Panel OKs immigration-law duties for police
The House Law Enforcement and Criminal Justice Committee voted 6-3 to move HB105 to the floor after it was substituted to require the Department of Public Safety to enter into an agreement with the federal government for training to enforce immigration law. Local law enforcement agencies would have the option of participating.
Rep. Glenn Donnelson, R-North Ogden, said the Department of Homeland Security would pay for the training. That training would allow the officer to "interrogate" suspected illegal immigrants during routine stops and if deemed necessary, detain them. The officer would then have 24 hours to turn the suspect over to federal authorities.
"They do not go out on immigration raids ... they can still perform their duties efficiently," Donnelson said. "They're not out there head hunting."
Commissioner of Public Safety Paul Duncan said he felt more comfortable about the bill after speaking with officials in Alabama, where such an agreement has been in place since 2003.
He said officers would volunteer to receive the federal training and then be deputized to enforce immigration laws. Duncan those officers would use discretion, noting that pulling over a drunken driver would take priority over stopping a van suspected of carrying illegal immigrants.
"It's reactive only," he said. "The troopers are required to just do their job."
Duncan added that he would feel better about the bill if it were changed to give him the option, rather than require him to enter into the agreement. Donnelson said he'd consider that amendment.
Immigration and Customs Enforcement reports such agreements in other states have led to successful investigations, such as the arrest and conviction of 20 people in Florida, 18 of whom were undocumented, attempting to purchase fraudulently obtained state drivers' licenses.
However, those who voted against the bill raised concerns that it could lead to racial profiling and keep undocumented crime victims from calling authorities.
Rep. David Litvack, D-Salt Lake, said the bill would added to an already "huge" lack of trust between the law enforcement community and minorities and immigrants.
"If we want to pretend it's not a racial issue in its effect, then I believe we are putting our heads in the sand," said Rep. David Litvack, D-Salt Lake." We are going to create pockets of criminal activity, and we are going to create vulnerable individuals and families ... There is not going to be any victim of crime who is an undocumented immigrant who will report that to law enforcement."
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