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Bill would let police detain, arrest illegal immigrants

Hutchison proposes volunteer border marshals to stem flow from Mexico

Patrick George

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Published: Thursday, October 6, 2005

Updated: Friday, January 9, 2009

U.S. Sen. Kay Bailey Hutchison introduced a new bill Wednesday that would give state and local law enforcement the power to detain, arrest and prosecute illegal immigrants. The bill would also create a volunteer border marshal program.

"Our borders have been hemorrhaging for too long," Hutchison, R-Texas, said in a written statement. "It is a national security and safety threat to our nation."

If the bill is passed, the border marshal program would allow trained, state-licensed officers to assist the Department of Homeland Security in a volunteer capacity. According to a press release, the volunteers would be sworn in and assigned to the Border Patrol on temporary missions to identify and control illegal immigration, drug trafficking and other crimes that occur at the U.S.-Mexico border.

Under current laws, only federal officials, such as the FBI and Homeland Security officials, have the power to detain and arrest those who cross the border illegally. Local police can only report the matter to federal authorities.

According to Todd Fraser, spokesman for the U.S. Customs and Border Protection agency, state and local officials can only detain suspects who have entered the country illegally before turning them over to federal law enforcement agents.

"Local police officers don't have the jurisdiction to arrest someone based on their citizenship status," Fraser said. "That would be like an FBI agent giving someone a speeding ticket."

The bill comes on the heels of controversy involving the Minutemen Civil Defense Corps, a group of volunteers who patrol the border and alert federal authorities to the presence of illegal immigrants. The group supports Hutchison's legislation.

"This would give the government the power to do what they need," said Connie Hair, a Minutemen spokeswoman. "Syndicated crime, the sex trade, drug trafficking, arms dealing and car theft are all plaguing the border cities. These aren't people coming across looking for work."

Hutchison has said that she admires the Minutemen's dedication and that they highlight the need for stronger border protection.

Immigrants' rights groups question the value of the new legislation. The American Friends Service Committee, a Quaker group that speaks out against the Minutemen and supports fair treatment of immigrants, believes that making ordinary police officers into border patrolmen would be disastrous and possibly unconstitutional.

"We cannot allow local authorities to be deputized with federal power," said Caroline Isaacs, spokeswoman for the AFSC. "This won't strengthen immigration law; it will subvert it."

Isaacs said the legislation is a way of legitimizing bigotry and racism.

"Americans are getting too used to the idea of citizens with guns patrolling the border and assaulting immigrants," she said. "With this, lawmakers are starting to use immigrants as scapegoats to distract us from the problems of poverty, health care and education."

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