what's so wrong with hb12 and sb9?

8/6/2019 What's So Wrong With HB12 and SB9?

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Our S tate Must Lead The Way On ImmigrationWe Can Do Better Because We Are TexansBy: RITA

Everyone knows that Texas is special.Things are b igger here. Some evensay that thin gs are better here, too.

Well admit it, RITA believes in thepower of Texans and the greatness of our state.

Thats why we believe Texas needs tobe at the forefront in demanding anational solution to the brokenimmigration system that leaves ourcountry less free and less safe.

Our Texas economy is strong andwere proud of that. We can neverallow policies, on immigration, todamage our reputation as a statewith a pragmatic attitude toward theeconomy. With a budget decit in thebillions, we wont stand for divisivelegislation that will turn away keyeconomic partners, such as Mexico,

and impose unsustainable costs onstate and city governments.

Texans believe in family values. Webelieve in helping children excel inschool so they can prosper as adults.

We cannot abide any policies thatwould restrict access to education toour students. This would onlyundermine the nucleus of oursociety. As Texans, we must live up toour best values, not be led astray byour worst fears.

If there is one thing that makesTexas special, its our long andfascinating history. Texas hashistorically been composed of diverse cultures, all embracing the

American Dream. Immigrants andimmigration are part of our legacyas a nation and as a state. Texans see

our state as a beacon of opportunity,and we will never stand for any lawsand policies that dont respect ourstate heritage. In Texas, we take ourcommitment to uphold the promiseof liberty and justice for all veryseriously.

RITA believes in immigration reformbecause we believe in the Americandream and the promise of Americanopportunity. And we believe Texascan lead the way to rationalimmigration policies.

With so much emotion swirling around the issue of immigration, itsimportant to know the facts. SB9 andHB12 threaten the safety andsecurity of every Texan and willwaste resources. Our great state cando better than this, and heres why.

Unfortunately, HB12and SB9 arentintended to be whatsbest for Texans. Thetruth is, theseproposals arepolitically-motivated.

They are not meant toprotect Texascommunities, but toprotect certainlawmakers fromextremist primaryopponents. Therefore,these shortsightedproposals threaten

Texass safety, valuesand economy in themost obscene way.

W HATS SOW RONG WITH SB9/HB12 ?

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Did YouKnow?In 2011: U.S.exported $131.6billion to Mexico,and imported$228.8 billion fromMexico, makingMexico a keyeconomic ally. 1

1. Congressional Research Ofce.
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May 2, 20 11

As executi ves of our departments, we do t hework of serving and protecting the publicwhile complying with our Constitution aswell as the laws that our State Legislaturemandates.

Given that this 82nd Legislative Session inTexas, with more impetus than previoussessions, is currently considering immigrationlaw enforcement measures at the state levelwe offer the following set of considerations.

First, immigration is a federal policy issueand demands a national solution. Anyattempts at the local or state level are onlypiecemeal approaches that will fail to providecomprehensive solutions. We cannot bemisled by extreme rhetoric. Our Texas isgreater. Our values are about embracing innovation and diversity, and recognizing thecontributions of every sector of our society.

Second, Texas security depends oncommunity involvement and partnershipswhich are the cornerstone of our communitypolicing plans. We believe that local lawenforcement should be focused on criminalactivities, not on enforcing civil violations of federal law. Mandating local police toenforce the federal immigration codealienates a signicant and growing sector of our society, especially in the Latinocommunity. In order to achieve nationalsecurity and border security, we mustincorporate Texas immigrant communitiesas part of the solution. Alienating any sectorof our community from law enforcement isnot good for Texas and is not good for oursecurity.

Third, our departments have worked hard atbuilding partnerships across various sectors of

our society. We are concerned that somelegislation now being considered will lead toracial proling and create distrust betweenlaw enforcement and ethnic communities.That hard won trust we currently have wouldbe negatively affected, ultimately

jeopardizing public safety.

Fourth, Texas law enforcement is alreadyfeeling the negative impacts of the economic

downturn. Any state laws that put us on thepath of enforcing federal immigration lawswill create an additional unfunded mandateon law enforcement departments, as well asbe a tax burden for our municipalities andcounties during budget decit years.

Fifth, we know proposed anti-immigrantlegislation will negatively affect others as well.The burdens imposed by many of theseproposals will further strain personnelshortages thus impacting our response time

to emergencies. The proposals run counterto traditional concepts of communitypolicing. In the partnership between lawenforcement agencies and the communitiesthey serve, the publics involvement inreporting and contributing to the solving of crimes is of primary importance. Membersof our communities will be less likely to comeforward as witnessor worsereportoffenders who have victimized them in

various ways.

Our work is best done when allies across allsectors of society continue to be activepartners and help us to provide the publicwith the level of safety they expect from theirgovernment.

Stat ement From P olice Chiefs & SheriffsOn State-Based Immigration Policy By: El Paso County Sheriff Richard Wiles

San Antonio Police Chief William McManusDallas County Sheriff Lupe ValdezMcAllen Police Chief Victor RodriguezUnited ISD Police Department Chief Ray GarnerBexar County Sheriff Amadeo Ortiz

Austin Police Chief Art Acevedo

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Got An E mergency?Too bad. If law enforcementare burdened with enforcingimmigration for the federalgovernment, 911 responsetimes will increase.
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Arizona Lost $750 Billion After P assing SB1070By Americas Voice Online

Arizona saw a total loss of $217million in direct spending byconvention attendees, along with anadditional $535.4 million in lost taxrevenues, economic output, andearnings in the immediate wake of S.B. 1070s enactment.

Immigration is a federalresponsibility, and it is hardly asurprise that states have taken it

upo n themselves to move forwardin the face of Congressionaldithering. But there are right waysto proceed with immigrationreform Utah passed a stateimmigration law earlier this yearthat includes a worker legalizationprogram and there are verywrong ways like Arizonas.

When the economic impact inquestion is to the tune of three-quarters of a billion dollars, wouldany state be able to afford theconsequences?

Conse quences of Arizona -Spirited HB12By RITA

On Public Safety and Security

Local governments, especially theirlaw enforcement departments, willbe stripped of the ability to shapethe policy they know to be mosteffective in providing the level of safety local tax payers expect.The consequence of this bill is thecreation of inconsistency withinpolice departments.

A law enforcement executive willnot be able to determine the safetypriories for individual ofcersunder his/her command.

The individual, rogue ofcer willbe given a hall pass to deviatefrom command structure priorities.

On Local Tax Payer

Jeopardizes the relationshipbetween communities and local lawenforcement agencies, and creates apublic safety risk.

erodes the hard earned trust that a very large and important sector of our society has on our policeofcers, namely Latinos and otherethnic groups; it will call intoquestion the legitimacy of various

police actions; deter witnesses and victims of crime from cooperating with the police; and, force jurors todoubt the testimony of police incourt.

If police ofcers are distracted bylooking for immigrant workers itwill potentially increase responsetime when a tax payer makes anemergency call.

On Local Governments

Local police department will besubjected to potential law suits dueto increased risk of racial proling

This unfunded mandate will uselocal precious resources to enforcefederal immigration laws, aresponsibility of the federalgovernment.

Costs are in terms of time andhuman resources

A police ofcer will spend timelooking for immigrant workersrather than criminals.

Our local jails will see an increasein population and thus will have tospend to house people while ICEresponds.

There are no funds designated fortraining or continuing education of entire departments on thetechnicalities and complexities of current and future federalimmigration law.

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Lawfu l people are theones who will be impactedby this, because my department is already going after the traffickersand criminals... With all duerespect, when things gowrong, the Senate doesnthave to answer to thecommunity, the police chiefdoes.

- Austin Police Chief Art Acevedopublic testimony against HB12,May 19

Q: Isnt I mmigration the job of lawenforcem ent?

A: No. Police do not routinely ask people if theyhave paid their taxes, right? Thats because thatis the IRS job, just as immigration is the federalgovernments job. 1 Texas taxpayers cannotafford to pay for Washingtons inaction.

1. The Constitution of the United States.
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Senator Wil liams legislation would also equip D epartment of Public Safet y (DPS) police cars with a license pla te reading device that indiscriminately scans vehicles passin g through its

visual horizon. Texans will foot the bill for this system, which isintended to check license plate images against a database foroutstanding violations or warrants. While Senator Williamschose to name this a pilot program, SB 9 requires that policeprepare a request for proposals to select a contractor to installthese readers, promising a long-term nancial commitment.

Under SB 9, DPS employees will be required to identify and

interpret many complex immigration documents to processdrivers license renewals/applications. Federal immigrationwork, including screening, is so complex that federal authoritiescurrently refuse to deputize local peace ofcers to inquire aboutimmigration status if ofcers have not yet received sanctionedtraining. As a result, DPS will be forced to train staff and hire300 additional employees at taxpayer expense.

SB 9 would force some Texas residents to renew their driverslicense every year, resulting in longer wait lines and increasedlevels of frustration, while creating an environment ripe forracial proling. In order to pay for this bureaucracy, the bill willadd fees of $8 for a regular drivers license, $20 for a

commercial drivers license, and $40 for a non-residentcommercial license. This would place an undue burden onbusinesses that rely upon drivers, such as shipping and publicand private transportation.

Texas is a gateway to Latin American tourism and trade, andthe above strategies would have a chilling effect on thesetransactions. According to the Congressional Research Ofce,U.S. exports to Mexico increased 25% in 2010 from $105.7billion to $131.6 billion, while U.S. imports from Mexicoincreased 40% from $176.3 billion to $228.8 billion. Houston,

San Antonio, and the Dallas/Fort Worth metroplex have long been destinations for business travelers, as well as tourists fromLatin America. SB 9 has the potential to generate negativepublicity and scare off Latin American tourists and businesscustomers due to the increased potential of police overreachand racial proling. A single instance of perceived racialproling can result in heavy losses from decreased business withLatin American clients.

Please voice your opposition to Senate Bill 9 by writing andcalling your state elected representatives. Help us defeat thisnancially irresponsible piece of legislation.

Why Fiscal Conserv ativesOppose SB9By The T.R.U.S.T. Coalition

Do lawmakers re ally want to gambleTexans security andtax dollars on thefailing S-Commprogram?The Department of Homeland Security is now investigatingS-Comm for failing in its intent to make communities safe.

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Texas Senat e Bill 9 (SB 9) has just passed the Sen ate and willsoon be con sidered by the House of Representat ives. It is acostly piece of legislation mandating that federal immigration

background checks be carried out by the states police forcesand jailers. It is an expansion of U.S. Immigration andCustoms Enforcements Secure Communities strategy inTexas. This unfunded mandate threatens to worsen prisonand jail overcrowding through longer sentences (penaltyenhancements) and parole denials for various felony crimes.

The bill, authored by Senator Tommy Williams, ignores thefact that Texas is already voluntarily participating in SecureCommunities. Today, the decision to carry out immigrationbackground checks in Texas is left to each county. In the caseof Travis County, U.S. Immigration and CustomsEnforcement (ICE) has two ofcers stationed in the county

jail, to whom these cases are referred. SB 9 removes this localcontrol by mandating federal immigration background checkson all people held in county jail, even those held fornonviolent crimes.

By increasing the number of crimes ineligible for parole andby increasing minimum sentences, SB 9 lengthens the timeprisoners spend in prison at a cost to taxpayers of more than$50/day, or more than $18,000/year per additional inmate.In 2008, Travis County was left with $1,313,862 inunreimbursed costs for housing detainees waiting to be pickedup by ICE. Longer sentences will also increase the burden onalready overcrowded facilities, potentially necessitating theconstruction of additional lock-ups. These funds will notmake Texans safer, and will only increase the difculty of reintegrating former inmates into the economy.
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SB 9 is exp anding S-Comm, a failed federal s ystemSB 9 is a cos tly piece of legislation authored by Senat or TommyWilliams tha t aims to expand U.S. Immigration and C ustomsEnforcements Secure Communities strategy by requiring immigration

screening for drivers license renewals/applications, as well trafcstops. This omnibus bill threatens to worsen prison and jailovercrowding due to its proposed penalty enhancements and paroledenials for various felony crimes.

Texas is already voluntarily participating in Secure Communities.However, SB 9 removes this local control by mandating federalimmigration background checks, even as the federal government haslaunched an investigation into the failing program. While SecureCommunities purports to be targeting hardened criminals, data showsthat non-criminals are overwhelmingly being arrested and deported.U.S. Immigration and Customs Enforcement (ICE) reported 6,092deportations in the month of February as a result of SecureCommunities. However, only 22.4%, or 1,367 of these undocumented

immigrants, were identied as involved in major felony crimes.

SB 9 opens the oodgates of racial proling and taxpayerexpensesBy placing the burden to identify and interpret many compleximmigration documents upon Department of Public Safety (DPS)employees for the purpose of drivers license renewals/applications,SB 9 increases the likelihood of time-consuming mistakes, as well asracial proling by rogue employees.

In 2009, when Irving police rst received 24-hour access to ICEimmigration screening in their local jails, arrests of Latinos for trafcviolations skyrocketed. Arrests of Anglos and African Americans forthe same offenses remained constant. Also that year, over 80 U.S.

citizens and legal resident Latinos were arrested for minor trafcoffenses as part of this program.

Federal immigration work, including screening, is so complex thatfederal authorities currently refuse to deputize local peace ofcers toinquire about immigration status if the ofcers have not yet receivedthe training outlined in 8 U.S.C. 1357(g). In addition to forcing DPSto train staff and hire 300 additional employees at taxpayer expense,passage of SB 9 will turn employees trained to issue drivers licensesinto federal immigration status examiners. Mistakes may expose localgovernments to costly litigation.

SB 9 penalty enhancements will increase taxpayerexpendituresBy increasing the number of crimes ineligible for parole, and byincreasing minimum sentences, SB 9 adds to prison overcrowding at acost to taxpayers of more than $50/day, or more than $18,000/year peradditional inmate. In 2008, Travis County was left with $1,313,862 inunreimbursed costs for housing Immigration and CustomsEnforcement detainees.

The private prison industry is the only clear beneciary of SB 9. Texastaxpayers will be forced to foot the bill at a cost of more than $50/day,or more than $18,000 per inmate annually. Yet community supervisionand non-prot diversionary programs have proven more cost-efcientand more programmatically effective in reducing recidivism in Texas.

SB 9 license plate reading technology violates personalprivacy SB 9 provides for equipping DPS police cars, at taxpayer expense,with a license plate reading device that indiscriminately scans vehicles

passing through its visual horizon. The software analyzes the licenseplate image and checks against a police database for any outstandingviolations or warrants. While Senator Williams chose to name this apilot program, the program must include a request for proposal processto select a contractor for the installation of automatic license readers,promising a long-term commitment. The information collected bythese machines will be stored for a minimum period of one year,regardless of whether a crime was committed. This will clearly violatethe personal liberty of Texans.

SB 9 will have a chilling effect on international businessTexas is a gateway to Latin American tourism and trade. According tothe Congressional Research Ofce, U.S. exports to Mexico increased25% in 2010 from $105.7 billion to $131.6 billion, while U.S. imports

from Mexico increased 40% from $176.3 billion to $228.8 billion.Houston, San Antonio, and the Dallas/Fort Worth metroplex have longbeen a destination for business travelers, as well as tourists from LatinAmerica. SB 9 has the potential to generate bad publicity and scare off Latin American tourists and business customers due to the increasedpotential of police overreach and racial proling. A single instance of perceived racial proling can result in heavy losses from decreasedbusiness with Latin American clients.

Since the signing of the North American Free Trade Agreement(NAFTA), many Texas companies have sought to expand their salesand operations in Mexico and beyond. These new customers makefrequent trips to Texas, where they expect to receive a warm welcome.SB 9 could turn a minor trafc violation into a bureaucratic nightmare

and the subsequent loss of business due to negative headlines abroad.

SB 9 will result in increased insurance costsMore unlicensed and uninsured drivers can be expected as a result of SB 9s cumbersome and costly drivers license application and renewalprocess, which in turn will result in higher premiums.

SB 9 will disenfranchise and expose Latinos todiscrimination.Much of the demographic growth in Texas has been as a result of Latinos. Over half of public school pupils (50.2%) are now Latino, andtheir percentage is projected to grow in coming years. Data gatheredtwo years ago as Irving experimented with 24-hour local immigrationenforcement shows that as soon as police had access to immigration

screening, Latinos were disproportionately singled out and arrested fortrafc violations. Also that year, over 80 U.S. citizens and legalresident Latinos were arrested for minor trafc offenses as part of thisprogram.

SB 9 is being sold as a Homeland Security bill, but it really moves thestate towards a restrictive voter ID process due to hurdles it imposeson individuals to get a drivers license or other state ID. If enacted, SB9 bill would disenfranchise more minority and elderly Texas voters.

SB 9 will fail in improving security. And in the end, it will onlydisenfranchise minority and elderly Latino voters.

Wh y EveryoneShould Oppose SB9

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After hours of testimony in the Senate Committ ee onTransportat ion and Homeland Security against HB12 on May19, Texans were surprised when Sen. Tommy W illiamsaccepted Sen. Juan Hinojosas proposal to delete language inHB12 and replace it with SB9.

Sen. Kirk Watson, who was seemingly annoyed that publictestimony was still focused on HB12 and not SB9, took pains toexplain to those gathered in the hearing room that HB12 wouldnot be voted on in its former language.

This is not a trick play, Williams assured civil rights activists,faith leaders and law enforcement who had come to testify.

Well, what a difference a day can make!

That Friday, with no public testimony, Williams brought theHB12 monster back to life. Sen. Watson rightfully asked for anexplanation.

The representation that I made was... if HB12 were to comeback to a oor vote any different, that it was we would bring it

back to committee, but this is the same bill thats been sitting incommittee, Williams said. I think what we talked about[Wednesday] was that if the bill had been to the oor andcame back with a point of order or any other reason, therewould be a public hearing if it was ever substituted. So if therewas a misunderstanding, Im sorry.

Right.

Among those who lost their chance to speak directly to the

committee were representatives from Texas countygovernments, religious leaders, conscientious conservatives anddozens of immigration reform and civil rights activists.Representatives from the San Antonio and El Paso CountySheriffs Departments were also there, not to mention businessowners and other trusted community leaders.

Is it possible that Sen. Williams thinks the voices of thesehonest, hard-working Texans dont matter more than scoring petty political points?

Surp rise! HB12 M onster Comes Back To LifeDozens Lose Chance To Testify In Trick MoveBy RITA

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Immigra tion Demands A National S olutionImmigration is a federal policy issue that can no l onger wait to beaddressed. Any attempts at the local or state level are only

piecemeal approaches that will fail to provide comprehensivesolutions. We cannot be misled by extreme xenophobic rhetoric.Our America is greater. Our values are about embracing innovation and diversity, and recognizing the contributions of every sector of our society. Congress must act now to x thebroken immigration system.

Under the Obama administration, removals reached a record highin 2009 to 387,790. The increase was due to a 19 percent rise indeportation of criminal illegal immigrants. However, the majorityof immigrants removed continued to be non-criminals.

Ray Perryman, the leading economist of Texas, estimated that if all undocumented people were to leave Texas, the state would lose$69.3 billion dollars in annual spending and 403,000 jobs. Just theincome loss in Texas would amount to an $807 de facto annualtax, per person, to pay for the effects of these policies, or $2,400 to$4,000 per Texas family of a typical size.

Our Security Depends on Community Security Communities are essential to security. Local law enforcementactivities should focus on criminal activities, not enforcing civil

violations of the federal law. Mandating local police to enforce thefederal immigration code strains the resources of localgovernments and alienates a huge sector of our society, especiallyin the Latino community. In order to achieve national security andborder security, we must incorporate Texas immigrantcommunities and Latinos as part of the solution. Alienating any

sector of our community from law enforcement is not good forTexas and is not good for our security.

Effective crime prevention and crime solving requires trust and isundermined by fear.

El Paso is the safest city in the country, primarily due to the trustbetween law enforcement and the community. Trust betweenimmigrant communities and local/state law enforcement isespecially important in preventing terrorism and drug violence bykeeping open channels of communication and informationgathering.

Numerous studies by independent researchers and governmententities consistently show that immigrants are less likely to commitcrimes or be incarcerated than the native-born population. In fact,although the number of undocumented immigrants in the U.S.doubled to about 12 million between 1994 and 2005, the U.S.

violent crime rate declined by 34.2% and the property crime ratefell by 26.4%.

A Strong Economy, A Strong TexasOur Texas economy is strong because of the efforts all of us havemade, minorities, Latinos and non-Latinos, as business owners,employers, workers and taxpayers. Texas policies, including thosedealing with immigration, must continue to reafrm ourreputation as a business-friendly state. With a budget decit close

to $25 billion, we cannot afford divisive state legislation that willturn away key economic partners, such as Mexico, and imposeunsustainable costs on our state and municipal governments.

A 2006 nancial analysis by the Texas Comptroller found thatundocumented immigrants contributed $17.7 billion to Texasgross state produce in 2005, creating $1.58 billion in staterevenues, which exceeded the $1.16 billion in state services theyreceived.

Texas blazes its own path, Not Arizonas. According to research byan Arizona-based rm, Elliott D. Pollack and Company, Arizonalikely to lose $253 million from conference cancellations andbooking declines. And added to this is the estimated $17 million of lost tax revenue that accompanies the losses in tourism spending and employment.

Latinos are also entrepreneurial. 60% of all small businesses inTexas are owned by Hispanics.

Respect Texas Family ValuesStrong families mean strong communities. Keeping familiestogether remains an important Texas value that helps childrenexcel in school and prosper as adults. Any policies that seek torestrict access to education to our students are detrimental and willundermine the nucleus of our society. As Texans, we must live upto our best values, not be led astray by our worst fears.

Its a core constitutional protection that if children are born here,they are Americans. Destroying that principle would be adangerous mistake that would threaten the freedom of all of us.

Close to 50% of undocumented families today arrived legally ontourist visas. They exist as mixed immigration families with somechildren who are undocumented and others that are US citizens.They are strong advocates for the education and want theirchildren to have access to higher education and opportunities thathave been historically denied to them.

A RAND study showed that a 30-year-old Mexican immigrantwoman who graduates from college will pay $5,300 more in taxesand cost $3,900 less in government expenses each year than if he had dropped out of high school. This amounts to an annualscal benet of over $9,000 every year, money that can be used topay for the education of others.

Texas Way of LifeTexas has historically been composed of diverse culturesembracing the American Dream. Immigrants and immigration arepart of our legacy as a nation and as a state. As a beacon of opportunity, we Texans must ensure that our laws and policiesembody a humane approach to this reality, reecting ourcommitment to uphold the promise of liberty and justice for all.

Our states future depends on maximizing all of our assets,including the labor, knowledge, and energy of every Texan whocontributes to our common goals of building strong families,strong communities, and a strong economy.

A S tatement of Texan PrinciplesTo Guide Lawmakers on Sensible Immigration Policy By RITA

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what's so wrong with hb12 and sb9?

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