State Federal Relations

National Conference of State Legislatures
Council of State Governments
National Association of Counties
National League of Cities

March 9, 2007

Dear Senator:

As organizations representing state and local government elected officials, we ask you to oppose Senate Amendments 304 and 305 to S. 4, the “Improving America’s Security Act of 2007,” which shifts the obligation of enforcing civil immigration law to state and local governments. This amendment completely ignores the glaring fact that civil immigration enforcement issues should remain a federal responsibility that should not be foisted upon an already over-extended state and local police force. Under current law, state and local law enforcement authorities are charged with enforcing criminal immigration violations, not civil violations.

Shifting the federal responsibility of enforcing civil immigration law to state and local law government would divert critical resources from state and local law enforcement agencies and would compromise public safety. Such legislation would hinder state and local efforts to work with immigrant communities in preventing and solving crimes. Because of the complexities of immigration law, this legislation could also increase complaints of racial profiling, and expose governments to increased liability from the very communities that they serve.

Enforcement of federal immigration laws is a federal responsibility and should remain so with the exception of the Memorandum of Understanding (MOU) process, which gives states and localities the option to enter into a voluntary formal agreement with the U.S. Department of Justice and the U.S. Department of Homeland Security. When training under the MOU process is fully funded by the federal government, we view this as a viable way to give communities the choice of whether local enforcement of federal immigration laws is appropriate for them.

Additionally, existing programs aimed at assisting state and local governments, such as the State Criminal Alien Assistance Program, have been woefully underfunded.
Our associations are therefore concerned that this legislation will not provide sufficient funds to implement new responsibilities given the current appropriations limitations.

We recognize the challenges facing our country in matters relating to immigration. It is critical that we address both the security and economic needs of states and communities while acknowledging our history as a nation of immigrants. We believe that immigration reform must be comprehensive in nature and requires an intergovernmental partnership because all of us are dealing every day with the reality of our current immigration system. We welcome the opportunity to continue working with you to achieve comprehensive immigration reform.

Sincerely,

William T. Pound
Executive Director
National Conference of State Legislatures

Dan Sprague
Executive Director
Council of State Governments

Larry Naake
Executive Director
National Association of Counties Donald J. Borut
Executive Director
National League of Cities