Tuesday, September 24, 2013

California lawmakers move to shield illegal immigrants from deportation

Immigration advocates are trying to get a proposed bill titled the "Trust Act" signed into law by Governor Jerry Brown after it passed the state Senate by a vote of 24 to 10.  The Trust Act would make it more difficult for California police officers to assist federal officials in the deportation of illegal immigrants because it would "prohibit local jailers from holding most arrestees for an additional 48 hours before federal authorities arrive".  The cases where they could be detained the additional 48 hours while federal officials arrive are crimes considered serious like child abuse, burglary, and murder.  Under this bill, crimes like selling illegal drugs in small quantities would be considered minor because it would be a misdemeanor and those same drug dealers can go out and continue to sell because they can't be held long enough for anything to be done.

This proposed bill is causing much debate because it limits the abilities of police officers to do their job and because The California State Sheriffs' Association believes that local officials should leave immigration to federal officials which involves holding those arrested until federal officials arrive.  Debate is also occurring because the bill is seen as unconstitutional.  The debate over it being unconstitutional is occurring due to the fact that the proposed bill would allow the state to restrict the ability of the federal government to enforce immigration law stated in "federal code 8 1373(a)".

In my honest opinion this bill shouldn't even be up for discussion because the fact that they are here illegally should be the only argument officers need to be able to hold those arrested 48 hours while federal officials arrive.  Section 274 of the Federal Immigration and Nationality Act makes it a federal felony to be in this country illegally and last time I checked a felony is a serious crime.  Then there is the Supreme Court ruling in the case of The United States v. Verdugo-Urquidez in which they ruled that "the people" protected by the Amendments to the Constitution "refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community" meaning that even if the Trust Act passes bail could be set so high for illegal immigrants that there is no way they can pay it because they aren't protected by the eighth amendment which protects against excessive fines and excessive bail, making the bill useless.  In conclusion this proposed bill would restrict the ability of police officers to do their job, is dangerous because it allows for the release of dangerous criminals captured on a lesser charge, and is unconstitutional yet people still think Governor Jerry Brown should sign it into law.

1 comment:

  1. I think the most proper word to use is undocumented and I agree that entering the country illegally is wrong but most undocumented people are hardworking people with US citizen children. A lot of American families are comprised of one member who is undocumented and this bill is trying to keep families together. Don’t you think a US citizen has the right to have both of his parents if all they are doing is working hard and contributing to the economy?

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