Louisiana’s border wars

Louisiana’s border wars

Monday, May 5, 2008

At times the legislation reads like a Philip K. Dick novel, with themes of authoritarianism and a subsequent look into a major issue of the day. But for Assumption Parish Rep. Joe Harrison, a freshman Republican, the future is now. That’s why he wants the state to institute electronically scanned biometric cards for illegal immigrants working in Louisiana. The cards, already in use by other states, have been the source of fiery congressional debates and truly represent a technological marvel.

If you follow the logic of Harrison’s proposed bill, an employer would be able to swipe an illegal immigrant’s card and know instantly whether they’re allowed to work. Louisiana law already allows a few exceptions for unauthorized foreigners; they can take on gigs that few others want, such as jobs related to agriculture, forestry, horticultural, animal husbandry and livestock. Harrison’s bill would also allow the cards to hold other information—fingerprints, country of origin, physical attributes and more.

But primarily, Harrison says Louisiana needs biometric cards because they could serve as a roadblock to new and reemerging diseases that have been linked with the flow of illegal immigrants. “We’ve already experienced a resurgence of tuberculosis from South America, and it has been a tremendous drain on our resources and medical community,” he says. “This proposed system would likewise serve as a screening for these diseases.”

While Congress is constantly chipping away at the issue of illegal immigration, the topic has long been a novelty for the Louisiana Legislature—that is, until this recent session. It’s become a difficult subject to ignore, lawmakers say, especially during these post-Katrina times when construction is on an upswing around the state and cheap labor is being topped with hard hats.

But the policy trend isn’t confined to labor. Rep. Cedric Richmond, a Crescent City Democrat, wants local courts or municipalities to pick up the cost for providing court interpreters for non-English-speaking persons in criminal cases.

And then there’s GOP Rep. Brett Geymann of Lake Charles, who finds himself in the precarious situation of facing off against the state’s Roman Catholic bishops. Geymann is pushing a set of bills that would criminalize the act of harboring of illegal immigrants, whether the violator knows it or not, and require law enforcement to determine citizenship or immigration status at the time of booking. Penalties reach up to a year in prison and $1,000 in fines. Similar laws are already on the books in Arizona, Colorado, Georgia and Oklahoma.

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Danny Loar, a lobbyist for the Catholic bishops, quoted scripture and referred to Jesus’ treatment of minorities when the legislation was heard by the House Criminal Justice Committee. Since Catholic charities offer job development, family crisis intervention and legal assistance to aliens, he says a priest could theoretically end up behind bars by fulfilling his mission. “The church has a long history of working with immigrants, legal and illegal. We don’t ask,” Loar says. “We’re here to help the poor.”

Coastal lawmakers also expressed concerns that shipbuilders, ports and contractors that employ illegal aliens with the proper paperwork, and transport them to their jobs, could find themselves in violation of the law if the paperwork is in the process of being renewed. It’s a gray area Geymann acknowledges, which is why he has amended his legislation to exempt charitable and religious organizations.

The initial committee hearing did not go well, and ended with Geymann temporarily shelving all of his bills until a compromise was brokered. They are now moving to the House floor for further debate. Harrison’s measure for biometric cards met the same fate on two different occasions, but his efforts might be stalled for good. Like Geymann’s bill, opponents voiced constitutional concerns and questioned whether the feds should be taking up the issue, not the state.

But more than anything else, money is at the top of the list of worries. Before the House Labor Committee temporarily shelved his bill for the second time toward the end of April, Harrison urged lawmakers to consider his proposal as part of Gov. Bobby Jindal’s ongoing push to revamp the Department of Labor. Agency bureaucrats, however, were chilly to the notion. Deputy Labor Secretary Tia Edwards says the biometric card system could cost the department, which would be charged with promulgating rules and overseeing the process, as much as $129,000 annually. “We do have some concerns,” she says.

An economic forecast prepared by the Legislative Fiscal Office put up a similar number, estimating 2,500 cards would need to be produced—at a cost of $125,000. That figure, though, doesn’t take into account the additional manpower and positions the department would need, meaning two additional staffers, overtime pay for lawyers and equipment. In short, Harrison’s bill has a tough journey ahead, but it’s still playing a huge role in an overall trend.

Despite hefty constitutional concerns, Louisiana isn’t the only state taking a swing at sovereignty issues right now. According to the National Conference of State Legislatures, more than 1,100 immigration-related bills were introduced in 44 state legislatures during the first quarter of this year. A NCSL report found that the top three issues were law enforcement, employment and driver’s licenses or other identification.

Not surprisingly, it may all be happening because of polling numbers and the public’s demand for action. “The number of immigration-related measures demonstrates states’ willingness to respond to the public’s concerns in a time when Congress won’t,” the NCSL report says.

While the issue prompts questions about everything from labor to religion to constitutional rights, it also stirs a nationalistic feeling on both sides. That’s why Harrison and others say they’re finally stepping up to fill a void left by Congress. To them, it’s about protecting the homeland, even though to others it’s an issue of opportunity. “All I’m doing is trying to protect the sovereignty of this state,” Harrison says. “Things are getting way out of hand and it’s time that we stand up and do something about it.”


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