Thursday, November 18, 2010

Texas Legislative Watch: Pre-Filed Immigration Bills (Part II)

In Part I of a two part series, Left of College Station looked at the pieces of legislation being filed in the Texas House of Representatives that dealt directly or indirectly with immigration. In Part II of the series, Left of College Station looks at the pieces of legislation pre-filed in the Texas Senate that deal with immigration. In Texas, immigration and border security seems to be a higher priority than even the economy. Although, Texas was relatively insulated from the worst of the Great Recession, working class Texas families are feeling the impact. As Texans deal with the effects of the recession, it is human nature to look for a scapegoat. The Texas Republican Party has gladly abridged. During the convention this summer the Houston Chronicle reported on the radically anti-immigrant platform the Texas GOP adopted, and Republican delegates voice support for draconian immigration policies.

After years of hearing falsehoods such as the idea that undocumented immigrants take American jobs, or that undocumented immigrants bring disease, or that undocumented immigrants are criminals, it is no surprised that Texans have developed negative attitudes towards immigrants. According to a poll conducted by the Texas Tribune, 65% of those surveyed support the adoption of an “Arizona immigration law.” According to that same poll, 48% favor the repeal of automatic citizenship for those born inside the United States compared to only 38% that oppose the repeal. That’s right. Nearly half of Texans support the repeal of the 14th Amendment. Another Texas Tribune poll asked Texas more specific questions about policies that are related to immigration or immigrants. Of those polled, 49% oppose a pathway to citizenship, 61% oppose business being allowed to hired so-called day laborers, 66% support requiring law enforcement to check immigration status, and 68% support making English the official language of Texas.

As in Part I we fist look at the “Arizona Laws.”

Arizona Laws

“Arizona Laws” refers to the draconian anti-immigrant law in Arizona which was passed earlier this year. SB1070 may be the most familiar nomenclature for a piece of legislation ever, and in Texas House of Representatives we now have HB17. However, the State Senate also has SB126 that was pre-filed by Senator Dan Patrick (R-7). The legislation would require Texas law enforcement to “inquire into the lawful presence” of anyone who is “stopped, detained, or arrested.” This legislation has earned this nickname “Arizona Law” for a reason. According to a report by Texas Insider, Patrick actually traveled to Arizona on a “fact-finding trip,” and returned to Texas with a “papers please law.”

SB 126 “Relating to the duty of a peace officer to inquire into the lawful presence of certain persons.”

Law Enforcement

Senator Patrick has also pre-filed legislation that would “prohibit cities from adopting sanctuary policies.” SB124 would deny state funding to any municipality that “adopts a rule, order, ordinance, or policy under which the entity will not fully enforce the laws of this state or federal laws” concerning immigration. This would actually have the consequence of preventing law enforcement from being able to fully investigate crimes in certain communities. These types of regulations are exactly why the majority of police officers in Arizona were against SB1070, because it makes and already difficult job even more difficult to accomplish.

SB 124 “Relating to the enforcement of state and federal laws governing immigration by certain governmental entities; providing a civil penalty.”

SB 150 “Relating to granting limited state law enforcement authority to special agents of the Office of Inspector General of the United States Department of Veterans Affairs and to updating certain references related to the grant of that authority to other federal law enforcement personnel.

SB 151 “Relating to the eligibility of certain persons to receive a sentence of community supervision, including deferred adjudication community supervision.

Employer Enforcement

SB 84 “Relating to requiring governmental entities and contractors with governmental entities to participate in the federal electronic verification of work authorization program, or E-verify.”

Human Trafficking

Senator Leticia Van de Putte (D-26) filed SB98 contains enhanced penalties for human traffickers, provides additional protections for children who are trafficked for sexual exploitation, and extends the civil statute of limitations for victims. The Texas Tribune reported that the bill that would revise the Texas law to require convicted traffickers to register as sex offenders and would grant further protections to child victims, including the option of videotaping a statement in court so as not to face the alleged trafficker.

As Left of College Station reported earlier this year, one of the most significant places in which human trafficking takes place is only a drive away from Bryan-College Station; Houston has become the largest hub for modern-day slavery in the United States. According to a Free Speech Radio News report, the city’s large sea port, international airport, and geographic position on Interstate 10, which has identified by the Department of Justice as one of the main human trafficking routes in the United States, have contributed to Houston a center of the modern day slave trade.

While the immigration debate in the 82nd session of the Texas Legislature is likely to be dominate by hyperbolic rhetoric about undocumented immigrants, lawmakers like Van de Putte are focusing on some of the real problems resulting from our broken immigration system.

SB 98 “Relating to the trafficking of persons.”

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