Missoula County continues to oppose HB 223 as amended: Create statutory authority for sworn law enforcement officers to hold aliens, up for second reading on the House floor this afternoon. This legislation makes it illegal under state law for counties to refuse to unconstitutionally hold someone in their local jails due to a federal demand. These demands unaccompanied by any other state, local of federal charge have been ruled to be unconstitutional holds. The simple enactment of a statute saying counties must detain based on these holds will open counites up liability for the violation of constitutional rights, which is the very definition of overreach.
The federal government does not control county jails. The federal government also does not pay for detainees, and in Missoula County other federal holds are not being paid for the actual costs of confinement. This is an unfunded mandate. There is ample literature regarding evidence that strict immigration enforcement can actually exacerbate crime, because it makes undocumented communities and victims extremely reluctant to call law enforcement when a crime has been committed. With this bill, victims will be even more hesitant to report crimes.
This bill smacks again of a desire to refuse to provide those who we believe are other than “us” with the fundamental human rights and protections that should be at the core of our republic.
Representatives,
ReplyDeleteMissoula County continues to oppose HB 223 as amended: Create statutory authority for sworn law enforcement officers to hold aliens, up for second reading on the House floor this afternoon. This legislation makes it illegal under state law for counties to refuse to unconstitutionally hold someone in their local jails due to a federal demand. These demands unaccompanied by any other state, local of federal charge have been ruled to be unconstitutional holds. The simple enactment of a statute saying counties must detain based on these holds will open counites up liability for the violation of constitutional rights, which is the very definition of overreach.
The federal government does not control county jails. The federal government also does not pay for detainees, and in Missoula County other federal holds are not being paid for the actual costs of confinement. This is an unfunded mandate. There is ample literature regarding evidence that strict immigration enforcement can actually exacerbate crime, because it makes undocumented communities and victims extremely reluctant to call law enforcement when a crime has been committed. With this bill, victims will be even more hesitant to report crimes.
This bill smacks again of a desire to refuse to provide those who we believe are other than “us” with the fundamental human rights and protections that should be at the core of our republic.
Please oppose HB 223.