Immigration Laws’ Enforcement Debated

Two numbers tell the story of immigration law enforcement in Oklahoma.

Judy Gibbs Robinson, NewsOK.com, Apr. 5

46,000: The estimated number of undocumented immigrants in Oklahoma in 2000.

8: The current number of federal immigration officers assigned to Oklahoma.

The resulting ratio of one immigration officer for every 5,750 undocumented immigrants suggests an answer to the common question, “Why doesn’t the government just round them up and deport them?”

If manpower is the answer, then a bill before Congress and backed by the Oklahoma delegation would solve the problem with the stroke of a pen. The Clear Law Enforcement for Criminal Alien Removal (CLEAR) Act, as the measure is called in the House, would authorize the 800,000-plus local law enforcement officers in the United States to enforce immigration laws.

“We all know we have a terrific illegal immigrant problem,” said U.S. Rep. Tom Cole, R-Moore, one of 115 co—sponsors of the CLEAR Act. “We need to begin to enforce our laws. They shouldn’t be openly disregarded, nor should we be turning a blind eye to the problem.”

The dilemma

Cole said the legislation would give law enforcement agencies wide discretion in becoming involved in immigration enforcement. It would clarify the authority of those agencies that wish to make immigration arrests, he said.

“It’s a mistake not to involve local law enforcement in immigration issues,” Cole said. “We simply couldn’t fund enough (federal immigration) agents to take care of the problem.”

But the very idea of turning police officers and sheriff’s deputies into immigration agents is appalling to immigrant advocates and some law enforcement agencies.

“There’s going to be huge, huge problems,” said Michael Brooks-Jimenez, an Oklahoma City immigration lawyer.

Oklahoma City police have made inroads into the Hispanic community over the past two years, Brooks-Jimenez said. If the CLEAR Act passes, it would turn that relationship on its head, he said.

Losers and winners

Victims of domestic violence would be disproportionately impacted, said Cynthia Tobar, who runs a domestic violence prevention program for Hispanic women in Oklahoma City.

“What they’re being told in the home is that if they say anything, they’ll be deported and they’ll never see their children again. This is what has prevented them from coming forward. Now they’re beginning to learn there are laws to protect them. But the CLEAR Act would set us back so far,” she said.

The National Sheriff’s Association supports the bill because it also would allocate an additional $1 billion to the State Criminal Alien Assistance Program, said U.S. Rep. John Sullivan, R-Tulsa. That program reimburses state and local governments for the cost of holding illegal immigrants who have committed crimes other than illegal entry. Since county sheriffs typically run jails, that money usually goes to county governments.

Last year, the state of Oklahoma collected $664,477 through the reimbursement program, and 15 counties shared another $135,320.

Despite the potential revenue, the Oklahoma Sheriff’s Association so far has taken no stand on the CLEAR Act, said Doug Blaine, deputy executive director. Neither has the Oklahoma Association of Chiefs of Police, although that organization does have concerns about the legislation, Executive Director Jim Cox said.

’Time is money’

Cox said the police chiefs want to know who would provide funding for the time and training needed to bring local law enforcement officers up to speed on complex immigration laws.

“I understand basic training is about 18 weeks for an immigration officer. The legislation speaks of developing a manual for us. That’s like giving me Title 47 (Oklahoma’s traffic laws) and expecting me to know what I’m doing cold,” he said.

Time required for officers to apprehend and process undocumented workers is another concern, he said.

“Time is money. Money is local budget. If they reimburse us, fine. But we’re still out the money first,” Cox said. “So I’ve got to come up with it somewhere. You may know that here in Oklahoma, we’re not rolling in money.”

Nichols Hills police Chief Richard Mask carried that message to Washington last month. He represented Oklahoma at the International Association of Chiefs of Police meeting.

“There were no assurances, but I was told they did not believe it would go to a vote this Congress,” Mask said.

A test case?

Sullivan, another CLEAR Act cosponsor, said Oklahoma provided a test case that he said proves the effectiveness of the policy change.

Sullivan said two years ago, the former Immigration and Naturalization Service ordered the Tulsa County Sheriff’s Department to release 18 illegal immigrants because INS didn’t have enough agents to detain them for deportation.

As a result, Sullivan helped organize a federal-local task force that he said has been successful in apprehending and deporting criminal and illegal immigrants.

“This bill will give explicit authority to law enforcement agencies nationwide so that they can replicate our model,” he said.