Text: H.Res.1384 — 111th Congress (2009-2010)

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Introduced in House (05/20/2010)


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[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H. Res. 1384 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. RES. 1384

  Expressing the sense of the House of Representatives that State and 
local governments, and State and local law enforcement personnel in the 
course of carrying out routine duties, have the inherent authority of a 
 sovereign entity to investigate, identify, apprehend, arrest, detain, 
  or transfer to Federal custody aliens in the United States, for the 
purpose of assisting in the enforcement of the immigration laws of the 
                             United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2010

  Mr. Gary G. Miller of California (for himself, Mrs. Myrick, and Mr. 
Smith of Texas) submitted the following resolution; which was referred 
to the Committee on the Judiciary, and in addition to the Committee on 
 Homeland Security, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                               RESOLUTION


 
  Expressing the sense of the House of Representatives that State and 
local governments, and State and local law enforcement personnel in the 
course of carrying out routine duties, have the inherent authority of a 
 sovereign entity to investigate, identify, apprehend, arrest, detain, 
  or transfer to Federal custody aliens in the United States, for the 
purpose of assisting in the enforcement of the immigration laws of the 
                             United States.

Whereas the Federal Government has failed to fully carry out current laws 
        governing the enforcement of the immigration laws of the United States;
Whereas the Federal Government's lack of enforcement has failed to curb illegal 
        immigration, secure the borders, and protect the homeland;
Whereas 11,000,000 to 20,000,000 aliens unlawfully present in the United States 
        currently reside in the United States;
Whereas 15,000,000 individuals authorized to be employed in the United States 
        are unemployed while an estimated 8,000,000 illegal aliens are 
        unlawfully employed;
Whereas Mexican drug trafficking organizations have operations within the United 
        States and are geographically dispersed throughout at least 230 cities;
Whereas the number of drug trafficking-related deaths in Mexico since January 
        2007 has been estimated at over 14,000;
Whereas Congress remains concerned with the possibility that the current drug 
        trafficking-related violence in Mexico may spill over into the United 
        States;
Whereas the failure by the Federal Government to curb illegal immigration and 
        secure the borders has placed, and continues to place, a substantial 
        burden on State and local government agencies to address illegal 
        immigration and the escalating border violence;
Whereas many State and local governments have actively worked to discourage 
        illegal immigration and to assist in the enforcement of the immigration 
        laws of the United States;
Whereas such actions and assistance have come at great expense to State and 
        local governments;
Whereas illegal immigration costs State and local governments $40,000,000,000 to 
        $80,000,000,000 every year;
Whereas illegal immigration also poses a threat to the security of the United 
        States;
Whereas the 9/11 Commission Report found that several of the 19 9/11 terrorists 
        had overstayed their tourist visas and therefore were unlawfully present 
        in the United States;
Whereas 3 of the hijackers had been stopped for traffic violations when they 
        were living illegally in the United States, including the pilot Ziad 
        Jarrah who was cited for speeding just 2 days before the attacks;
Whereas if the information that those individuals had overstayed visas had been 
        available to local law enforcement officials, several of the hijackers 
        might have been detained and deported, potentially disrupting the 9/11 
        plot;
Whereas 3 noncitizens, who authorities say supplied funds to Times Square car-
        bomb suspect Faisal Shahzad, were arrested in the United States and 
        found to have overstayed their visas and to be unlawfully present in the 
        United States;
Whereas the State of Arizona recently enacted the Support Our Law Enforcement 
        and Safe Neighborhoods Act to enhance the ability of State and local 
        agencies to discourage illegal immigration, protect Arizona communities 
        against local and international organized crime, and to ease the burden 
        placed on the State;
Whereas it is the intent of the Support Our Law Enforcement and Safe 
        Neighborhoods Act to make attrition through enforcement the public 
        policy of all State and local government agencies in Arizona;
Whereas the Support Our Law Enforcement and Safe Neighborhoods Act mirrors 
        Federal law, which already requires aliens to register and carry their 
        documents with them;
Whereas the Support Our Law Enforcement and Safe Neighborhoods Act simply states 
        that violating Federal immigration law is now a State crime as well;
Whereas the Support Our Law Enforcement and Safe Neighborhoods Act allows law 
        enforcement officials to ask about immigration status only in the normal 
        course of a lawful stop, detention, or arrest, such as in the course of 
        a traffic stop or criminal arrest;
Whereas the Support Our Law Enforcement and Safe Neighborhoods Act prohibits a 
        law enforcement official or agency or a county, city, town or other 
        political subdivision solely to consider race, color, or national origin 
        in implementing the requirements of the Act; and
Whereas the Support Our Law Enforcement and Safe Neighborhoods Act will help to 
        alleviate the costs of illegal immigration on taxpayers and will enhance 
        national security: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives 
that--
            (1) States, and law enforcement personnel of a State (or of 
        a political subdivision of a State) in the course of carrying 
        out routine duties, have the inherent authority of a sovereign 
        entity to investigate, identify, apprehend, arrest, detain, or 
        transfer to Federal custody aliens in the United States 
        (including the transportation of such aliens across State lines 
        to detention centers), for the purposes of assisting in the 
        enforcement of the immigration laws of the United States;
            (2) State and local governments should be supported by the 
        Federal Government for taking actions to discourage illegal 
        immigration;
            (3) State and local governments should be fully reimbursed 
        for the costs associated with illegal immigration;
            (4) State and local governments that knowingly harbor 
        illegal immigrants should be penalized;
            (5) current laws governing the enforcement of the 
        immigration laws of the United States should be enforced to the 
        highest extent of the law;
            (6) attrition through enforcement should be the policy of 
        the United States; and
            (7) legislation to enhance border security and the 
        enforcement of immigration laws should be passed quickly in 
        order to ease the burden on State and local governments and 
        increase national security.
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