June 27, 2006

A Simple Proposal

Republican gubernatorial candidate Jim Bryson on Monday promised state-level reforms to combat illegal immigration, and incumbent Gov. Phil Bredesen again showed his indifference to the problem and his predilection to pass the buck by saying illegal immigration isn't his problem, it's a federal government problem. From the Tuesday Nashville City Paper, this report:

Sen. Jim Bryson, the Republican challenger to Gov. Phil Bredesen, used the example of the Wilsons' death to draw differences on immigration policy between himself and Bredesen.

Bryson (R-Franklin) held a news conference with Heather Lynn Steffek, the eldest daughter of the Wilsons, who were killed this month in a head-on car wreck allegedly caused by Gustavo Reyes Garcia, an illegal immigrant.

"Part of the shock of the tragedy is learning there is simply no laws in place at the local or state level to aide deportation of a serial criminal who is an illegal alien," Steffek said. "I'm asking the governor to please support legislation that would remove criminal illegal immigrants from our midst."

From 1997 on, Metro Police have arrested Garcia 17 times, with at least 13 of those involving driving infractions and five DUIs. The Tennessee Highway Patrol stopped Garcia for speeding in 2001.

Both Bryson and Steffek said they were supportive of legislation that would give the Tennessee Highway Patrol, and local police forces, immigration enforcement authority to allow them to detain illegal immigrants and turn them over to the proper authorities to keep accidents like the Wilsons' tragedy from happening again.

"We must have a system that allows patrolmen to check an immigrant's illegal status during routine patrols and decide whether that immigrant should be held," Bryson said. Bryson voted for a bill giving the THP the authority to do that earlier this year.

Bredesen was against the bill during the legislative session and remained opposed Monday, saying he doesn't "think the THP ought to be doing the federal government's work."

"I don't want to turn the highway patrol into an arm of the Immigration and Naturalization Service," Bredesen said. "That's just trying to make political hay out of a difficult problem."

Bryson called Bredesen "irresponsible and indifferent" to dismiss the concerns of "Ms. Steffek and others in her situation with a wave of the hand that it is simply a federal issue."

Uh, governor, the name of INS was changed in 2002, it's called Immigration and Customs Enforcement ("ICE") now. Nahh, he's not indifferent.

As the City Paper notes in an editorial Tuesday, "State level politicians should realize the days of sticking their collective heads in the sand over illegal immigration is over."

The governor and his campaign should be wary of acting as if state government addressing illegal immigration is ridiculous. It is an issue that cuts across party, generational and racial lines. It is also an issue that is having a real impact here in Tennessee.

Certainly, being drunk, disorderly and dangerous is not something only an illegal immigrant can do. However, Garcia was in this country based on an illegal premise. Had he been deported as he should have been after an initial offense, perhaps the Wilsons would still be alive today. Instead, Garcia slipped through the cracks of a state court system that by law is not empowered to even show a passing interest in his illegal status. Instead, he was churned through the system and put back on the street more than a dozen times.

... State level politicians should realize the days of sticking their collective heads in the sand over illegal immigration is over. It is an issue Tennesseans of all walks of life expect them to deal with. Passing the buck to the feds won't solve problems at home. Neither will election year platitudes without legislative action to back it up.

But Bredesen has NOT deployed TNG troops to the border - he has merely announced that he has "agreed" to send a paltry number of troops (100) to the border, if they are requested. But they haven't been requested. The announcement was a campaign press release designed to give Bredesen cover against charges that he is soft on illegal immigration. As a bonus, if the troops actually are requested, Bredesen will get to make a nice campaign ad down on the Mexican border with the TNG soldiers as a backdrop.

Pinkston also said Bredesen had signed legislation into law to require companies doing business with the state to ensure their workers are here legally, though immigration control advocates say it doesn't go far enough.

Could more be done? Bredesen's office says no, it's a federal problem.

But Gustavo Reyes Garcia was a state and local problem from 1997 on. Metro Police arrested Garcia 17 times, with at least 13 of those involving driving infractions and five DUIs. The Tennessee Highway Patrol stopped Garcia for speeding in 2001.

The federal government doesn't enforce DUI and speeding laws, state and local governments do.

Remember what the courageous Heather Lynn Steffek said yesterday:

"I'm asking the governor to please support legislation that would remove criminal illegal immigrants from our midst."

Pass changes to the Tennessee criminal code that says that no illegal charged with any crime is eligible for bond, no illegal convicted of any crime is eligible for less than the maximum sentence, meaning no illegal convicted of any crime is eligible for early release, "time off for good behavior," parole or probation.

In short, change the Tennessee sentencing laws to make "illegal immigrant" status an aggravating factor that impacts bond, pre-trial detention and sentencing.

That IS within the state's purview. And the only way Gov. Bredesen could argue against it would be on the added costs for running jails and prisons. But in the current political climate the average Tennessee voter cares more about getting rid of the illegals and keeping the likes of Gustavo Garcia off the streets then they do about cost - voters tend to be willing to pay what is necessary for security.

State law also should be changed to require that illegal immigrants convicted of any crime shall be held past the end of their sentence pending deportation.

If such laws were on the books now, Gustavo Reyes Garcia likely wouldn't have been on the streets to kill the Wilsons.

Bryson needs to incorporate these simple concepts into his illegal-immigration policy proposals. Bredesen would balk, of course, because Bredesen really doesn't want to do anything about illegal immigrants except make it easier for them to get drivers licenses. But voters do.