State funds in play under 'sanctuary city' bill

By PEGGY FIKAC
AUSTIN BUREAU
Feb. 16, 2011, 10:39PM

SANCTUARY CITY BILLS
Included in Senate Bill 11 by Sen. Tommy Williams, R-The Woodlands and House Bill 12 by Rep. Burt Solomons, R-Carrollton:

A local governmental entity may not enact a policy prohibiting the enforcement of state or federal immigration laws including the Federal Immigration and Nationality Act.

In particular, the entity may not adopt a policy prohibiting any of the following:

* An employee from inquiring into the immigration status of a person lawfully detained or arrested.

* An employee from requesting or accessing immigration information of a personal lawfully detained or arrested.

* Immigration information requested from being stored and exchanged with other federal, state, or local governmental entities.

* An employee from assisting and/or cooperating with a federal immigration officer including in enforcement activities.

* In addition to not adopting a policy, an entity may not, by consistent actions, prohibit the enforcement of state or federal laws.

* State grant funds for the entity shall be denied for the fiscal year following the year in which the policy is adopted or the determination is made that the entity has intentionally prohibited the enforcement of the laws

* The Texas attorney general may file a writ of mandamus or apply other appropriate equitable relief in district court to compel compliance.

AUSTIN — Top state lawmakers filed the latest legislation Wednesday to prohibit so-called "sanctuary city" policies, saying that local governments would risk losing state grant money if they prohibit employees from enforcing state or federal immigration laws.

"We just want to make sure that, if someone is lawfully detained, that there's not a prohibition against law enforcement officers asking about their immigration status," said Sen. Tommy Williams, R-The Woodlands, who filed the legislation with Rep. Burt Solomons, R-Carrollton.

Some voiced concern that the legislation would interfere with police chiefs' oversight of their officers and detract from a focus on local crimes. The sanctuary city issue is among topics declared an emergency by GOP Gov. Rick Perry.

Williams, Senate Transportation and Homeland Security chairman, said he did not know how many cities would have to change their policies if the bill became law.

Parker: That's not us
The Houston Police Department prohibits officers from asking at the patrol level about immigration status, but arrestees booked into jail are run through the U.S. Immigration and Customs Enforcement's Secure Communities program to identify whether they are in the county illegally, said spokesman Victor Senties.

"If you are arrested in Houston and taken to jail, and, if you're in this country illegally, we will turn you over to the appropriate federal agency - ICE. This policy mirrors what is done across the state of Texas, including the Texas Department of Public Safety. There is no reason Houston would fall under this bill's definition of a sanctuary city since we work with federal authorities to enforce the deportation of illegal criminals. I look forward to working with Representative Solomons and Senator Williams on a solution that doesn't interfere with the basics of law enforcement," Mayor Annise Parker said in a statement.

San Antonio Police Sgt. Chris Benavides said in a statement that officers are not required to demand proof of identification unless they suspect a crime has been committed.

They also are not required to report individuals to U.S. Immigration and Customs Enforcement officials, even if they are "suspected immigrants."

Bill 'not important'
Bexar County Judge Nelson Wolff said ICE checks the jail database daily for people who are in the country illegally.

Wolff said of the legislation, "Looks like they're having a real hard time finding a bogeyman to make up for the mess with the budget. Everything else we've got is screwed up. They keep playing around with things on the periphery that are not important."

Texas Department of Public Safety spokeswoman Tela Mange said DPS does not ask about immigration status: "We don't enforce federal immigration law. Having said that, if we think there may be reason to suspect someone is not here legally, we'll contact ICE or border patrol."

Perry's decision to make the sanctuary-city issue an emergency this legislative session paves the way for quick consideration of an issue that has met resistance in law enforcement agencies around the country.

The legislation by Williams and Solomons - identically-worded Senate Bill 11 and House Bill 12 - is not the first sanctuary-city measure filed in the regular legislative session.

But their bills are drawing attention because their low numbers denote that they are a priority.

Loss of funding a threat
Their legislation, in addition to barring an explicit policy against enforcement of immigration laws, says an entity may not by "consistent actions" prohibit their enforcement.

Besides the prospect of losing state grant funding, a government entity could face action from the state attorney general to force compliance.

Sen. Leticia Van de Putte, of San Antonio, chair of the Senate Democratic Caucus, said she had not seen the bill, but wanted to know whether "lawfully detained" could be someone stopped for an expired license sticker.

Rep. Jessica Farrar, D-Houston, leader of the House Democratic Caucus, has filed a measure, HB 603, that would forbid a peace officer from inquiring about the nationality or immigration status of a crime victim or witness, except as necessary to investigate the offense.

Playing politics
Farrar said in a statement, "Current practices in Houston are based on time-tested principles of 'community policing,' where residents, business owners, and others in the community cooperate with police and sheriff's departments to report crimes and bring criminals to justice. In certain neighborhoods, this network necessarily includes residents who are undocumented.

"If the Texas Legislature decides to make a statement in the immigration debate - and does so in a manner that makes other crimes harder to investigate - the people of Texas will want to know why the Legislature sacrificed their safety for a chance to play politics."

Shenandoah Police Chief John Chancellor, legislative committee chairman of the Texas Police Chiefs Association, said his group did not have a problem with the bill, but would want to work on the language about "lawfully detained."

"I think it needs to be somebody that has been arrested or has been detained for a criminal charge, not doing checks on the side of the road," Chancellor said.

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