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State considers own action on undocumented immigrants Web Posted: 02/01/2008 11:43 PM CSTHernán RozembergExpress-News RICHARDSON — Sheer frustration over the inability of national leaders to overhaul the U.S. immigration system has pushed Texas lawmakers to consider ways to tackle the problem themselves, at least in helping kick out criminal immigrants. Lawmakers here Friday learned that, despite state laws in place for more than a decade, most local and state law enforcement and correctional agencies keep little or no information on immigrant inmates and don't link up effectively with their federal counterparts. The daylong joint session of the Texas House Corrections and County Affairs committees at the University of Texas at Dallas was part of its effort to come up with new state standards for dealing with undocumented immigrants who commit crimes. "In many cases, when they first enter the system, we don't even ask them if they're here legally or not," said Rep. Jerry Madden, R-Plano, chairman of the Corrections Committee, noting there currently are more than 9,000 foreign-born inmates in the state. "Immigration is federal, but they're serving state offenses so they're our responsibility." Representatives from the Homeland Security Department declined an invitation to testify. The reason for the hearing, Madden noted, was a directive from House Speaker Tom Craddick to develop legislation requiring better coordination between municipal, county, state and federal authorities to help curb illegal immigration and boost border security. The Texas push comes on the heels of similar efforts already taken up in other states. Late last year, a new law took effect in Oklahoma that amounts to a state crackdown on illegal immigration considered by some even tougher than current federal law. And lawmakers in South Carolina approved a similar, albeit more limited, bill Wednesday that's expected to reach the governor's desk this month. The trend is national and growing, evidenced by the record-setting volume of immigration-related bills introduced in statehouses — more than 1,500 — last year, according to the National Conference of State Legislatures. But such proposals vary in scope and it remains to be seen how far Texas lawmakers will go when their next regular legislative session opens in 2009. The narrow approach, Madden noted, is to try to sidestep deep political divisions and tackle one aspect of illegal immigration most likely to draw consensus — convicted criminals. Various state agency administrators called to testify where quick to point out that they have no systemic way of tracking undocumented immigrants and some acknowledged that the impending hearing prompted them to examine the issue for the first time. For example, the Texas Department of Criminal Justice surveyed the 122 adult probation departments across the state in preparation for the hearing. Of the 81 departments that responded, half reported having no procedures in place to identify immigrants, said Bonita White, the administrator who conducted the survey. Though she couldn't estimate how many currently are paroled, she said 13,520 convicted of felonies declared a foreign country of birth, though it didn't necessarily mean they're here illegally. Similarly, the state organization responsible for oversight of county jails could not say how many jail inmates are in the country illegally. "There is a problem, but we don't know how extensive it is," said Adan Muñoz, executive director of the Texas Commission on Jail Standards. But there are ways to get a better understanding of the problem, researchers and former law enforcement agents told lawmakers. George Putnam, a retired agent with U.S. Immigration and Customs Enforcement, said one step would be to see if state law could force county judges to deny bond to undocumented immigrants accused of crimes. Local and state law enforcement agencies also need to make sure ICE picks up such inmates for deportation, he said. Another idea, offered Putnam, would be to standardize arrest reports and booking procedures including asking more detailed questions to flag immigrant inmates. The hearing closed with lengthy public testimony, with both pro-migrant and immigration restrictionist arguments. Restrictionists urged lawmakers to follow in Oklahoma's footsteps, while migrant advocates recommended not meddling in federal matters. Ofelia Delgado, among several San Antonians who attended, said local law enforcers have enough work on their hands and would only alienate large community segments if they turn into de facto immigration agents. "To burden local officers with more responsibilities is counterproductive to making practical systemic change," she testified. "Such policies will only give officers further reign to target, harass and arrest people who look like immigrants and-or criminals."
