Some politicians in Tejas really are smart

[Kenneth Brown]

This will give great powers to law enforcement as the employer can't complain when a cop gets an illegal. Most cities forbid there cops from asking or enforcing.



A BILL TO BE ENTITLED AN ACT
relating to the authority of a peace officer to inquire into the
immigration status of certain persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.251 to read as follows:
Art. 2.251. IMMIGRATION STATUS INQUIRY BY PEACE OFFICER.
(a) A peace officer may inquire into the immigration status of any
person under arrest or detained on other grounds if the officer has
a reasonable suspicion to believe the person has violated a civil or
criminal provision of the federal immigration laws.
(b) If a peace officer has probable cause to believe the
person has committed a violation described by Subsection (a), the
officer may:
(1) identify and report the person to United States
Citizenship and Immigration Services; or
(2) arrest the person for the violation.


****(c) A public official or a state statute or local ordinance
or regulation may not prohibit a peace officer from exercising the
authority granted under this article.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.

******************

Link: http://www.legis.state.tx.us/tlodocs/80R/billtext/html/HB00858I.htm

 

[WillyBWright]

Re: Some politicians in Tejas really are smart

You know what the Hispanics are going to say. That this law allows Hispanics to be arrested for being Hispanic. I don't think it has that intent, but you know there's going to be abuses, or at the very least perceptions of racial profiling. The last part needs most of the work. The language is too vague. As written, it nullifies other laws that may already be in place. You don't pass a law that blanketly rescinds existing statutes. It would end up in court almost immediately.

Socially speaking, let's say you are of Hispanic descent and you are a legal citizen, born and raised in the USA. You're joggging through the park. You left your wallet at home, two blocks away. Any law enforcement official could ask to see your green card. Well, you've always lived here, so you don't have a green card. So now the officer can assume that you are not here legally and arrest you under suspicion of violating immigration laws. The burden of proof falls on you to prove your citizenship. Burden of Proof is the government's obligation.

 

[crunch]

Re: Some politicians in Tejas really are smart

(a) A peace officer may inquire into the immigration status of any
person under arrest or detained on other grounds if the officer has
a reasonable suspicion to believe the person has violated a civil or
criminal provision of the federal immigration laws.

 

[WillyBWright]

Re: Some politicians in Tejas really are smart

Spitting on the sidewalk is other grounds. Any number of minor offenses. Jaywalking.

 

[crunch]

Re: Some politicians in Tejas really are smart

Whatever...

 

[WillyBWright]

Re: Some politicians in Tejas really are smart

I'm not saying the idea doesn't have merit. It does. It just needs work. As wiritten, it doesn't have a prayer. ( Not that I've read the whole text of the proposal. )

 

[Kenneth Brown]

Re: Some politicians in Tejas really are smart

I ain't hispanic

 

[Boomyal]

Re: Some politicians in Tejas really are smart

I ain't hispanic

Yeah KB but you might be one of those evil, white european, male, illegal immigrant terrorists!

 

[rodbolt]

Re: Some politicians in Tejas really are smart

as written above its just way to vauge to be useful. that and last I looked the texas prison system was all but bankrupt anyway. so who pays to detain the suspects while the status is checked and who pays the civil lawsuits that are sure to follow.
while I applaud the intent of the law I see it as another knee-jerk initiated due to a lack of a real plan by the federal govt that is tasked with border security.

 

[POINTER94]

Re: Some politicians in Tejas really are smart

In order to write a law that would be acceptable to the aclu you would need it to be as thick as Websters Dictionary and it would sure have so many holes in it so as to have no bearing at all.

I like it the way it is. If you have an issue, you can always take it up in civil court.

 

[Haut Medoc]

Re: Some politicians in Tejas really are smart

I ain't hispanic

Yeah KB but you might be one of those evil, white european, male, illegal immigrant terrorists!

That's right Boom, I'd be more worried of them than some illegal Mexiskins......d

 

[DJ]

Re: Some politicians in Tejas really are smart

The pendulum has a tendency to swing too far---both ways.

 

[technostingray]

Re: Some politicians in Tejas really are smart

I ain't hispanic

Yeah KB but you might be one of those evil, white european, male, illegal immigrant terrorists!

No but he could be one of those bigoted white LEO's acting under the color of authority.
Not that I care.

 

[Kenneth Brown]

Re: Some politicians in Tejas really are smart

Not a bigot, no longer a LEO. Of course I could really be from California, belong in a mental institution, and have nothing better to do than pizz people off. But I'm not and if anyone else is well, it doesn't matter cuz I don't care.

 

[rodbolt]

Re: Some politicians in Tejas really are smart

KB
glad to see ya back
your not a leo? what happened ?
I have not looked up that bill but just the part posted is way to ambigous. most my cousins both leo's and retired leo's laugh at it. they dont like to play in ambiguous areas. to many lawsuits.
I sent it to a retired cousin and he called me laughing. said other than a way to hold someone for a bit he would never ever make any arrest based on that statue.
nbot only would it open many folks to a lawsuit but the sherrif would want to know why the jail administration cost skyrocketed.
like he says, he arrests them and transports them to the mobile county hilton. then they sit there for 6 months waiting on the ICE.
in the mean time mobile county is responsible for all medical and dental costs plus daily feedings and the extra staff required.
it all goes back to how many dollars the system has and what is the best area to spend them. pick up an illegal or bust a meth lab?

 

[Kenneth Brown]

Re: Some politicians in Tejas really are smart

Quit about a year and a half ago. Still work at the prison so semi LEO I guess. I just had way to much going on to do all of it so the job that pays and family gets priority.

Ya the bill is full of wholes. Its wishful thinking though. The reason most cities don't allow us to pick up illegals is because we have to pay for them till the govt. picks them up, IF they ever do. Theres also a bill (and its expected to pass) that allows the state to sue the US govt for costs related to illegals.

 

[Bondo]

Re: Some politicians in Tejas really are smart

Like I said in your other thread about the State Law,......

At this point it's Not about actual Enforcement of these laws,......
It gets the Issue into the Courts,..........

Just like the Liberals have tried to do with the Gun Issue........
Legislation from the Bench...... 'Cause Congress Won't Do It.......
Only for a Good Reason this time.... Enforcing the Constitution, Instead of Rewriting it.....