Nun takes issue with Beck’s illegal immigrant plans
By HEATHER RUTZ
419-993-2094
10/05/2005
hrutz@limanews.com
LIMA — A Toledo Diocese nun is challenging Sheriff Dan Beck’s authority to root out illegal immigrants by working with businesses to identify fake documents.
Sister Mary Jo Toll told the Allen County Clergy Fellowship Wednesday that immigration law gives no authority to local law enforcement officers to investigate immigration issues unless they are already investigating a specific crime.
“Local police or deputies are not authorized to look for undocumented immigrants unless they are wanted for a crime,” Toll said. “The law has so many nuances, if they’re not trained in it, they’re not competent to do that.”
Information from the U.S. Immigration and Customs Enforcement Office of the Homeland Security Department supports Toll’s assertions.
“We are the agency charged with investigating immigration law in the interior of the United States,” said Mike Gilhooly, a spokesman for Immigration and Customs Enforcement.
Gilhooly would not comment on Beck’s plans, but said local police can partner with the federal office to assist ICE, but they must sign a memorandum of understanding and train for five weeks. ICE currently has two memorandums, with the state police in Alabama and Florida.
Beck said Toll is correct, up to a point.
If a business suspects an illegal immigrant and there is reason to suspect that person has presented false documents, Beck has a felony to investigate, he said.
“Will these people help me out. Which group is it that I’m supposed to ignore? Which law is it I’m not supposed to enforce?” Beck asked. “No one is immune from the law. I can’t pick and chose.”
Local clergy invited Toll, a nun with the Catholic Diocese of Toledo and director of its Immigrant and Migrant Ministry, to speak after Beck announced plans to form a work group to address a potential crime problem that would come with an increasing Hispanic population in Allen County.
Toll said companies would open themselves up to lawsuits by breaking federal anti-discrimination laws if they investigated one group of workers more than others.
Beck received a letter a month ago from a Mexican Consulate official warning him against profiling.
Beck has said he doesn’t believe, or doesn’t mean, that the whole community is bad. But, some of the local clergy who discussed the issue Wednesday said that’s the impression given.
“Rather than developing a welcoming community who can benefit from the gifts of these people, it’s creating racism and stereotyping,” said the Rev. Dave Harris, pastor at Trinity United Methodist Church. “It just creates the same tensions we already have between whites and blacks.”
Later, Harris challenged his peers.
“Friends, I think we need to take a primary role in informing this community about the issue and building bridges, because nobody else is going to do it.”
Toll and Harris suggested three or four members of the clergy group become educated about immigration issues so that they can talk with Beck and others in the community about their concerns.
***** My commentary- Actually federal case law supports the states enforcing any federal laws and even specifically addressed immigration laws. Some interesting reading: http://www.cis.org/articles/2004/back604.html


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