Speech #1040201804

In this instance. I would argue the Senate ought to maintain the kind of fairness of the current law. If you want to search for illegal aliens. then you get the employers permission. or if you have probable cause. then you get a search warrant. That is called fairness and equity in this society. I think that is what we have to strive for. The McClure amendment applies only to unjustified searches and only to the Immigration and Naturalization Service. It does not apply to any other law enforcement agency such as DEA or State or local law enforcement officers. I think that is important to specify. INS agents in hot pursuit of Illegal aliens or others who are violating the law could still enter the field. In other words. we have not created a wall here. we have created a protection of property rights. The McClure amendment was originally passed because of evidence that the INS was abusing openfield searches.