Trooper training approved

State Senate passes bill to teach law enforcement about immigration statutes

By TOM HUMPHREY, KnoxNews
April 4, 2006

NASHVILLE - Tennessee Highway Patrol troopers would be trained in federal immigration laws and would begin enforcing them under legislation approved Monday night by the state Senate.

The bill is the first to reach a floor vote among several measures aimed at dealing with illegal immigrants at the state level. Committee votes are scheduled this week in both the House and Senate on a bill that would declare it a state felony to "knowingly" hire an illegal immigrant.

Sen. Mark Norris, R-Collierville, sponsored the bill that mandates the state Department of Safety enter into an agreement with the U.S. Department of Homeland Security for training troopers in federal immigration and customs laws.

Several Democratic senators criticized the proposal during an extended debate, but none wound up voting against it. Ten Democrats, however, did not vote either for or against the bill.

The bill passed with 23 yes votes, all 18 Republican senators and five Democrats.

It now goes to an uncertain fate in the House. Gov. Phil Bredesen also has voiced misgivings about the bill.

Norris said federal funding is available to cover the cost of training for Highway Patrol officers and estimated about 30 would be trained and certified by next year. He said there are now legal questions over whether state officers without federal certification can make valid arrests of illegal immigrants, and passage of the law would remedy that problem.

Sen. Douglas Henry, D-Nashville, said the proposed new law is "about as vague a criminal statute as I've ever seen" with "blanket authority" given to troopers. He said he envisioned situations of a trooper saying, "Hey, you look like an Arab. Let's pull him over."

Norris said that, the way things stand now, state troopers who suspect an illegal immigrant of wrongdoing often take the attitude, "You ain't from around here, are you? Well, guess you better move on along."

Sen. Tommy Kilby, D-Wartburg, asked that Norris consider delaying the effective date of the new law, now set for July 1, for another year to let the department prepare. Kilby also noted that Congress is debating new immigration laws and said the state should await developments at the federal level to avoid "getting the cart before the horse."

Norris said that, as a practical matter, it would be next year anyway before the troopers are trained and in place. He said the Department of Safety has neglected to take advantage of a federal law allowing state officers to be trained in immigration enforcement for three years.

He said that department officials had blamed a shortage of manpower, but it turns out troopers were being used for "rather frivolous endeavors" such as "going to fish fries," a reference to troopers providing security at a legislative "fish fry" party, and "watching people's children."

Other Democrats questioned whether illegal immigrants arrested would crowd local jails at Tennessee taxpayer expense, something they said is already becoming a problem because federal officials decline to take custody of such persons.

Norris and other Republicans said other states, including Alabama and Florida, have successfully used the federal training to capture many serious criminals.

Bredesen said last week he did not think it appropriate for the state to be "spending a lot of money having the Highway Patrol expanded to go out and look for illegal immigrants."