Is Your Local Law Enforcement Involved with ICE?

House Bill 13, currently up for discussion at the Alabama state level, permits any local law enforcement agency to enforce immigration policy if they enter into an agreement with the Department of Homeland Security. Here’s what’s included in the bill.  

·       Gives law enforcement officers the power to arrest, with probable cause, any individual suspected of being an undocumented immigrant

·       Requires law enforcement officers to notify Department of Homeland Security of any person with an illegal status and wait for further instructions on continued detainment or release of that individual.

·       Requires state and local government employees to maintain information relating to immigration status of any individual

·       For full text of HB 13, follow the link here.

Let’s break it down.

“A law enforcement officer acting within the scope of his or her authority under any memorandum of understanding, agreement, or other authorization from the federal government may arrest, with probable cause, any individual suspected of being an illegal alien.”  

So how does one suspect someone doesn’t have all the paperwork to be in this country?  Not enough paper cuts? In all seriousness, what does “probable cause” look like? This is a crucial question. In order to make an arrest, law enforcement officers have to have a reasonable basis to believe a crime has been committed. Concern about the use of racial or ethnic profiling as a basis for determining probable cause cannot be ignored.

Remember the 4th Amendment to the Constitution:

“…no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”  

And even more importantly, the 5th Amendment to the Constitution:

“No person shall be held to answer for a capital, or otherwise infamous crime,… nor be deprived of life, liberty, or property without due process of law.”

We’ve seen these American ideals ignored. We’ve watched as our government has scorned years of legal precedent.  In Alabama, we need to fight for our ideals as Americans! This isn’t just quibbling over legal details in a word riddled bill—but standing up for what’s right for our friends and neighbors. “Give me your tired, your poor, your huddled masses yearning to breathe free.” We know what’s right!

Contact your representatives to express your views! Let them know we do not want our local law enforcement agencies involved with ICE!

HB 13 is currently under review in the Judiciary Committee. Wednesday Jan 28th, this bill is up for discussion again, so act now to get your voice heard!