States may get stuck with migrant tab

arizonarepublic.com ^ | November 2, 2002 | Sergio Bustos

[Sweet_Sunflower29]

Arizona taxpayers may be stuck next year with paying the full tab of jailing thousands of illegal immigrants convicted of crimes.

Members of Congress left town last month to campaign for Tuesday's elections without reaching an agreement with the Bush administration on funding a Justice Department program that provided $546 million last year to states.

All 50 states, the District of Columbia and U.S. territories, including Guam, have shared in the federal dollars distributed through the State Criminal Alien Assistance Program since 1995.

Arizona, California, New York, Texas and New Jersey got the bulk of the federal money.

California received $220 million, about 40 percent of the total. Arizona got more than $24 million.

Congress and the administration are far apart on a compromise. The administration wants to kill the program. Lawmakers want the funding increased to $750 million for fiscal 2003, which began Oct. 1.

Lawmakers, especially those from border states, have long argued that it is the federal government's responsibility to reimburse states because it is charged with securing the nation's borders.

"When the federal government falls short in its efforts to control illegal immigration, it must bear the responsibility for the financial and human consequences of this failure," said Sen. Jon Kyl, R-Ariz.

But Bush administration officials argue that the program is not directly related to fighting crime and doesn't "advance the core mission of the Justice Department."

Kyl and Sen. Dianne Feinstein, D-Calif., who are leading the Senate fight to increase funding, said states are spending $1.6 billion to keep criminal illegal immigrants behind bars.

What frustrates lawmakers most is that state and local governments are not being reimbursed enough to cover the full cost of incarcerating illegal immigrants.

Justice officials estimate localities receive an average of 40 cents for every dollar spent.

In border communities such as El Paso and in Arizona, the disparity is worse. El Paso gets back an average of 10 cents on the dollar, while Arizona averages about 33 cents, according to local officials.

The sharp rise in illegal immigrants nationwide who are jailed for committing crimes has prompted more states and localities to ask for federal money.

More than 400 state or local governments nationwide filed claims last year, up from 10 in 1995, according to the Justice Department.

A recent report by the Justice Department's inspector general's office won't help either side in the debate.

It found that 30 percent of those jailed in county facilities in southern Florida and Fresno, Calif., were legal, not illegal, immigrants.

The same report, however, faulted Immigration and Naturalization Service officials for failing to keep track of foreign-born inmates.

"As a result, many foreign-born inmates who are deportable aliens pass through county facilities virtually undetected," the report concluded.

Earlier this month, the program got a strong endorsement from Congress when lawmakers approved legislation to keep the illegal immigrant assistance program operating through the next two years. But the legislation did not allocate funding, which must be approved in a separate spending bill.

That won't happen until next month when Congress returns for a lame duck session to finish work on 11 of 13 remaining spending bills that keep the government in business.

Much of the government has been operating under a stopgap spending bill, which expires Nov. 22.

[Sweet_Sunflower29]

Three squares and a bed for these illegal criminals...Your tax $$ at work.

[FITZ]

It found that 30 percent of those jailed in county facilities in southern Florida and Fresno, Calif., were legal, not illegal, immigrants.

Legal immigration is also out-of-control. Anyone can come into this country and American taxpayers can't afford it for long.

[B4Ranch]

If we can't afford to resist the illegal aliens then they will have reached VICTORY OVER THE AMERICANS. That is what Bush is wanting. I won't say anymore about what I'm thinking.

[Alberta's Child]

I would suggest that any state facing a budget problem due to the cost of detaining illegal aliens simply has to pass the following three laws:

1. Any illegal alien charged with a felony is not a criminal -- he is an invader. He must also, therefore, be charged with the additional crime of "invading" the state in which he is charged -- a crime which will carry an automatic 10-year sentence above and beyond any sentence he must serve for the actual crime. Even if he is found innocent of the crime.

2. A U.S. citizen cannot be charged with a felony for a crime in which the victim is an illegal alien.

3. Illegal aliens cannot be awarded monetary damages for cases brought in civil court.

Watch how quickly the INS starts paying attention to their duties if even one of these three measures becomes written into law.

[B4Ranch]

If we could get the Sheriff and local County officials of a lesser populated County with a budget deficit to declare that all illegal aliens from every nation will be arrested and removed from the County in 30 or 60 days. All assets not assigned by the illegal alien to be sold with registered agents will be seized by the Sheriff and sold. These funds will be divided between the Sheriffs Office and the County budget official for expenses.

All people employing illegal aliens will also be arrested and fined. All people giving aid or care to illegal aliens will also be arrested and fined. The hiring of non citizens that have entered the US legally with the assistance of Immigration and Naturalization Services will of course be encouraged. Only the hiring of illegal aliens will be reason for arrest.

This will result in no or very few illegal aliens going to the local hospitals for medical attention. This will bring welfare for illegal aliens to a screeching halt.

Imagine what that would do to surrounding Counties with a similar budget deficit. Do you think it might prompt them to do a similar actions? Do you think it might convince the State officials when enough Counties have adopted these measures that we citizens are serious in our desire to protect our communities from being over run by illegal aliens?

--------------------------------------------------------------------------------

The federal Gov't may neither issue directives requiring the States to address particular problems, nor command State' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.

Justice Antonin Scalia, Mack vs US., June 27, 1997

[TheLion]

Like your ideas. Maybe then, they will all go to the left coast for their handouts and it can sink into the ocean. Our present system reminds me of the time I tried to fix a leaky basement from the inside.

[B4Ranch]

Any ideas on how they should be modified to get the officials to join 'the people'?

[TheLion]

Have you run this idea past anyone? I think it would work. I would talk to local police & government authorities, if they are sympathetic. We do need to get involved. The problem now is everybody's sitting on their collective butts while we are being invaded. We the people, rule this country; I think most have long forgotten about that. Most are going to the movies or ordering Dominoes. I will have to think about it somemore. Have you considered starting a thread on this subject? There are, as you know, some good minds around here. Ping a few people here to get this thread more visible. Maybe we can get some ideas.

[TheLion]

I'll start pinging a few.

[TheLion]

Any input to post #5?

[glc1173@aol.com]

Why shouldn't states pay these bills?

With half the aliens in the U.S. in just six states, federal subsidies would just be forcing citizens in 44 other states to pay unending welfare to six states. After all, Washington doesn't get it's money magically; it gets it from the American middle class all over. And these six states have made many of their own problems in this regard; has Kalifornia done a damn thing to make the LAPD start cooperating with the INS? Many states have local police chiefs openly unwilling to refer to INS any illegal they run across.

Get the sticker!

[TheLion]

Are you still around?

[TheLion]

Wasn't aware that local authorities weren't cooperating. What do you think about the ideas B4Ranch expressed in post #5? I might get that bumper sticker.

[TheLion]

Any comments?

[TheLion]

Got any input here?....check out post#5

[TheLion]

Got any input?...check out ideas in post#5

[TheLion]

Any input? Post #5 has some merits...do you think?

[Rome2000]

The problem with the ideas expressed in post #5 of course , is that the local authorities don't have the power to remove or deport illegal aliens from their jurisdiction.

This power rests with the INS, which must back the policy which means that the Administration must back the policy.

That is not going to be easy, as the press, liberal lawyers and judges and of course the DNC will wage a propaganda war that will make their war against Joe McCarthy seem like small potatoes.

The only way to clean up the illegal mess is incrementally.

The first step is to to deny a drivers license to anyone who is not a citizen, a power that the States do have.

It has already been implemented in Florida and elsewhere post 9-11, and is being resisted in Democrat conrolled states like California.

People without a license can then be held as possible illegals and turned over to INS and deported in small batches without a lot of fanfare.

[ladyinred]

I am not sure what you expect the people of California to do. We have voted and passed many anti-illegal alien measures, more than any other citizens in the country in fact. What happens? The liberal judges throw them out. It is not the people of California's fault. You have the wrong perception of us that is for sure. I can't fault you for that, I understand why, but reality of life and people of this state is entirely different then you think.

I don't think making the LAPD do something about this problem is the answer. I would be willing to wager they would love to. The problem lies with the judical branch of government. The liberals learned a long time ago that the real power was in the judges ability to make law from the bench. They of course, see the illegals as potential votes for their candidates therefore they make sure we can't do a darn thing to stop this invasion from the south.

The answer to this problem is getting the judical branch to uphold the laws we have in place. That will take change in administration, and the end of political correctness. Most Californians, liberal, and conservatives do not like the influx of immigrants that burden us all with higher taxes, health care, education problems, etc. This crosses party lines and to think that the police can change things is not understanding the power of the Judge in this country. This needs to come to an end yesterday.

[sweetliberty]

Ping.