Speech #980043236

I would like to add that I am pleased to cosponsor two amendments which have been offered to this bill which. in my view. address other real issues of concern. The amendment to be offered by the Senator from New York. Senator DAMATO. which I have joined in sponsoring. would require the Federal Government to reimburse States the cost of incarcerating illegal aliens convicted of felonies. In Texas alone. an estimated 500 illegal alien inmates are in prisons. costing taxpayers about $4.500 per inmate. per year. For the same reasons that I do not believe it is fair for the private sector to bear the responsibility of policing our immigration laws. I do not think it is fair for States to bear the high cost of jailing illegal aliens. These individuals. entry into this country was the result of policy decisions over which the States had no control. Therefore. it would appear appropriate. in my view. for the Federal Government to assume responsibility for the result of crimes illegal aliens commit while in this country. I have also joined in sponsoring the amendment to be offered by the Senator from Idaho. Senator MCCLURE. which would require the Immigration and Naturalization Service to obtain a valid search warrant before entering a farm. ranch. or other agricultural operation. Our agricultural industry is vital to our Nations economy and welfare as a whole. and as makers of national farm policy. I believe it is essential that we encourage the stability necessary in the agricultural sector to allow the 23 million people who are involved in that industry to do the job they do so well. Currently. the INS must obtain a warrant prior to entering a place of business. such as a hotel or restaurant. to conduct a search for undocumented workers. However. INS policy now treats agricultural lands as open fields. beyond the scope of the fourth amendment protection. and therefore INS agents do not have to obtain a warrant before entering a private farm or ranch. This open field doctrine has been applied by the courts to those instances where the fruit of the crime is clearly visible to law enforcement officers. This doctrine should not be applied to illegal immigration cases. In my view. it is discriminatory to assume. on sight. that certain farmworkers are illegal aliens simply because of the color of their skin. and these warrantless entries in search of undocumented workers violate the constitutional rights of both the property owners and the workers. Whether or not the workers who are apprehended on such a raid turn out to be illegal aliens. the entire operation of the farm has been disrupted for a period of time. Many workers. including those who later turn out to be U.S. citizens or authorized workers. are scared to come back to work. The purpose of this amendment. therefore. is to stop the open field raids by INS that severely disrupt farming operations. resulting in thousands of dollars in lost crops and manhours annually. Passage of this amendment would not provide any special protection for farmers. It would merely ensure that farmers. ranchers. and farmworkers are afforded the same standard of protection against unreasonable and warrantless searches as other businessmen and workers now enjoy. I cannot predict what will happen to the immigration bill. However. if it is enacted in its present form. I will monitor its effects on my fellow Texans and do everything in my power to see that the effects of this legislation are not as harmful as I fear they could be. It is my hope that my colleagues also will follow its implementation closely and with an open mind. and be willing to make any changes that prove necessary to keep this wellintentioned attempt at solving our immigration problems from becoming just another onerous and counterproductive set of regulations.