News Item

Reid-Kennedy Bill Weakens Existing Illegal Immigration Laws


Washington, Jul 5, 2006 -  

Reid-Kennedy Bill Weakens Existing Illegal Immigration Laws

‘Terrorist Loophole’ Makes it More Difficult for Local Law

Enforcement to Detain Law Breakers and Potential Terrorists

At the House Subcommittee on International Terrorism and Nonproliferation hearing today in San Diego, Members of Congress will hear from Kris Kobach, Professor of Law at the University of Missouri – Kansas City. Kobach is the author of a Heritage Foundation memo entitled, “Terrorist Loophole: Senate Bill Disarms Law Enforcement.” This dangerous loophole in the Senate bill would make it more difficult for local law enforcement officers to detain lawbreakers and potential terrorists.

Five of the nineteen 9/11 hijackers had violated federal immigration laws while they were in the United States. Four out of those five were pulled over by police for speeding, and all four could have been arrested had police asked the right questions and realized they were in violation of federal immigration laws.

Local law enforcement officers have the authority to detain individuals who are in violation of federal immigration laws. After the 9/11 attacks, the Office of Legal Counsel at the Department of Justice announced that state and local police officers have the legal authority to arrest any deportable illegal immigrant. Police officers had possessed this authority all along, but the Department of Justice conclusion served as a reminder to local law enforcement agencies about the important role they play in the war against terrorism. As a result, the number of calls to the federal government’s Law Enforcement Support Center by local police officers who had arrested illegal immigrants nearly doubled.

The Reid-Kennedy Senate bill would restrict local police from arresting individuals for civil violations of immigration law. All of the 9/11 hijackers who committed immigration violations committed civil violations. Yet the Reid-Kennedy bill would prohibit police from arresting such terrorists. Under the Senate bill, the federal government and local law enforcement officers lose an important tool in enforcing our immigration laws and combating terrorism.

House Republican Conference Press Office

202a Cannon HOB

(202) 226-9000

Print version of this document