Thread: Texas attorney general to review immigration bills

http://www.elpasotimes.com/news/ci_5253572

Texas attorney general to review immigration bills
Article Launched: 02/18/2007 01:41:36 AM MST

AUSTIN - Two Republican leaders in the Texas House suggested this week that the body will tread cautiously in dealing with immigration-related bills.

Most legislation that aims to make life in Texas tougher for undocumented immigrants will first be vetted by Texas Attorney General Greg Abbott, House Speaker Tom Craddick, R-Midland, and state Rep. David Swinford, R-Dumas, said last week.

"We just want to look at them and make sure we get bills we actually have authority over on the floor rather than ones we don't," Craddick said.

Lawmakers so far have filed about 30 bills they say would create disincentives for migrants to stay in Texas illegally and reduce the burden undocumented immigrants put on taxpayers.

Civil rights and immigrants' advocates and other lawmakers say some of those measures run afoul of the U.S. Constitution and impinge on federal authority.

The first hurdle for most of the immigration-related bills will be getting through the State Affairs Committee, which Swinford leads.

Before his committee spends any time debating immigration measures, Swinford said, he plans to get the attorney general's advice about whether the bills are constitutional.

"If they're unconstitutional and we go through this whole process and they get taken to court and thrown out, well, that's kind of a waste of time and energy," he said.

Lawmakers have until March 9 to file bills. Swinford said he would not conduct public hearings on the immigration bills until all of them have been filed and reviewed by the attorney general.

Swinford, whose district includes the town of Cactus, which was virtually vacated after a recent Immigration and Customs Enforcement raid at a meat processing plant, said he wants a rational debate over immigration bills, one that doesn't turn his committee into the "Barnum & Bailey Circus."

State Rep. Bill Zedler, R-

Arlington, filed several bills that will have to get through Swinford's committee.

Zedler said his bills are meant to "disincentivize illegals from coming here in the first place."

Among his measures are ones that would require proof of legal residency or citizenship for all state public benefits, prohibit cities from running day-labor work sites and require undocumented immigrant students to pay much higher college tuition.

"When I talk to constituents, one of the primary messages I've gotten is we need to do something about illegal immigration," he said.

Several bills that would allow state and local police officers to enforce federal immigration laws will also have to withstand the attorney general's scrutiny.

State Rep. Harvey Hilderbran, R-Kerrville, has a measure that would let police officers ask anyone they stop about their immigration status.

"It's completely being ignored," he said, adding that in some cases, criminals in the country illegally have been returned to the streets.

El Paso Police Chief Richard Wiles said his officers already have plenty of authority to assess an individual's legal residency status and to turn a person over to U.S. Border Patrol.

Requiring local officers to enforce immigration laws, though, would be too onerous a burden, especially in border towns, Wiles said.

Local officers, he said, are not trained to enforce immigration law and doing so could alienate immigrant communities, making them vulnerable to criminals.

"The Border Patrol and Immigration do that, but they have training, and that's their bread and butter," he said.

Other measures before Swinford's committee would require proof of legal residency to obtain a driver's license and would put a citizenship label on drivers' licenses.

The committee will also review bills that would increase fees undocumented immigrants pay to send money back home.

A group of business leaders, advocates and legislators who oppose state involvement in immigration policy, said it was a good sign that Swinford plans to have the attorney general review the bills.

"I really believe we're wasting time taking up some of those issues," said state Rep. Chente Quintanilla, D-El Paso, "because I believe that should be a federal issue."

Luis Figueroa, a lawyer for the Mexican-American Legal Defense and Educational Fund, which often sues government agencies it believes violate the constitution, said stopping unconstitutional legislation could save the state from a lawsuit down the line.

"Don't drag Texas into litigation to defend bad legislation to solve a problem that can only be solved by Congress," Figueroa said. "It's bad for Texas, and it's bad for taxpayers."

Brandi Grissom may be reached at bgrissom@elpasotimes.com;

(512) 479-6606.

Sampling of immigration bills filed

Some of the immigration-related bills filed in the Texas House and Senate:


HB127: Requires state agencies to ask customers whether they are legal U.S. residents and report the cost of services provided to illegal residents.

HB38: Requires proof of legal residency in the U.S. to obtain professional licenses.

HB40: Applicants for medical assistance must prove their legal status.

HBs578, 691, 1377: Applicants for a marriage license must swear they are not marrying as a way to circumvent immigration laws.

HB28: U.S.-born children of undocumented immigrants would be ineligible for state services and state jobs.

HBs104, 141, 159, 39: Eliminates undocumented immigrant students' ability to receive in-state tuition rates.

HBs858, 905, 907 1012, 1256: Allows state and/or local police to enforce federal immigration laws.

HB904: Prohibits cities from setting up day labor centers.

HBs931, 932: Requires proof of legal status for a driver's license and a citizenship label on driver's licenses.

HB29: Imposes a fee on money undocumented immigrants send to Central and South America.

HCR11: Resolution calling on the Texas attorney general to pursue lawsuits to collect money from the federal government to repay the state for the cost of undocumented immigrants.
Source: www.capitol.state.tx.us

Luis Figueroa, a lawyer for the Mexican-American Legal Defense and Educational Fund, which often sues government agencies it believes violate the constitution, said stopping unconstitutional legislation could save the state from a lawsuit down the line.

"Don't drag Texas into litigation to defend bad legislation to solve a problem that can only be solved by Congress," Figueroa said. "It's bad for Texas, and it's bad for taxpayers."

No.......it's bad for ILLEGALS and their supporters, Louie.
But you knew that already, right?