Solving the illegal immigration problem from the bottom up

Rep. Don Brown, R-DeFuniak Springs, wants law enforcement officials to find out about a person's legal status when they are detained for specific offenses.  

House Bill 73, if passed in its current form, would require law enforcement personnel to verify a person's immigration status if charged with DUI or BUI. Currently there is no such requirement.

It would also require all public employers, contractors and subcontractors to participate in a specified federal program to verify legal status for all potential new employees.

A more controversial part of the bill would impose a penalty of up to one year imprisonment on any person who knowingly aids or transports an illegal alien.

Verification of legal status would also be required for those applying for public benefits.

Brown says the bill addresses the illegal immigration problem facing Florida and attempts to "preserve the sovereignty of Florida and rule of law."

The bill is just a first step, it starts the process and creates helpful dialogue, said Brown. Brown acknowledged the State of Florida alone cannot solve illegal immigration since it is a national problem and falls under the Federal Government's jurisdiction.

"Florida can't build a fence across the border or enact federal laws but they can start with enforcing the laws in place now," said the state representative.

As a preemptive move, HB 73 specifies that no local governments have authority to setup sanctuaries to circumnavigate federal laws regarding immigration.

In Brown's opinion there is a lot of opposition to the bill, especially from the construction and farming industries. Usually he is on the side of business, especially small business, but said he can't side with them on this topic because he feels they want to protect their own financial gains at the expense of the law.

On April 4, the bill was workshopped in Committee of State Affairs agenda.

Inspector George Collins of the Okaloosa Sheriff's Department said illegal immigrants are "generally asked anyways" when deputies stop drivers who have no drivers license or attempt to use fake documents. Collins said the State of Florida will not issue driver licenses to illegal immigrants, although they do create identification cards without verifying immigration status.

Any law enforcement officer must have "reasonable suspicion" someone is breaking the law before he can stop them and ask questions, said Collins. Reasonable suspicion is a less strenuous test than probable cause. 

"Compliance visits" to local businesses are done by two different means, according to Collins.

First, law enforcement can go to a business and request them to volunteer employment records for verification of validity. This method usually does not produce that much, he said.

The other means is through an investigation, where information is slowly gathered until there is enough evidence for reasonable suspicion. At that point, a law enforcement official will be sent to the business and compel it to release any information on employees.

These "worksite violations" tend to have a "ripple affect" on other businesses who see the penalties of employing illegal immigrants and fire any illegal workers before further investigation can be completed, said Collins.

Local law enforcement personnel can only hold a person for a "reasonable amount of time" while awaiting instructions from federal agents. The allotted time is generally one hour. The closest Immigration and Customs Enforcement office is more than an hour.

The problem of illegal immigration is not just restricted to the financial implications but also humanitarian, said Brown. He theorizes that allowing illegal immigration to thrive it creates a subculture that is extraordinarily exposed to being abused. People are getting exploited and held captive because they don't have legal status and can't turn to the law for fears of deportation, Brown explained.

"No one wants this type of exploitation nor do we want hateful or cruel treatment of illegal immigrants. We simply want to insist on a legal status."