, chairman of the House Ways and Means Committee that recently approved the bill, stressed the measure is still a work in progress - even among his fellow party members.

"We're kind of still debating it as a caucus … There's some work to be done still," he said.

www.dailyiowan.com