May 4, 2004 Letter to President Bush, Senators Warner and Allen and Representative Moran
PO Box 8208
Alexandria, VA 22306-8208
May 4, 2004
The Honorable John William Warner
United States Senate
225 Russell Senate Office Building
Washington, DC 20510-4601
The Honorable George F. Allen
United States Senate
204 Russell Senate Office Building
Washington, DC 20510-4604
The Honorable James P. Moran
U.S House of Representatives
2239 Rayburn House Office Building
Washington, DC 20515-4608
Dear Senators Warner and Allen and Representative Moran:
I am contacting you to express my opposition to both the Homeland Security Enhancement Act of 2003 (S. 1906) and H.R. 2671 the Clear Law Enforcement for Criminal Alien Removal Act (the CLEAR Act.)
While the bills’ titles and the rhetoric surrounding them portray them as anti-crime legislation, the intent of these bills is far different than that. These bills actually direct local and state police to enforce federal civil immigration laws and act as immigration officers, or lose federal funds for law enforcement programs. Currently, state and local police are only authorized to enforce criminal immigration laws and to notify federal immigration officials about foreign nationals in their custody who have committed crimes.
To facilitate this new role for local police, the bills expand the scope of the National Crime Information Center database (which is accessed in routine situations by police to identify wanted criminals) to include people who have civil immigration violations. Numerous reports by the Inspector General of DOJ have confirmed the infamous unreliability of these immigration records that, upon passage of the bill, would now be dumped into the NCIC system and disseminated to police all over the country. With this inaccurate information, law enforcement would detain immigrants, many of whom may have a legal right to be in this country.
Both H.R. 2671 and S.1906 would impose significant and additional workload reporting requirements on critically under-staffed and under-funded law enforcement agencies. Law enforcement departments are now stretched beyond capacity, especially in view of new homeland security measures. They simply do not have the extra time, money or staff to take on what is rightly a federal duty.
By turning police into immigration agents, the CLEAR Act and Homeland Security Enhancement Act ensure that more immigrants who are victims or witnesses of crimes will avoid contact with local law enforcement. Law enforcement agencies around the country have voiced their concern that these bills would erode decades of community policing programs. Word will quickly spread among immigrant communities that if they have any contact with police, they or their family members will risk deportation. They will remain silent and our streets will be less safe as a result. Experience shows that this fear will extend not only to contact with local police, but also to the fire department, hospitals, and the public school system.
Leading women’s groups oppose these bills because of their concern that women, children, and family members who are victims of domestic violence or victims of sexual assault may be afraid to turn over their abusers, because of their immigration status. Passage of these bills would keep victims silent and their predators on the street.
As a Marine veteran who served to protect our nation from the threat of fascist governments, it pains me to see the tools of their oppression being adopted by men and women who ought to know better. Passage of either the Homeland Security Enhancement Act or the CLEAR Act would create more barriers between immigrant communities and the work of law enforcement in this country. Please oppose these bills.
Thank you for your consideration of this matter.
Sincerely,
James Landrith
June 3, 2004
Mr. James Landrith
P.O. Box 8208
Alexandria, Virginia 22306-8208
Dear Mr. Landrith:
Thank you for contacting me regarding the incarceration of illegal aliens. I appreciate your thoughtful inquiry on the matter.
Under United States Code Title 8 Section 1357(G), the United States Attorney General may enter into written agreements with state and local law enforcement agencies regarding enforcement of federal immigration law. This agreement allows state and local law enforcement officers to apprehend or investigate illegal aliens for immigration violations within the United States. These agencies already have full authority to apprehend illegal aliens for any criminal violations of the law.
In regard to local law enforcement of immigration laws, on November 11, 2003, Senator Jeff Sessions (R-AL) introduced S.1906, the Homeland Security Enhancement Act. This bill, among other things, would allow local and state law enforcement officers access to data relating to illegal aliens, allow them to detain criminal illegal aliens, provide appropriate funding and training to assist local and state law enforcement in handling illegal aliens, and increase penalties for those involved in illegal immigration. Similar legislation, H.R.2671, the Clear Law Enforcement for Criminal Alien Removal (CLEAR) Act, has been introduced in the House of Representatives.
In regard to legal immigration, immigration policy reforms must pay respect to the traditions and freedoms of this great nation as well as abide by the guiding principles found in our Constitution. On the one hand, America has benefitted from a long history of immigration. Immigration has helped forge our own great culture by assimilating various traditions and ideas from around the world. On the other hand, it is important to recognize that unrestricted immigration and illegal immigration are detrimental to the economic and social well-being of the United States. In addition, events in the recent past have made it clear that better enforcement and efficiency in immigration policy is necessary for our national security. I have been supportive of efforts to curtail illegal immigration and enhance border security. I have voted consistently to increase resources and personnel for border patrol in an effort to ensure the domestic security for our nation.
In the 108th Congress, a number of bills have been introduced in the Senate and the House of Representatives that would provide for reforms with respect to legal and illegal immigration. In addition, President Bush unveiled a proposal to reform immigration policy and create a new temporary worker visa program. Immigration policy falls under the purview of the Senate Judiciary Committee, of which I am not a member. Please be assured that I will be certain to keep your views in mind should legislation relating to the matters mentioned in your letter come before the full Senate.
In a related matter, substantial changes have been made in an attempt to enhance our immigration policy. Given the volume of people entering this country each year and the well publicized reports of mistakes and inefficiencies at the Immigration and Naturalization Service (INS), it was clear that the INS needed substantial reform. On November 19, 2002, the Congress passed the Homeland Security Bill, H.R.5005, which implemented a restructuring plan to ensure better accountability in the INS by creating clear and separate chains of command. This legislation takes several positive steps, including: (1) abolishing the INS; (2) transferring all the functions of the former INS to the Under Secretary for Border and Transportation Security within the Department of Homeland Security; (3) establishing a Bureau of Border Security that would encompass all immigration enforcement functions, and (4) establishing a Bureau of Citizenship and Immigration Services to administer all national immigration services policies and priorities. In addition, under the Bureau of Citizenship and Immigration Services, a Citizenship and Immigration Services Ombudsman has been established to identify and resolve problems within the Bureau.
Finally, please be assured that our President, the Congress, and the men and women of law enforcement stand ready not only to defend this nation from any further attack, but to take such actions as are directed in the future in retaliation for these terrorist acts. In the past year, our Congress, with my support, has taken action to close loopholes in border security, and I will continue to review our policies to ensure our national security,
Again, thank you for contacting me on this important matter.
With kind regards, I am
Sincerely,
John Warner
JW/jsf