Lawmakers again balk on illegal immigration bills
By Danny Yadron
AMERICAN-STATESMAN STAFF
Saturday, May 30, 2009

The Legislature balked again this session at measures that target illegal immigration — owing partly to the divided House and to questions of constitutionality.

"For some folks, these are line-in-the-sand-type bills ... Some bills have opportunity for discussion; some don't," said Rep. Burt Solomons, R-Carrollton, chairman of the House State Affairs Committee, where several of the measures died this year.

Lawmakers introduced numerous proposals, many of them repeats from past sessions, that would stiffen penalties and deny benefits to illegal immigrants. But the vast majority never made it out of committee, including a ban on "sanctuary cities," which do not enforce immigration laws; a tax on money transfers to Mexico, Central America and South America; and a block on citizenship for U.S.-born children whose parents are illegal immigrants.

The standstill has led some to speculate that state Republicans have backed off the contentious issue, or at least have decided that it should be handled in Washington.

"I think the leadership got the message," said Luis Figueroa, legislative staff attorney for the Mexican American Legal Defense and Educational Fund. "What is the party going to stand for? Anti-business? Anti-Latino? These are not the two messages they want their party to be offering."

The 44-member Mexican American Legislative Caucus discussed the issue with Texas House Speaker Joe Straus, R-San Antonio, in meetings before and after his rise to the speaker's post, members said. Although no formal agreement was made on what immigration bills, if any, would get a vote, there was an agreement to "govern from the center," said Rep. Trey Martinez Fischer, caucus chairman.

"We've demonstrated pretty clearly we can keep those bills from ever coming to the floor," said Martinez Fischer, a San Antonio Democrat. "Joe understands the idea of what comes around goes around — we just have a philosophical respect for each other."

Straus' office acknowledged a meeting with the group but would not discuss details.

Rep. Larry Taylor, head of the House Republican Caucus, said immigration hasn't been a priority this session because of the dominance of other items, such as windstorm insurance.

"There's a limit to what we can do at the state level," the Friendswood Republican said.

There's also the issue of litigation, said Rep. David Swinford, R-Dumas. He said lawmakers do not want to act because they were told in 2007 that several of the bills, including one to block citizenship for U.S.-born children with illegal immigrant parents, are unconstitutional. That claim was echoed by numerous lawmakers, including Taylor.

Swinford was chairman of the House State Affairs Committee in 2007, when many of the same bills failed to gain traction. He said that after consulting with a focus group of constitutional lawyers, including representatives from the attorney general's office, he determined that some of the bills could drag the state all the way to the U.S. Supreme Court. Swinford then stated publicly that he would not give any of the bills a vote.

But none of that has stopped Rep. Leo Berman, R-Tyler, who has repeatedly introduced legislation that deals with illegal immigration over the past two years, including a bill that would restrict in-state college tuition to U.S. citizens.

Berman, who plans to run for governor in 2010 and to make immigration a keystone of his platform, acknowledged that his proposals would result in litigation, but that's the point, he said. Berman said that he thinks the state would win in court but that lawmakers should not concern themselves with questions of constitutionality. That is the judicial system's job, he said.

"Many of our bills were good bills," Berman said. "If the federal government isn't doing it, then the states should do it."

On May 18, Sen. Dan Patrick, R-Houston, managed to shepherd legislation through the Senate that would require law enforcement officers to check the immigration status of people imprisoned for certain felonies. The measure passed with near-unanimous support, but it failed to get a vote in the House Corrections Committee.

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