Measure would require local police to enforce immigration laws to receive funding (TX.)

* Make cities that refuse to enforce federal drug and immigration laws ineligible for funds from the state homeland security office, including any border security money the Legislature approves this session.

* Create a three-member Border Security Council to distribute state border security money. Its members would be the director of homeland security, the public safety director of DPS and the director of the Border Sheriffs Coalition.

* Allow local law enforcement to be trained by federal officials on immigration law — something they are already allowed to do.

* Transfer oversight of the controversial Texas Data Exchange, a database of criminals and potential terrorists, from the office of the governor to the Texas Rangers.

AUSTIN — Police and sheriff departments would have to “fully enforce” federal immigration law if they want a piece of the $100 million the Texas House proposes to spend on increased border security, under a bill that passed committee Thursday.

But the author of House Bill 13, Rep. David Swinford, R-Dumas, said he does not intend to force local peace officers to police federal immigration violations.

“We are not and will not ask our local officials to go out and enforce immigration laws,” Swinford said.

But the bill itself says cities cannot adopt policies or ordinances that say they won’t “fully enforce the laws of this state or federal law relating to: drugs ... or immigrants or immigration.”

Cities that adopt policies saying they won’t enforce immigration policy are breaking the law, Swinford said.

“The city can have a warm and fuzzy policy,” he said. “(But) the city council cannot go over there and override state and federal law.”

The bill passed the House State Affairs Committee 6-2. The measure also allows local police departments to send their officers to be trained by the federal government as immigration officers. The state would not pay for the training.

Civil rights advocates, border lawmakers and police voiced displeasure over the bill.

Brownsville Police Chief Carlos Garcia said he would consider putting officers through immigration training with the federal government, but it is unlikely he would have the money or manpower to do so because he already struggles to find enough qualified officers.

The U.S. Border Patrol has two stations in Brownsville and is already doing its job, he said. The proposed legislation would just place a greater burden on local police officers.

Gov. Rick Perry has sent millions of dollars in grant money to help border sheriffs, including some in the Rio Grande Valley, to fight crime. He asked the Legislature to approve $100 million to expand the program.

The House is following the governor’s request, but the Senate budget includes about half that amount and would place it under control of the Texas Department of Public Safety. Many critics of Perry’s plan have said the Senate plan would provide more accountability, since DPS is not run by an elected official.

Swinford’s bill would require a Border Security Council made up of the governor’s homeland security chief, a DPS representative and the Border Sheriffs Coalition to distribute the money.

The council would also determine just what it means to “fully enforce” federal law, as the bill requires.

Rep. Juan Escobar, D-Kingsville, said he was disappointed Swinford included the language requiring local enforcement of immigration law, despite his assurances from Swinford to the contrary.

“I’ve said it all along, and my problem is when you start enforcing immigration law ... those state deputies and police are going to end up in a whole lot of lawsuits,” he said. “It’s an insult to border security officers (to say) that you can enforce the law without any training.”

The bill furthermore is so vague that it would create confusion among local police about their responsibilities, said Rep. Veronica Gonzales, D-McAllen, chairwoman of the immigration task force for the Mexican American Legislative Caucus.

“If that language is left in there, you’re going to see that some officers are going to continue to do what they are today, but others will feel they have been given statutory authority to enforce immigration laws,” she said. “You’re going to see conflicts between how local officers and federal officers treat immigrants.”

Rebecca Bernhardt of the American Civil Liberties Union of Texas said police departments already know the federal immigration code and are following it well.

“I think it’s intended to bully them into immigration enforcement,” she said of the Swinford proposal.

Don Reay, executive director of the Border Sheriffs Coalition, said the bill would not turn local law enforcement into immigration officers, but rather would make law what the sheriffs already must do now. Sheriffs do not actively seek immigrants but rather come across them in their normal course of fighting crime and turn them over to federal agents, he said.

Under the bill, Reay would be one of three people in charge of doling out $100 million over the next two years to his member sheriffs and other agencies.

“I don’t see anywhere in that where it would cause a sheriff to stop everybody on the street (to ask) their immigration status,” he said of the bill.

Hidalgo County Sheriff Lupe Trevino and Cameron County Sheriff Omar Lucio did not return calls seeking comment.

If charged with enforcing immigration law, police officers would obey but would be placed in harm’s way more often and face greater stresses, said Charley Wilkison, legislative director for the Combined Law Enforcement Associations of Texas. The association does not have an official position on the issue, he said.

“Street officers are citizens just like us. They want to see immigration law enforced. They want to see safety along the border,” he said. “(But) they want to see laws to enforce that make sense.” ____

Elizabeth Hernandez covers the state capital for Valley Freedom Newspapers. She is based in Austin and can be reached at (512) 323-0622.

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1324

§ 1324. Bringing in and harboring certain aliens

(a) Criminal penalties (1)
(A) Any person who—
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(v)
(I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts, shall be punished as provided in subparagraph (B).

(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs— (i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;
(ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;
(iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and
(iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both.
(2) Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each alien in respect to whom a violation of this paragraph occurs—
(A) be fined in accordance with title 18 or imprisoned not more than one year, or both; or
(B) in the case of—
(i) an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year,
(ii) an offense done for the purpose of commercial advantage or private financial gain, or
(iii) an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry, be fined under title 18 and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years. (3)
(A) Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18 or imprisoned for not more than 5 years, or both.
(B) An alien described in this subparagraph is an alien who—
(i) is an unauthorized alien (as defined in section 1324a (h)(3) of this title), and
(ii) has been brought into the United States in violation of this subsection.
(4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if—
(A) the offense was part of an ongoing commercial organization or enterprise;
(B) aliens were transported in groups of 10 or more; and
(C)
(i) aliens were transported in a manner that endangered their lives; or
(ii) the aliens presented a life-threatening health risk to people in the United States.
(b) Seizure and forfeiture
(1) In general
Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of subsection (a) of this section, the gross proceeds of such violation, and any property traceable to such conveyance or proceeds, shall be seized and subject to forfeiture.
(2) Applicable procedures
Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18 relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Attorney General.
(3) Prima facie evidence in determinations of violations In determining whether a violation of subsection (a) of this section has occurred, any of the following shall be prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law:
(A) Records of any judicial or administrative proceeding in which that alien’s status was an issue and in which it was determined that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
(B) Official records of the Service or of the Department of State showing that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
(C) Testimony, by an immigration officer having personal knowledge of the facts concerning that alien’s status, that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
(c) Authority to arrest
No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.
(d) Admissibility of videotaped witness testimony Notwithstanding any provision of the Federal Rules of Evidence, the videotaped (or otherwise audiovisually preserved) deposition of a witness to a violation of subsection (a) of this section who has been deported or otherwise expelled from the United States, or is otherwise unable to testify, may be admitted into evidence in an action brought for that violation if the witness was available for cross examination and the deposition otherwise complies with the Federal Rules of Evidence.
(e) Outreach program
The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation of this section.

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