MONTGOMERY — The House Public Safety and Homeland Security Committee on Wednesday passed the Laken Riley Act, authorizing state and local law enforcement to partner with federal agencies to assist in eradicating illegal immigration.
House Bill 7 (HB7), sponsored by State Rep. Ernie Yarbrough (R-Trinity), would authorize partnerships with the U.S. Department of Justice, the Department of Homeland Security and any other federal agency for the purpose of enforcing federal immigration and customs laws.
Under the bill, a law enforcement officer “acting within the scope of his or her authority under any memorandum of understanding, agreement, or other authorization from the federal government may arrest, with probable cause, any individual suspected of being an illegal alien.”
Yarbrough filed the bill during the last session but ran out of time after months of debate, deliberation, and adjustments from lawmakers. The bill is titled the Laken Riley Act, in honor of the slain University of Georgia student who was murdered by an illegal alien last year.
Yarbrough presented the bill before the committee. The current version addresses concerns raised by law enforcement last year, mostly regarding the reporting requirements and penalties for non-compliance levied on local agencies.
“This is HB7, the Laken Riley Act,” Yarbrough said. “As you know, we worked with several members of the committee with amendments last session. I had the privilege to receive encouragement and support from the [House] speaker, as well, working with the AG and [district attorneys] with the amendments.”
State Rep. Chris England (D-Tuscaloosa) stated he did not support the bill generally but took specific issue with a section that he believes would render it unconstitutional if challenged in court.
The section under question states, “When any individual is confined, for any period, in a county or municipal jail, a reasonable effort shall be made to determine the nationality of the person so confined.”
“In any law you write, when you go to what is called a ‘suspect classification,’ you start getting the highest level of scrutiny from any court from that point forward,” England said. “So, if you say that law enforcement, when someone’s incarcerated in a county jail or a municipal jail, that part of their inquiry is to determine a person’s nationality, you’ve already begun moving toward being unconstitutional. Because, ultimately, someone’s status here has nothing to do with their nationality. Because what you’re trying to do is determine if somebody’s here legally. It doesn’t matter where you’re from.”
Yarbrough pushed back on England’s assumption that the section would have his stated effect, saying the purpose of determining nationality is merely to aid law enforcement in determining any language barriers. However, he expressed amenability to possibly clearing up concerns in the future.
State Rep. TaShina Morris (D-Montgomery) suggested the law could lead to discrimination against “black and brown,” since a police officer would be more likely to stop or question a person who appears to be a different nationality.
“You’re going to have someone illegal, or whatever that looks like, black or brown, you can determine,” Morris said. “But if they’re white, you can’t determine. So there’s not going to be a stop for them, but there is a stop for black and brown.”
Ultimately, the bill passed the committee with a voice vote, making exact numbers impossible to determine. It now goes to the House floor for a full vote.
In addition to the enforcement provisions, the bill would also require quarterly immigration-related reporting by local jails and detention centers. Local governments would be responsible for ensuring compliance with the bill’s provisions.
It also requires officers to act in “good faith” while enforcing the bill’s provisions in compliance with existing laws.
The bill would additionally:
· Require state and local government employees to maintain information relating to the immigration status of any individual.
· Allow state and local law enforcement officers to transport an illegal alien to the federal government's custody.
· Allow local law enforcement to arrest an illegal alien based on his or her status as an illegal alien or for violating any federal immigration law.
· Create standard procedures for the intake and booking illegal aliens and foreign nationals in county and municipal jails.
· Require jails to honor immigration detainer requests issued by the Department of Homeland Security in certain circumstances.
· Require quarterly reports by county and municipal jails regarding foreign nationals.
To connect with the author of this story or to comment, email craig.monger@1819news.com.
Don't miss out! Subscribe to our newsletter and get our top stories every weekday morning.
