Speech #980214354

The amendment would add a new section clarifying powers and authority of INS relating to arrest. search. and detention. I spoke earlier in support of the Roybal amendment. which provides inservice training. community outreach and investigations of abuse by INS personnel. In my statement of support for the Roybal amendment I stated that: We have seen and heard various complaints which paint a picture of overzealous enforcement of immigration laws by INS personnel. There have been cases such as the case of Mario Garcia who was the son of a Mexican national legally in San Diego to work and was deported because he looked like an illegal alien. Another example (see attached article) was brought out at a community hearing in Orange County in which Father John Caulfield spoke of immigration raids on English classes at his churchs parish. An example which resulted in death. deals with the INS chasing a car which eventually was struck by a hay truck and caused the death of 11 people. The legal counsel for the families involved stated that the "agent chased them for 29 miles at speeds up to 100 m.p.h. without turning his siren or flashing his lights. and without any attempt to get help from other law enforcement authorities to pull them over." These are examples of INS abuse of authority and insensitivity which makes this Roybal amendment as important as the first. While the previous Roybal amendment sets in place a mechanism to improve delivery of service and the training of INS personnel. this amendment provides the clarification needed to ensure that INS can continue to enforce the law while not abusing its authority and violating the rights and dignity of people. Opponents of this amendment will contend that it will result in curtailing and limiting the powers of the INS. On the contrary. we want to ensure that the INS does not continue to further its image of being antiimmigrant. by not complying with proper procedures for searching. arresting. and deporting persons thought to be illegally in the United States. Again. I must emphasize that the law should be enforced but under no circumstances should the enforcement of the law be one at the expense of peoples civil and human rights. I have heard many complaints of persons who are U.S. citizens and because of physical and linguistic characteristics have been searched. arrested. and even deported by the INS. A good example which illustrates this abuse of power is found in Mendoza against INS 1982 in which the court found that the INS agents only had authority to arrest persons reasonably believed to be illegal aliens who were likely to escape before an arrest warrant could be obtained. 8 U.S.C. � 1257(A)(2). Again. the enforcement interests must be weighed against the two individuals rights to freedom from oppressive governmental intrusion and to be secure in their persons. and any detention after the investigatory stop must be based on consent or probable cause. BrignoniPonce. 422 U.S. at 822.