December 14, 2005
Immigration Reform Proposal Misses the Mark
Immigration reform proposal shifts burden to state and local governments
WASHINGTON, D.C. - State and local governments may become the primary enforcers of federal immigration policy according to a National Conference of State Legislatures' review of legislation that has just cleared the U.S. House Judiciary Committee.
The U. S. House of Representatives will consider legislation this week that criminalizes violations of federal immigration law thereby shifting responsibility of immigration enforcement to state and local law enforcement officials. H.R. 4437, the Border Protection, Antiterrorism and Illegal Immigration Control Act of 2005, creates unfunded federal mandates and places further stress on many law enforcement communities already depleted by overseas military deployments.
"Strengthening enforcement of our nation's borders is a key component of legislation that should comprehensively reform national immigration policy. Enforcement should be clear, balanced, predictable, non-discriminatory, fully-funded and consistent," said William Pound, National Conference of State Legislatures' executive director. "This legislation misses the mark on most of these, creates unfunded federal mandates on states, compromises state law enforcement activity and ignores state costs for incarcerating and detaining criminal aliens."
Representative James Sensenbrenner's proposal is another example in a burgeoning list of cost shifts to state and local governments. State and local governments are likely to see costs increase in many areas such as incarceration, human resources and training for law enforcement officers.
The lack of appropriate funding streams in the bill concerns states.
"H.R. 4437 'allows' states to use various homeland security grant funds to cover imposed costs. However, this solution is disingenuous and unacceptable," Pound said. "Those funds, reduced substantially for fiscal year 2006, are already committed to other critical purposes."
The state and federal government have worked in partnership through the State Criminal Alien Assistance Program over the years to address the costs associated with incarcerating undocumented aliens. Each year, states struggle with federal policymakers to get reimbursed for a quarter of every dollar spent on incarcerating undocumented immigrants. According to Pound, H.R. 4437 misses a terrific opportunity to fix shortcomings in the SCAAP program.
In addition to taking a leading role in the enforcement of federal immigration rules, the proposed legislation would require, within three years, state and local governments to verify employment eligibility of all previously hired individuals. The short verification time frame, NCSL says, will lead to inaccuracies and impose yet further unreimbursed costs on state and local governments.
NCSL is the bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.
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