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Dems Propose State Laws to Limit ICE 01/15 06:23
Democrats across the country are proposing state law changes to rein in
federal immigration officers and protect the public following the shooting
death of a protester in Minneapolis and the wounding of two people in Portland,
Oregon.
MADISON, Wis. (AP) -- Democrats across the country are proposing state law
changes to rein in federal immigration officers and protect the public
following the shooting death of a protester in Minneapolis and the wounding of
two people in Portland, Oregon.
Many of the measures have been proposed in some form for years in
Democratic-led states, but their momentum is growing as legislatures return to
work amid President Donald Trump's national immigration crackdown following the
killing of Renee Good by an Immigration and Customs Enforcement agent in
Minneapolis. Republicans are pushing back, blaming protesters for impeding
enforcement of immigration laws.
Democratic bills seek to limit ICE
Democratic Gov. Kathy Hochul wants New York to allow people to sue federal
officers alleging violations of their constitutional rights. Another measure
aims to keep immigration agents lacking judicial warrants out of schools,
hospitals and houses of worship.
Oregon Democrats plan to introduce a bill to allow residents to sue federal
agents for violating their Fourth Amendment rights against unlawful search and
seizure.
New Jersey's Democrat-led Legislature passed three bills on Monday that
immigrant rights groups have long pushed for, including a measure prohibiting
state law enforcement officers from cooperating with federal immigration
enforcement. Democratic Gov. Phil Murphy has until his last day in office
Tuesday to sign or veto them.
California lawmakers are proposing to ban local and state law enforcement
from taking second jobs with the Department of Homeland Security and make it a
violation of state law when ICE officers make "indiscriminate" arrests around
court appearances. Other measures are pending.
"Where you have government actions with no accountability, that is not true
democracy," Democratic state Sen. Scott Wiener of San Francisco said at a news
conference.
Democrats also push bills in red states
Democrats in Georgia introduced four Senate bills designed to limit
immigration enforcement -- a package unlikely to become law because Georgia's
conservative upper chamber is led by Lt. Gov. Burt Jones, a close Trump ally.
Democrats said it's still important to take a stand.
"Donald Trump has unleashed brutal aggression on our families and our
communities across our country," said state Sen. Sheikh Rahman, an immigrant
from Bangladesh whose district in suburban Atlanta's Gwinnett County is home to
many immigrants.
Democrats in New Hampshire have proposed numerous measures seeking to limit
federal immigration enforcement, but the state's Republican majorities passed a
new law taking effect this month that bans "sanctuary cities."
In Tennessee, instead of considering a Democratic measure that would limit
civil immigration enforcement at schools and churches, Republican House Speaker
Cameron Sexton said he was working with the White House on a separate package
of immigration-related bills. He hasn't said what they would do.
Trump administration sues to stop laws
The Trump administration has opposed any effort to blunt ICE, including
suing local governments whose "sanctuary" policies limit police interactions
with federal officers.
States have broad power to regulate within their borders unless the U.S.
Constitution bars it, but many of these laws raise novel issues that courts
will have to sort out, said Harrison Stark, senior counsel with the State
Democracy Research Initiative at the University of Wisconsin Law School.
"There's not a super clear, concrete legal answer to a lot of these
questions," he said. "It's almost guaranteed there will be federal litigation
over a lot of these policies."
That's already happening.
California in September was the first to ban most law enforcement officers,
including federal immigration agents, from covering their faces on duty. The
Justice Department said its agents won't comply and sued California, arguing
that the laws threaten the safety of officers who are facing "unprecedented"
harassment, doxing and violence.
The Justice Department also sued Illinois last month, challenging a law that
bars federal civil arrests near courthouses, protects medical records and
regulates how universities and day care centers manage information about
immigration status. The Justice Department claims the law is unconstitutional
and also threatens federal officers' safety.
Targeted states push back
Minnesota and Illinois, joined by their largest cities, sued the Trump
administration this week. Minneapolis and Minnesota accuse the Republican
administration of violating free speech rights by punishing a progressive state
that favors Democrats and welcomes immigrants. Illinois and Chicago claim
"Operation Midway Blitz" made residents afraid to leave their homes.
Homeland Security spokesperson Tricia McLaughlin accused Minnesota officials
of ignoring public safety and called the Illinois lawsuit "baseless."
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