Speech #970193753

Fort McCoy was a resettlement center for Cuban entrants who arrived in the 1980 Mariel boatlift. The Wisconsin State attorney general issued an opinion that State and local law enforcement officials would be subject to lawsuits for false arrest and imprisonment if they assisted INS during the period the fort was used in this manner. The opinion relied on Griffin Bells directive that only INS had the power to enforce the immigration laws. This directive is still in effect though the informal INS policy seems to defy it as indicated by a recent sweep which took place in North Carolina where a number of local deputies assisted INS in the apprehension of illegal aliens. The need for this assistance was demonstrated to me personally during my January visit to El Paso where I observed the tremendous burden placed upon our Border Patrol in trying to control that area. Plainly what is really needed is to put interagency cooperation in the enforcing of immigration laws on a firm statutory basis not subject to the interpretative whims of various administration officials. In this respect. this amendment could be a major step in establishing a uniform system of immigration control while protecting the legitimate rights of aliens. I firmly believe that the extent and nature of interagency cooperation can be carefully circumscribed in model agreements that would provide elaborate safeguards for civil rights and constitutional procedures. Specifically. the amendment provides that the agreement must contain a finding that the INS is unable to adequately enforce the immigration laws. making outside assistance necessary. The additional requirements of public notice and comment and a 1year time limitation on the agreement will insure that assistance is invoked only when and where it is needed. Moreover. graduate level police academy training courses can be devised to put this cooperation on the highest professional basis. No sensitive and sophisticated training now exists. With this type of training the ability of local law enforcement officials to assist the INS in a fair. humanitarian and sensitive fashion would be greatly enhanced. The Select Commission on Immigration and Refugee Policy recommended that an immigration enforcement system be in place before major immigration reforms. such as amnesty or employer sanctions. were passed into law and I fully agree with those recommendations. In that the administration does not plan for a significant increase in immigration enforcement personnel. interagency cooperation is needed now as we move to implement the new provisions of S. 2222. Without consistent cooperation from local law enforcement agencies the Immigration Service cannot effectively enforce immigration laws within the United States. The Border Patrol associations. both active and retired. along with the National Sheriffs Association and the Fraternal Order of Police firmly support this amendment. It is time we attempt to solve this problem with appropriate legislation. I ask unanimous consent that some letters of support be printed in the RECORD.