Senate panel OKs bill to check immigration status

Jan 13, 2011 6:53pm

JACKSON, Miss. (AP) — A Senate committee on Thursday cleared a bill — similar to one in Arizona — that would allow police officers who stop people for violations such as speeding or a broken tail light to check their immigration status if there's reasonable suspicion they are here illegally.

But at least one state lawmaker, Sen. Kelvin Butler, a Democrat from Magnolia, said he's concerned the bill passed by the Judiciary A Committee would pave the way for more racial profiling.

Committee Chairman Joey Fillingane, R-Sumrall, said the bill specifically said the immigration check cannot be based solely on race or ethnicity. But Butler said "the officer has the right to do whatever he wants to do because he has the gun."

"I have serious concerns," said Butler, who is black. "I have boys. I have nephews and I have church members that go through this daily."

The bill goes next to the full Senate for consideration.

Butler also questioned how much the legislation, which is similar to the law enacted last year in Arizona, would cost the state. Local law enforcement agencies would be tasked with detaining suspects and transporting them to federal authorities who handle immigration issues.

After the committee passed the bill, a crowd of tea party members and those who oppose illegal immigration applauded.

Mary McLaurin, a Ridgeland resident, said her brother's business often loses projects to other contractors who hire illegal immigrants and pay them a lower wage. She said the other contractors are able to make lower bids.

"Our constitution represents citizens of Mississippi. It doesn't say anything about representing citizens of other countries," said McLaurin, who was at the committee meeting.

On Wednesday, dozens of Hispanics and immigrant advocates protested the bill at the Capitol.

Under the bill, it's unlawful to transport or harbor illegal immigrants or to pick them up and hire them for work. Charitable organizations are exempt from the law.

The bill also would penalize employers who are found in violation of the state's E-Verify law that requires them to check the legal status of workers through a federal database. A first offense would result in the company's state licenses being suspended for 10 days. With a second offense, all state licenses would be revoked permanently.

Another provision of the bill puts the attorney general's office in charge of enforcing the E-Verify of the proposed law.

Fillingane said if the bill was to be enacted, he would expect a legal challenge.

A federal judge has blocked provisions of Arizona's law that require immigrants to obtain or carry immigration registration papers and that require police, while enforcing other laws, to question people's immigration status if there is a reasonable suspicion they're in the country illegally.

Fillingane said he believes a court challenge in Mississippi would eventually wind up before the 5th U.S. Circuit Court of Appeals in New Orleans. "The question has been asked why then don't we wait and sit back and see what the outcome is," he said. "We sit in what is arguably the nation's most conservative circuit appeals court. Therefore I believe there will be a different interpretation of the law in Mississippi than what you'll find in Arizona."

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