By Ed Somers
September 25, 2006

In two separate efforts, the House of Representatives is trying to push local and state governments and law enforcement agencies to enforce civil immigration law.

On September 21, the House passed legislation (H.R. 6095) that “reaffirms” state and local police the authority to enforce all federal immigration laws. This includes not only criminal violations, but also civil violations of U.S. immigration laws. The House bill, however, does not contain a direct mandate.

Prior to consideration, a letter was sent to the House by the Conference of Mayors, National League of Cities, National Association of Counties and National Council of State Legislatures stating, “As organizations representing state and local government elected officials, we ask you to oppose any efforts to consider legislation that would shift the burden of enforcing civil immigration law to state and local governments. Under current law, state and local law enforcement authorities are charged with enforcing criminal immigration violations, not civil violations.”

The letter added, “Shifting the federal responsibility of enforcing civil immigration law to state and local government would divert critical resources from state and local law enforcement agencies and would compromise public safety. Such legislation would hinder state and local efforts to work with immigrant communities in preventing and solving crimes.”

On a separate tract, local government groups are opposing an amendment contained in the House FY 2007 Homeland Security appropriations bill that would deny necessary homeland security funds to states, counties and cities that have confidentiality policies relating to the enforcement of immigration laws. The Senate bill does not contain this provision, and the bill is currently being debated in a conference committee.

As stated in a letter sent by the Conference, National League of Cities and a number of individual cities, “It is a well established policy for cities to promote the utilization of services by all residents who need them. Individuals should know they may seek and obtain the assistance of city agencies regardless of personal or private attributes.”

The letter added, “It is imperative that immigrants who may be witnesses to or victims of crime not suffer repercussions as they attempt to give and receive assistance from law enforcement.”

The Conference of Mayors adopted strong policy on these issues during the 74th Annual Conference in June of 2006, and these issues were discussed during the recent Fall Leadership Meeting in Santa Barbara.

The nation’s major police chief organizations have also stated oppositions to these proposals.