Puentes Opposes HB1205
Join Us to Oppose Anti-Immigrant Legislation at the State Capitol Tomorrow!
The 2010 Legislative Session has seen the introduction of multiple immigrant-related bills that Puentes and its partners have been tracking. Among them are two bills mandating the use of E-Verify (SB67 & HB1027), one bill making undocumented persons ineligible for workers compensation (SB 372), and HB 1205, against which Puentes is asking the community to mobilize and oppose via phone calls and e-mails.
On Thursday, April 15, 2010, HB1205 will be heard in a House Judiciary Committee hearing. Puentes plans to attend this House committee hearing to voice its opposition to the bill and it is asking the community of Latino and general advocates to join us in this effort.
Below is included a short synopsis of some of the provisions that can be found in HB1205. For more information on the bill, you can visit the Louisiana State Legislature site directly.
House Bill 1205
2010 Regular Session
Representative Joe Harrison (R) of District 51 recently introduced House Bill No. 1205 to the Louisiana House of Representatives. The text of the bill can be found at http://www.legis.state.la.us/billdata/streamdocument.asp?did=690634. Representative Harrison has titled the bill the “Louisiana Taxpayer and Citizen Protection Act of 2010”. In fact, HB 1205 constitutes a grave danger to citizens, as well as to other Louisianans. Puentes New Orleans strongly opposes this bill and encourages concerned residents to reach out to Representative Harrison to express their disagreement.
The proposed legislation unites a number of provisions that were introduced and defeated individually during the 2008 session. Among the most objectionable of these are the following:
§1316, which makes it illegal to harbor, conceal or shelter undocumented persons in the state of Louisiana. First time offenders will be fined up to $1000 or imprisoned for up to 6 months. A subsequent conviction may include a $2000 fine and/or 1 year in prison.
§1317, which makes it illegal to transport or attempt to transport an undocumented person in the state of Louisiana. First time offenders will be fined up to $1000 or imprisoned for up to 6 months. A subsequent conviction may include a $2000 fine, 1 year in prison and/or the possibility of hard labor.
Since the vast majority of immigrant families include both documented and undocumented persons, these provisions criminalize normal familiar behaviors such as a lawful permanent resident taking an undocumented sibling to the doctor. A U.S. citizen mother driving a school carpool carrying another family’s undocumented child would also become illegal under HB 1205, provided that the mother acted “in reckless disregard” of that child’s immigration status. No definition of “reckless disregard” is offered in the bill. HB1205 criminalizes landlords, public transportation operators, and good Samaritans too. Louisiana already has the highest incarceration rate in the nation; increasing our prison population for such actions is neither humane nor financially sound.
§1315 mandates that at the time of arrest police officers shall attempt to verify the immigration status of the arrested person. If unable to do so, he/she shall notify the Department of Homeland Security.
Creating an environment in which undocumented persons feel safe reporting crimes to the police is integral to public safety. Immigration enforcement should be left to ICE (Immigration and Customs Enforcement), the appropriate federal agency. Converting state and local police into deportation agents undermines community policing and is a particularly severe obstacle in cases of domestic violence.
§1318 requires that all public employers verify the work eligibility of all new hires using a federal electronic status verification system.
The existing program, E-Verify, remains a flawed system with unacceptably high rates of errors. It is also particularly burdensome to small businesses and would result in lost tax revenues. Combined with the provisions in §1317 that would complicate the hire of day laborers, §1318 would likely negatively affect the economy of Louisiana.
§1314 compels public benefit providers to verify the lawful presence of all applicants.
Federal law already restricts access to public benefits for undocumented persons. §1314 thus gives the illusion of “protecting taxpayers” when such protections are already in place. As has been the case in Oklahoma following the passage of HB1804 in 2007, one effect of §1314 would be to make undocumented parents fearful of soliciting benefits for which their U.S. citizen children are eligible. This in turn creates unhealthy citizens who may become costly to the state.
HB 1205 contains a number of other provisions not analyzed here. Many of them are also problematic. We encourage you to learn more by reading the bill.
Given the complexity and diversity of factors that induce people to migrate, HB 1205 is highly unlikely to discourage undocumented immigration. It is, however, likely to produce a climate in which U.S. citizens and legal permanent residents approach immigrants, both documented and undocumented, with fear and suspicion. By encouraging racial profiling, HB 1205 works against the very kind of inter-ethnic bridge building Puentes promotes.
Please join Puentes in contacting Representative Harrison at (800)935-2081 to express your opposition to this bill.
Tags: anti-immigrant laws, latinola, louisiana 2010 legislature, puentes