Stiffer law on crossers advances in House

Howard Fischer Capitol Media Services
March 24, 2010 12:00 am

PHOENIX - Without a word of debate, the House on Tuesday gave preliminary approval to a series of changes in state law to combat illegal immigration.

HB 2632 would allow police to arrest anyone in the country illegally and charge them with a state trespassing violation, to give officers clear legal authority to detain illegal immigrants.

Whether the provision is legal remains to be seen.

Federal courts elsewhere have rejected similar state laws, saying only Congress can approve laws allowing the arrest of those who enter the country illegally. But Sen. Russell Pearce, R-Mesa, who has been behind much of the legislation aimed at illegal immigrants, said he believes it will be upheld.

The measure also seeks to overrule what Pearce has called "sanctuary policies."

As approved Tuesday, it requires police to make a "reasonable attempt, when practicable," to determine the immigration status of anyone they encounter as part of any "lawful contact" they make. That would override the practice in some communities of telling police not to raise the issue so as to not deter victims and witnesses from coming forward.

Another provision would make it a crime for a motorist to stop on a road to hire or attempt to hire someone for a job elsewhere. Violators could go to jail for up to six months. Those who solicit work in a pubic place would face the same penalty.

That law is aimed at "day laborers," some of whom are undocumented workers, who often congregate near home-improvement stores.

HB 2632 would also make it a crime to transport, conceal or harbor someone who the person knows - or recklessly disregards the likelihood - is an illegal immigrant, including family members of those who entered the country illegally.

A final roll-call vote will send the measure to the Senate, which already has approved a virtually identical bill.

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