Anti-Immigrant Legislation in Mississippi Moves Forward
From Southern Echo:
Anti-immigrant HB 488 passes House Committee Judiciary B; sent to House Education Committee
Good People,
On Friday, Feb. 24, after two hours of discussion, debate and defeat of 3 of the 4 proposed amendments, the House Judiciary B Committee voted 15-6 to adopt House Bill 488, Committee Substitute, entitled the Mississippi Support Our Law Enforcement and Safe Neighborhoods Act, a draconian Mississippi missive to human beings without “papers” that they are not wanted here.
Jud B Chair Andy Gipson, of Braxton, introduced the bill by stating that every person, whether undocumented or not, is a human being under the eye of God on the same basis as every other human being. Further, Gipson contended, the bill was not intended to harm anyone or deprive them of the necessities of life and that the bill had been cleansed of those provisions that had been enjoined by the federal court in the litigation against the infamous Alabama statute, HB 56.
However, contrary to the chair’s declaration of good will, the bill as adopted will do great harm, as I try to illustrate below.
Here are some samples about what the bill actually does:
· Mandates that every time a police officer make a lawful stop, detention or arrest the officer must determine the citizenship status of the individual or individuals involved. If a person, including any citizen, does not have appropriate “papers” with them, then the officer is required to “presume” that the individual is in the State of Mississippi illegally. The officer is authorized to detain the person in the Pearl facility, or one in Louisiana, for 48 hours to determine the legal status of the person. If the person cannot verify that they are here in compliance with US and state law, then the person is to be turned over to ICE, the anti-immigrant federal militia.
· So – don’t go out of your house without a driver license or other form of identification, no matter who you are. Driving is one way, but not the only way to get stopped. If you are walking and an officer thinks you are in the “wrong neighborhood”, or someone calls to complain that you look “suspicious”, or you are intoxicated while walking on a public way, or are leaning up against a lamp post in an area suspected or known to be a “drug market” … and the police officer wants to stop you to inquire or to investigate … a form of pre-emptive intervention, so to speak … then you can be asked to prove you are a citizen or an immigrant with legal status because the “stop” or “inquiry” was a reasonable act within the duties of the officer.
· The bill immunizes the officer against any civil or criminal liability in connection with these stops, detentions and arrests so long as the officer is acting reasonably and in good faith. But, even if you are being repeatedly harassed by the officer, or are clearly the wrong target for their abusive conduct, a slew of recent US Supreme Court decisions make it virtually impossible to bring a court action to demonstrate that an officer is acting without good faith, so long as the officer is acting within the officer’s official duties.
· The bill makes it illegal for any state or local governmental entity to engage in any business transaction with an undocumented person. Although the provision focuses on driver and business licenses, and other forms of licenses, the provision expressly states, “… or any other business transaction.” That language is broad, comprehensive and without any implication that there are exceptions. The Chair said he did not think that was meant to include medical and utility transactions. Rep. David Baria, of Bay St. Louis and Rep. Adrienne Wooten, of Jackson, worked hard to amend the bill to clarify this point by bringing an amendment to specify that this portion of the bill would not apply to medical treatment or to the provision of water, gas and other utilities, and therefore, would not prevent the provision of these basis services to undocumented families.
However, the Chair asked if the Baria amendment would implicate the expenditure of state funds if an undocumented family went to a state or county hospital. As soon as Rep. Gipson asked that question you knew that meant the amendment would be defeated. Of course treatment at a public hospital would involve state funds. The proposed amendment was defeated on a voice vote.
So – under this bill as written it will be illegal for a state or county medical facility to provide necessary medical treatment to a person who cannot show valid documentation, whether adult or child, and regardless as to whether the situation is urgent, an emergency or is life-threatening.
That is cold! This bill does not merely deny an undocumented person the ability to work or to engage in a business to support a family. This bill threatens the health, safety and welfare of that family. This bill is a fundamental disrespect, dishonor and degradation to the humanity of every individual, whether citizen, immigrant with legal status, or undocumented.
What has happened to the moral center in this legislature?
Since the bill was double-referred, the next stop for the bill is in the House Education Committee. [likely this wednesday]
I hope this is helpful.
Mike
Southern Echo
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