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“THE TIME TO DEPUTIZE HAS ARRIVED” mentioning the U.S. Dept. of Justice was published in the Extensions of Remarks section on pages E699 on May 3, 2002.
The publication is reproduced in full below:
THE TIME TO DEPUTIZE HAS ARRIVED
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HON. DOUG BEREUTER
of nebraska
in the house of representatives
Thursday, May 2, 2002
Mr. BEREUTER. Mr. Speaker, this Member wishes to commend to his colleagues the April 26, 2002, editorial from the Norfolk Daily News entitled ``Good reason to cooperate.''
Mr. Speaker, Section 287 of the Immigration and Nationality Act (INA) authorizes the U.S. Attorney General to enter into a written agreement with local and state law enforcement agencies for the purpose of permitting qualified state and local law enforcement officers to carry out the functions of an immigration office. (This section is also known as the ``Latham provision'' in honor of our colleague, the distinguished gentleman from Iowa (Mr. Latham), who introduced the provision as an amendment to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996. These activities would include the investigation, apprehension, detention, and transportation of aliens in the United States.
In areas where there are too few INS resources to effectively confront the problem of illegal immigration, it would seem logical and extremely beneficial for the U.S. Attorney General to enforce Section 287 of the INA.
Unfortunately, the previous Attorney General never took that logical step.
This editorial (and certainly this Member) commends the current Attorney General for indicating that he is willing to revisit the issue. Indeed, deputizing state and local law enforcement officials would provide much needed support to the limited resources available for enforcement of immigration laws in this country's interior.
Good Reason to Cooperate
Critics of the U.S. Justice Department are quick to condemn any real or perceived lack of federal cooperation with state or local law enforcement authorities. A different attitude is evident when federal authorities themselves seek cooperation.
It was evident in the special federal effort to get assistance in questioning--not arresting-- several thousands of individuals who it was thought might be helpful in tracking members of the terrorist network believed responsible for the Sept. 11 attacks on America. That could involve unjust ``profiling,'' it was alleged--as if the law conferred the special privilege to visitors, legal or not, of refusing to cooperate with legitimate law enforcers.
A new controversy arises, with criticism from similar sources, because the attorney general hopes to be able to deputize state and local law enforcers to help deal with the flood of illegal immigrants.
There are good reasons for seeking such cooperation. One is that some immigrants have been involved in crime--here and elsewhere. Local authorities necessarily have to deal with it. They help law enforcement in their own jurisdictions by seeing that illegal aliens are turned over to immigration officers.
Another reason is that despite the porous borders and larger numbers of both legal and illegal immigrants, the Immigration and Naturalization Service has not been staffed to deal with the flood.
It needs help, obvious from the fact that there are estimated to be some 8 million people in America without valid papers, living and often working here illegally. The numbers of INS agents available for internal enforcement are not sufficient for the task.
It is no favor to the millions of legal immigrants America invites to be soft on enforcement. For the illegals to be treated equally rewards noncompliance with the law.
``Softness'' becomes a blatant error when it prompts acceptance of the idea that it is improper to ask for help which local police departments, sheriffs and deputies could provide in enforcing laws.
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