MEASURE TO AMEND THE C.L.E.A.R. AND H.S.E.A.
ACTS OF 2003
WHEREAS,
The United States Conference of Mayors most vehemently denounces terrorism and
acknowledges that federal, state and local governments should work together to
protect the public from terrorist attacks in a rational and deliberate manner,
and to ensure that security measures enhance public safety without violating
the constitutional rights or unduly infringing upon the civil liberties of its
citizens; and
WHEREAS,
on July 9, 2003, Representative Charles Norwood introduced the Clear Law
Enforcement for Criminal Alien Removal Act of 2003 (CLEAR Act), H.R. 2671 and
on November 20, 2003, Senator Jeff Sessions introduced a similar measure
entitled the Homeland Security Enhancement Act of 2003 (HSEA); and
WHEREAS,
The United States Conference of Mayors encourages the improved communication
measures between the different levels of law enforcement through more efficient
use of National Crime Information Center (NCIC); and
WHEREAS,
municipal government considers its police the real experts in ensuring public
safety and recognizes that local and state police have diligently responded to
new homeland security mandates; and
WHEREAS,
the CLEAR Act and HSEA will require local and state police to add federal civil
immigration law enforcement to their already long list of duties or risk the
loss of federal funding; and
WHEREAS,
the enforcement of federal civil immigration law will distract local and state
law enforcement from their primary mission of ensuring public safety and
preventing crime in our community by having them focus on the apprehension of
immigrants instead of criminals and by adding burdensome paperwork and
reporting requirements; and
WHEREAS,
the federal government has failed to adequately fund, support and provide
resources to local first responders, and has repeatedly retracted monies
earmarked for appropriation at the community level; and
WHEREAS,
The United States Conference of Mayors resolved that no local government
resources shall be used to identify immigration status or apprehend persons
solely on the basis of immigration status; and
WHEREAS,
the CLEAR Act and HSEA will lead to the misapplication of complex and technical
immigration laws because local police will not be guaranteed the seventeen
weeks of immigration law training required of federal enforcement agents; and
WHEREAS,
local law enforcement already has the authority to arrest anyone, regardless of
immigration status, who commits a crime and threatens the public safety of our
community; and
WHEREAS,
the enactment of the CLEAR Act and the HSEA would undermine community policing
and create an atmosphere where immigrants begin to see local police as federal
immigration enforcement agents with the power to deport them or their family
members, making them less likely to approach local law enforcement with
information on crimes or suspicious activity; and
WHEREAS,
state and local governments have enacted legislation to increase public and
road safety that allows qualified applicants, regardless of immigration status,
to obtain a drivers license and the enactment of HSEA would penalize any state
which issues such licenses by withholding federal highway safety funds; and
WHEREAS, the CLEAR
ACT and HSEA will endanger the lives of immigrant
victims of crime by undermining the Violence Against
Women Act (VAWA) and the Victims of Trafficking and Violence Prevention Act, both enacted by the federal government to provide them with particular protections; and
WHEREAS,
many immigrant victims of crime are unlikely to report the crime to law
enforcement if they believe that seeking police protection will result in
deportation and ultimately in lost custody of their children; and
WHEREAS,
there are over 56 ordinances, police directives, resolutions, and policies
across the nation that protect immigrants’ access to police protection; and
WHEREAS,
there exists significant opposition to parts of the CLEAR Act and HSEA
which includes law enforcement, elected officials and government associations,
domestic violence prevention advocates, service providers, conservative
thinkers, faith-based groups, civil rights, civil liberties, and human rights
organizations, immigrant/refugee rights groups, labor unions, businesses, and
financial service providers in addition to community members; and
WHEREAS,
The United States Conference of Mayors affirms that no municipal resources will
be used to identify and apprehend persons solely based on their immigration
status; and
WHEREAS,
The United States Conference of Mayors opposes committing local resources to
un-funded federal mandates and affirms that the Clear Act as written does not
achieve the purpose of protecting local citizens against terrorism,
NOW,
THEREFORE, BE IT RESOLVED that The United States Conference of Mayors
hereby urges Congress to amend the proposed Clear Act and Homeland Security
Enhancement Act of 2003 to reflect our opposition to additional un-funded
federal mandates, our opposition to distracting local and state law enforcement
from their primary mission, and our concerns about potential undermining of
previous federal legislation that protects immigrant victims.
©2004 U.S. Conference of Mayors 