CAIR - Colorado Alliance for Immigration Reform

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When Does 'Safety' Become 'Sanctuary'? - City Council prepares, at last, to hear the proposed Human Rights Protection Ordinance

By Jamie Way, Fort Collins Weekly, September 14, 2005

http://www.fortcollinsweekly.com/article.php?id=70831

For most people in Fort Collins, calling the police in the wake of a crime is a logical response to being victimized....

But not for everyone....

Utilizing services like the police that legal citizens take for granted could lead to [illegal aliens] "getting into trouble," says one woman who, like her friend, declined to be identified. Should their status as illegal immigrants be discovered, they would risk deportation to their countries of origin....

To address this issue, the Human Rights Protection Ordinance was introduced to City Council in November 2003. If adopted, the ordinance would prevent city employees like police officers and social service workers from asking about a person's immigration status.

The measure has been controversial from the beginning. Proponents argue that illegal immigrants need at least some assurance that they're not risking deportation by reporting crimes or receiving healthcare. Opponents say the measure would provide sanctuary to those who are in the country illegally.

The debate will likely be sparked anew as the measure heads into its first reading at the Oct. 4 City Council meeting.

"People in our community are afraid to come out as witnesses or victims to crimes," says Cheryl Distaso, coordinator for the Center for Justice, Peace and Environment. "So, it's a public safety issue."...

But not everyone sees these questions as unnecessary.

Fred Elbel is the director of the Denver-based Colorado Alliance for Immigration Reform, an organization that opposes measures like the Human Rights Protection Ordinance. He claims that the ordinance would merely "hamstring city employees and law enforcement officers" while protecting illegal aliens. Elbel says that crime victims can already report crimes under the current system—although he acknowledges that they may risk deportation if it's discovered that they're in the country illegally.

"Those illegal aliens can come forward at any time if they fear for their safety. They will almost certainly be given whatever protection the law affords," Ebel says in an email interview. "Just as a house burglar may be arrested if she reports an abusive partner in crime, illegal aliens who come forth also stand to be deported according to our immigration laws for the crimes they have committed by entering our country illegally."

Kim Salinas, an immigration attorney and a member of a task force that studied the issue at the behest of the City Council, says many illegal immigrants are afraid of just that....

If adopted, the ordinance would offset the effects of the federal Clear Law Enforcement for Criminal Alien Removal Act proposed by Rep. Charlie Norwood of Georgia in July 2003. The measure, known as the CLEAR Act, was reintroduced on June 30. If adopted into law, CLEAR would provide financial assistance to states that would enforce immigration laws "in the course of carrying out such agency's law enforcement duties." In essence, state and local enforcement agencies would be partners in enforcing immigration law....

Glen Colton, a Fort Collins resident and member of the Colorado Alliance for Immigration Reform, does not believe that the Human Rights Protection Ordinance proposes any new policy on racial profiling.

"Calling it the 'HRPO' is a misnomer," Colton said in an email interview. "In reality, it provides sanctuary to illegal aliens and is unnecessary because there are already strong laws against profiling. It will result in Fort Collins becoming a safe haven to those who have broken immigration laws."

According to Mayor Doug Hutchinson, in large part the ordinance is repetitive and merely reiterates existing laws. Historically, it has not been the policy of the Fort Collins police to inquire about immigration status and racial profiling is already illegal.

"The ordinance isn't going to change any city policies. It's unnecessary," Hutchinson says. "I can't speak for this council, but I don't think there's a lot of support for this ordinance as it's written."

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