Debate over illegal immigration legislation far from over

By MIKE SMITH, AP Political Writer

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By Beth Boehne

INDIANAPOLIS (AP) — Property tax relief wasn't the only weighty issue state lawmakers tackled last session, but it is one they ultimately resolved.

The other big, contentious topic — what the state should do about illegal immigration — was left twisting in a whirlwind of politics and emotion. In the end, Republicans and Democrats failed to reach a compromise on legislation addressing the issue.

Well, it's coming back. The Legislative Council — a group of lawmakers that oversees the affairs of the General Assembly — formally punted illegal immigration back into political play last week by assigning the subject to a bipartisan, interim study committee.

The hope is that the 12-member panel of legislators can examine the issue in more depth — without the partisan tensions of a session — and settle on recommendations that could be enacted into law next year.

"Let's see what is possible and what is impossible and where the line is drawn between humanity and inhumanity," said Democratic House Speaker Patrick Bauer of South Bend. "We hope that it's a study that involves facts and figures and reality, rather than finger-pointing and bashing of people who can't help themselves."

Lawmakers in many states believe immigration is a federal issue, but that the U.S. government has done an extremely poor job in enforcing customs laws. Several states have enacted their own laws designed to crack down on illegal immigration, and some lawmakers in Indiana are trying to follow their lead.

But opinions differ on what approaches to take, who should be targeted, and whether certain provisions are constitutional, encroach on prevailing federal law, are justifiable or mean-spirited.

The Republican-ruled Senate and Democrat-controlled House each passed versions of a bill earlier this year that sought to punish employers who knowingly hire illegal immigrants by revoking or suspending their licenses for repeated offenses. But the session ended without a law being enacted.

There were differences on whether local prosecutors or state administrative law judges should be in charge of enforcement. Rep. Mike Murphy, R-Indianapolis, said there were provisions in both versions that violated the U.S. Constitution.

Businesses and Hispanic groups opposed the legislation, claiming it could lead to racial profiling and unjust penalties.

The issue caused political tensions in the House last session. Republicans protested procedural moves Democrats made to prevent GOP amendments to the House Democrat version of the bill from being offered and debated.

Some Republicans wanted to prohibit state or local governments from providing illegal immigrants with public assistance, such as help in getting housing or going to college. It had exceptions for needs like emergency medical care or shelter following a disaster.

Bauer accused Republicans of trying to push mean-spirited and racist provisions aimed at illegal immigrants themselves instead of those who employ them.

Rep. Eric Turner, R-Marion, says employers have a responsibility to follow federal law by not hiring illegal immigrants. But he said he believes any state law should primarily be focused at denying public, taxpayer benefits to people who are here unlawfully.

"People are here illegally that taxpayers are funding," Turner said. "I think that's something my constituents and constituents around the state are concerned about, whether it's in state tuition or benefits through the welfare system."

Senate President Pro Tem David Long, R-Fort Wayne, said as long as the federal government is abdicating its responsibility to enforce its laws, states have to step in. He said he hoped the study committee could get a good grasp on what illegal immigration is costing Indiana government and society, among other issues.

"The bottom line is we went a long way last year in identifying some of the problems with the legislation," Long said. "It can't be a complete answer. We can only do limited things."

Determining what those limits are, and how they should be implemented, likely will prove a complicated homework assignment for the study committee.

___

EDITORS: Mike Smith has covered Indiana's Statehouse and political scene since 1993.

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