Lawmakers consider bill to mandate reporting of undocumented immigrants to federal authorities

— UPDATED at 8:11 p.m.

Illegal immigration is currently a top issue in Washington, D.C.

That debate came to St. Paul Wednesday in the form of a bill before the House Public Safety Finance and Policy Committee that would require county attorneys to report undocumented persons who are arrested for a crime of violence to U.S. Immigration and Customs Enforcement.

“This bill is very narrowly focused in its scope,” said Rep. Max Rymer (R-North Branch), sponsor of HF16. “The mandatory reporting to immigration authorities would include illegal immigrants who are suspected of murder, assault, domestic assault, crimes committed for the benefit of a gang, robbery, carjacking, kidnapping and criminal sexual conduct.”

Demonstrators in opposition to HF16 watch live coverage of the House Public Safety Finance and Policy Committee outside a packed Capitol hearing room March 12. (Photo by Michele Jokinen)

Approved by the committee along party lines, the bill was sent to the House Elections Finance and Government Operations Committee.

Charles Thayer began the afternoon with emotional testimony, recounting how his mother was murdered by her undocumented boyfriend with a felony conviction. Thayer said the boyfriend was previously imprisoned for trying to stab a girlfriend.

He voiced unconditional support for the proposed legislation, saying stricter immigration enforcement could have prevented his mother’s murder.

“The only question I really have left is how anybody on any side of any aisle would ever have a problem with reporting dangerous criminals to ICE so they can be considered for deportation immediately.”

The bill would require reporting names of undocumented persons suspected of committing violent crimes to ICE regardless of whether the person is ultimately charged with an offense.

Several opponents said that provision raises due process concerns.

A letter signed by 35 public defenders stated, “What you propose is the morally and legally wrong thing to do because it would separate children from their parents, encourage racial profiling, undermine our system to protect public safety, and cost the taxpayer money they don’t want to spend – all for people who may not have committed a crime at all.”

That lack of due process also could be abused by criminals, said Eder Castillo, immigration policy attorney for Hennepin County.

“Violent and dangerous offenders would brandish HF16 like a weapon,” he said. “HF16 would give violent and dangerous offenders a menu of false accusations to lodge against victims to silence them or even disappear them out of this country.”

Undocumented individuals would be afraid to report crimes or seek help to escape abusive situations, said Minneapolis Community Safety Commissioner Todd Barnette.

“If community members fear that interaction with city staff or law enforcement could lead to immigration enforcement, they may avoid reporting crimes or seeking help, which can undermine our public safety efforts,” he said.

Rymer said one impetus of the bill is the “open defiance” of Minneapolis and Hennepin County officials who have said they will not communicate immigration status to federal authorities.

To that end, other provisions in the bill would preempt local ordinances, regulations, and policies that limit or prohibit government employees from communicating with federal officials about the immigration status of individuals or cooperating with federal officials in immigration enforcement.

“I think what this bill will ultimately accomplish is creating a pathway between local authorities to report violent offenders who happen to be illegal immigrants to federal authorities,” Rymer said.