OLIVEIRA AT HIS FINEST: DRIVING WHILE MEXICAN

By Juan Montoya

By coincidence I was watching the Texas News Channel on Friday when I saw coverage of the Texas Legislature while they debated the passage of a bill sponsored by Rep. Burt Solomons, R-Carrollton that would prohibit cities across the state from enacting policies making them so-called Sanctuary Cities.
The bill was killed Friday night on a technicality, a Point of Order, which means some House rule was not followed properly as the bill went through the committee process. The bill now heads back the State Affairs committee to be cleaned up.
In a heated debate, countless representatives argued for and against the passage of the bill.
Proponents hope to have it back in the House floor by Monday. Republicans have said passing this bill is a priority for the House.
The original bill (HB 12) allowed school district employees to inquire about the immigration status of students, leading Democrats to question how the policy would affect education. According to the state and federal constitutions, schools must educate students regardless of their status. The modified bill excludes school district, charter school and junior college employees except for campus police. state Rep. Veronica Gonzales, D-McAllen, said that provision could still lead to higher rates of truancy.
Solomons says other points of contention could be cleared up with amendments as well. One would try to alleviate racial profiling concerns by prohibiting law enforcement from considering race while enforcing this bill.
HB 12 would also prohibit cities, counties and other governmental entities or special districts from adopting a policy that prevents law enforcement from asking persons lawfully detained or arrested if they are in the country legally.
Governmental entities would also be prohibited from enacting policies prohibiting law enforcement from cooperating with federal immigration officers or prohibiting federal immigration officers from conducting enforcement activities at municipal and county jails. Entities not in compliance could risk losing state funds.
Democrats know they don’t have the votes to stop the bill, so they'll try instead to convince lawmakers of its burdensome fiscal impact on local governments. The Texas Tribune quoted Democrats hoping that the GOP mantra of “no unfunded mandates” will resonate enough to work in their favor.
The Texas Municipal League cites costs to larger cities that would be forced to expand jail space and personnel. The City of Houston Police Department, for example, could be forced to spend more than $4 million on 58 new personnel, including officers and guards and expanded jail space. Those costs are one reason that a majority of big-city police chiefs and county sheriffs oppose the bill.
Solomons has been steadfast in his belief that the bill doesn’t require law enforcement to do anything — that it only gives them the option to ask about immigration, which falls in line with what Gov. Rick Perry has said he wants since declaring the item an emergency.
“This bill could actually negatively impact U.S. citizens. If a non-U.S. citizen witnesses a crime that affects the U.S. citizen, the witness may very well hesitate to call the police or report their observations,” said Arlington Police Chief Jennifer White.
Still, immigrants rights groups and other opponents of the bill say the measure will ultimately lead to racial profiling, to the bullying U.S. citizens who are minorities based on their appearance. “It’s going to cost the state in ways we never imagined," Gonzales said. "There will be unintended consequences in this bill."
But it was Oliveira, debating directly with Solomons who scored points with me.
"We already have Driving While Black," he said citing his fears that the law will lead to racial profiling. "Now we're going to have Driving While Mexican."
This blog has had its differences with Oliveira in the past and wil probably have differences with him in the future. But in this case, with the constitutional rights of U.S. citizens left to the discretion of a policeman, we agree with him on the issue.