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New efforts against immigrants pending
August 21, 2008

Some Texas lawmakers could launch a new effort to crack down on unauthorized immigrants by punishing businesses that employ them or cities that give them sanctuary, if the ideas get the legal go-ahead from Attorney General Greg Abbott.

Written by Peggy Fikac, The San Antonio Express-News

AUSTIN — Some Texas lawmakers could launch a new effort to crack down on unauthorized immigrants by punishing businesses that employ them or cities that give them sanctuary, if the ideas get the legal go-ahead from Attorney General Greg Abbott.

“I would move forward on legislation to end sanctuary-city policies” if Abbott says such a move would be legal, said Sen. Dan Patrick, R-Houston.

With regard to employers, Patrick said Wednesday, “If we get a green light, my focus will be on those employers who are paying illegals under the table with cash and not paying any taxes, and creating an unfair business environment for other businesses.”

Patrick and Rep. Frank Corte, R-San Antonio, asked Abbott for his legal opinion with an eye to the legislative session that begins in January. Unlike Patrick, Corte said he hadn't made a decision yet about pursuing legislation, but he said the immigration issue is front and center for his constituents.

The idea can spark fiery debate in a state where many are immigrants or have immigrant relatives, and where many voice concern about the effects of illegal immigration — and, conversely, the effects of policies to fight it — on the economy and elsewhere in society.

“The only thing I can say is, Pete Wilson is the best thing that happened to the California Democratic Party. Go for it, baby,” said Sen. Leticia Van de Putte of San Antonio, Senate Democratic Caucus chairwoman, citing the former California GOP governor who sought to deny most services to unauthorized immigrants.

“The more mean-spirited they get, the more mainstream Texans realize that those types of policies aren't in the best interest of our state, and they certainly aren't in the best interest of our families,” she said.

The question posed by Corte and Patrick on businesses was about the constitutionality of suspending or revoking business licenses of those who employ unauthorized immigrants. They cited an Arizona law that does so.

Citing an Oklahoma law barring sanctuary cities, they asked whether Texas lawmakers have authority to deter local governments from policies “which would hinder state enforcement of the federal immigration laws.”

Patrick didn't offer specifics of repercussions cities might face, but he acknowledged that “one option” would be a loss of funding.

Bill Hammond of the Texas Association of Business said his group opposes the idea of the state revoking businesses' licenses for immigration offenses “primarily because we believe this is a federal issue that needs a federal solution.”

Van de Putte said revoking businesses' licenses would have the potential for ensnaring well-meaning employers confronted with false documents or a faulty database. She said locally elected officials are entrusted with setting local policies.

The GOP lawmakers went to Abbott first because numerous immigration measures died in last year's legislative session after Rep. David Swinford, R-Dumas, House State Affairs Committee chairman, said Abbott's office had told him they would violate either the state or federal constitutions or laws.

“We do get a lot of constituencies ... concerned about illegal immigration in regards that it's impacting our communities from a tax-dollar standpoint, and our education systems, our health care systems,” Corte said.

The definition of sanctuary city is imprecise. Police departments may set policies focused on what officials see as their primary responsibilities.

Sgt. Gabe Trevino, San Antonio Police Department spokesman, said officers don't actively look for unauthorized immigrants or ask people their status at, for example, routine traffic stops. If officers were to find unauthorized immigrants being transported en masse, however, they would contact immigration officials, Trevino said.

He said he has never heard of San Antonio being referred to as a sanctuary city, and Corte didn't suggest his measure was aimed at his home city.

Abbott's opinion is due by early February.

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