Taps for sanctuary

By Staff writers, Rocky Mountain News

May 6, 2006

http://www.rockymountainnews.com/drmn/editorials/article/0,2777,DRMN_23964_4677319,00.html

Sen. Tom Wiens is right: A bill he sponsored and which the governor signed into law this week is about to end a longstanding dispute over how some jurisdictions treat illegal immigrants. Do they or don't they intentionally shelter foreigners who've entered this country illegally?

"We have this huge debate that goes on every day," Wiens said the other day. "Certain people say certain towns are sanctuary cities, and they say, 'No, we're not.' This (law) is going to end that once and for all."

Yes, it will - "it" being Senate Bill 90. It cancels any local ordinance or policy inhibiting police from cooperating with federal immigration officials. It also requires officers to report to federal agents anyone arrested for a criminal offense who police have reason to believe is not a citizen.

This makes sense for two reasons: first, because local governments should not have their own foreign policy regarding immigrants, especially one in conflict with national objectives; and second, because if anyone should be deported, surely those who get in trouble with the law should go first.

We have always opposed attempts to designate local police as primary enforcers of immigration law. That would impair their ability to investigate crimes, particularly when they need the cooperation of witnesses. But Wiens' bill doesn't go that far.

Under SB 90, police must report their suspicions to federal agents only after they've actually arrested someone for a crime.

And when domestic violence is involved, the report occurs only if there's a conviction - this to ensure that women aren't discouraged from calling police during a disturbance.

The bill received bipartisan support, and seems to have been carefully crafted. In Colorado, the era of sanctuary cities is over - at least for the criminal class.

Key provisions of statute

• Local governments cannot create a policy that bars police from cooperating with federal officials concerning the status of any person in Colorado.

• Police must notify the U.S. Immigration and Customs Enforcement agency if a person arrested for a crime is a suspected illegal immigrant.

• The law does not apply to those arrested for minor traffic infractions or suspicion of domestic violence. However, immigration officials must be told if a person is convicted of domestic violence.

• Cities and counties must notify local law enforcement officers in writing of their obligation to comply with the law.

• Cities and counties must file an annual report to the state regarding how many illegal immigrants they reported to immigration officials.

• Local governments that fail to report suspected illegal immigrants will not be eligible for state grants.

Read the complete article.