[Congressional Record Volume 148, Number 54 (Friday, May 3, 2002)]
[Extensions of Remarks]
[Page E699]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    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.

              [From the Norfolk Daily News, Apr. 26, 2002]

                        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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