Reid bill might block state immigration laws

The Washington Examiner ^ | November 28, 2011 | Joel Gehrke

[2ndDivisionVet]

Democrats in Congress have proposed a new racial profiling ban that could thwart state and local laws on immigration enforcement, such as the controversial Arizona law currently tied up in federal court, by witholding federal funding for state and local law enforcement agencies engaged in "racial profiling" and empowering the Department of Justice (DOJ) to file lawsuits against state and local governments.

Sens. Harry Reid, D-Nev., and lead sponsor Ben Cardin, D-Md., are pushing the End Racial Profiling Act of 2011, which would, among other things, "withhold federal law enforcement funding if local and state governments failed to adopt effective policies that prohibit racial profiling" and "require the Attorney General to report on ongoing discriminatory profiling practices." Those reports could provide the basis for federal lawsuits against the state or local entities, filed by the Department of Justice (DOJ) or by individuals who believe they have been racially profiled.

Reid co-sponsored a similar version of the bill in 2004. According to Cardin's office, the newer bill has been updated specifically to reflect concerns about unfair immigration enforcement practices.

The Federation for American Immigration Reform (FAIR), which promotes more illegal immigration enforcement and lower levels of legal immigration, warned that the bill, if implemented, could interdict state and local efforts to enforce illegal immigration laws. "This could be used as a club to beat [states with illegal immigration laws] into submission," said FAIR spokesman Ira Mehlman, although he noted that the language "doesn't guarantee that it would be used in this way."

Reid's spokesman described the Arizona law last year as "legalization of racial profiling." Reid has also said he supports the DOJ lawsuit against Arizona regarding SB 1070.

This law updates the 2003 DOJ guidelines against racial profiling to reflect concerns about immigration offenses. For the first time, it would apply to state and local officials, which the current DOJ guidelines do not (although the 14th Amendment does). It contains the following definition of racial profiling:

This Title would ban racial profiling, defined as the practice of a law enforcement agent or agency relying, to any degree, on race, ethnicity, religion, or national origin in selecting which individuals to subject to routine or spontaneous investigatory activities, or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure, except when there is trustworthy information, relevant to the locality or and time frame, that links persons of a particular race, ethnicity, religion, or national origin to an identified criminal incident , or scheme, or [organization].

In keeping with that provision, the law identifies an array of situations in which racial profiling would be prohibited, "includ[ing]: interviews; traffic and pedestrian stops; frisks and other types of body searches; consensual or nonconsensual searches of the persons or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians."

Arizona's anti-illegal immigration law, SB 1070, calls for the state to enforce federal illegal immigration laws and empowers local police to check the immigration status of people encountered in the course of law enforcement activities, provided that "reasonable suspicion exists that the person is an alien who is unlawfully present in the United States."

Given the possibility that Reid and Cardin's bill could thwart high-profile efforts to mitigate illegal immigration, the vote on the legislation puts illegal immigration hawks in the Republican Party in an uncomfortable position. Either they vote for the law at the potential expense of allies in state government, or they risk the negative publicity that would come from voting against a ban on racial profiling during a presidential election cycle.

[Marine_Uncle]

Agree. That was none Snafu race as it turned out.

[SunkenCiv]

Thanks sickoflibs.

[Tolerance Sucks Rocks]

According to Cardin's office, the newer bill has been updated specifically to reflect concerns about unfair immigration enforcement practices.

Hey, Senator Cardin!

Up your nose with a rubber hose!

[Tolerance Sucks Rocks]

According to Cardin's office, the newer bill has been updated specifically to reflect concerns about unfair immigration enforcement practices.

Hey, Senator Cardin!

Up your nose with a rubber hose!