Caught in the Middle - Bills take aim at Durango policy on illegal immigrants
By Jesse Harlan Alderman, Durango Herald
January 29, 2006
As lawmakers from Washington to Denver take aim at illegal immigration, several of their proposals place Durango in the crosshairs....
Bills before Congress and the state Legislature would strike a Durango policy that critics say harbors illegal immigrants. The federal bill proposes up to five years in jail for advocates such as Los Compañeros, the local group that assists illegal immigrants with housing or legal aid.
What's more, a statewide coalition is gaining momentum for a November ballot referendum denying all non-emergency services to illegal immigrants in Colorado.
Immigration foes have targeted Durango and several dozen cities across the nation that may be offering safe haven for illegal immigrants. In 2004, Durango's City Council unanimously passed a resolution pledging that police and city officials will not use resources" to turn over illegal immigrants to federal officials unless they commit crimes....
Proposed legislation and Durango
U.S. House of Representatives
•H.R. 4437 - Withholds reimbursement for the incarceration of illegal immigrants from cities like Durango that do not require local police to report illegal immigrants to federal authorities.
Cuts federal grants to police forces that do not cooperate with federal immigration officials.
Institutes criminal penalties of up to five years in jail for groups, charities or individuals that "assist, encourage, direct or induce a person to reside in or remain in the United States, or to attempt to reside in or remain in the United States, knowing or in reckless disregard of the fact such a person" is an illegal immigrant.
Status: Passed; Rep. John Salazar, D-Manassa, voted in favor.
U.S. Senate
•S. 1438 - Reaffirms that any city prohibiting local police from "enforcing federal immigration laws or from assisting or cooperating with federal immigration law enforcement" is already subject to punishment under existing federal law.
Status: Not yet debated; co-sponsored by Sen. Wayne Allard, R-Loveland.
•S. 1033 - No specific punishment for "sanctuary cities" and no criminal penalties for organizations that aid illegal immigrants.
Status: Not yet debated; co-sponsored by Sen. Ken Salazar, D-Denver.
State Senate
•S.B. 06-090 - Prohibits any local government in Colorado from passing any ordinance or policy that would limit a police officer, local official or local government employee from cooperating with federal immigration officials.
Requires any police officer, local official or local government employee who has probable cause to believe that a person is an illegal immigrant to report the person to federal immigration officials.
Prohibits a local government that violates the above provision from receiving any grants administered by the Colorado Department of Local Affairs.
Status: Not yet debated.
State House
•H.B. 06-1101 - Requires any peace officer, after making an arrest, to perform an immigration status check. Officer must turn over all illegal immigrants to federal immigration officers.
Status: Not yet debated
•H.B. 06-1134 - Requires the sheriff of each Colorado county and the governing body of each city or town to sign an agreement with the U.S. Bureau of Immigration and Customs Enforcement, a division of the Department of Homeland Security. The agreement states that federal officials will train all county sheriff’s officers and local police officers to identify, process, and when appropriate, detain illegal immigrants.
Status: Not yet debated.
Proposition 55
•Place a referendum on the November ballot that would deny all non-emergency services to illegal immigrants in Colorado.
Allow any Colorado resident to sue the state, county, city or political subdivision of the state that refuses to deny such services.
Status: Requires 68,000 signatures and yes votes from 44 state representatives and 24 state senators.
In February, the U.S. Senate will take up a bill similar to that passed by the House in December. The bill, S. 1438, affirms existing law that demands local police cooperation with federal immigration officials. Sen. Wayne Allard, R-Loveland, is co-sponsor.
"The senator has always opposed any amnesty for people who have crossed our border illegally," spokeswoman Angela de Rocha said.
Sen. Ken Salazar, D-Denver, is backing a different bill that includes no language to punish immigrant [illegal alien]-friendly cities like Durango....
State Rep. Bill Crane, R-Arvada, is pushing H.B. 1101, which requires any officer making an arrest to check immigration status.
Another measure, H.B. 1134 sponsored by 21 House Republicans, would compel all county sheriffs and city police to train with federal immigration officials to "identify, process and when appropriate, detain" illegal immigrants....
Besides state and federal efforts, Defend Colorado Now, (http://www.DefendColoradoNow.org) a citizens group based in Lakewood, wants a referendum on the November ballot denying non-emergency state services to illegal immigrants....
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