The Curious Case of Texas Politician Leo Berman (R-Tyler)
This week Texas State Representative Leo Berman (R-Tyler) made the news by getting in a shouting match with an immigration attorney over Mr. Berman’s proposed legislation to create ” sanctuary cities” in Texas. Texas House Bill 254 will “restrict” illegal immigrants to certain geographic areas within the state of Texas as enforced by the Texas Department of Public Safety. An”Illegal immigrant” means an individual who is not a citizen or a national of the United States and who has entered the United States without inspection and authorization by an immigration officer. A”Sanctuary city” means a municipality that adopts a resolution declaring that the municipality does not discriminate or deny municipal services on the basis of a person ’s immigration status and that all persons are treated equally regardless of immigration status. All illegal immigrants residing in this state shall reside in a sanctuary city. The bill is scheduled to be heard before the State Affairs Committee.
Representative Berman has acquired quite a reputation serving in government with a history of authoring eight bills aimed at illegal immigrants, including provisions to challenge birthright citizenship, bar illegal immigrants from public universities and tax money orders sent between Texas and Mexico. He told his home town newspaper, The Tyler Morning Telegraph, his agenda is
- Penalties for businesses that knowingly employ illegal immigrants.
- A challenge to the concept of “birthright citizenship” for the children of illegal immigrants born in the United States.
- Ending all public assistance benefits for illegal immigrants.
- Empowering state and local police to enforce federal immigration laws.
- Taxing the $6 billion per year sent to Mexico from Texas by illegal immigrants, and setting that money aside for indigent health care.
- Preventing illegal immigrants from filing lawsuits.
- Making English the official language of Texas.
- Requiring photo IDs for voting.
In the late 1970’s and 80’s American Churches began a movement to protect Central Americans who were fleeing death squads in their native countries. Those who advocate for sanctuaries give several justifications. In cities with large populations of immigrants either legal or not they contend that making local law enforcement the active enforcers of immigration law will deter the population from reporting crime and cause them to live in an underworld to the detriment of the whole of the community. Immigration agents have the power to detain and question not only illegal aliens but also legal residents or citizens who they suspect of aiding illegal immigration. Extending this power to local police could allow warrantless searches and detentions. Some cities, like Ann Arbor, Michigan have had confrontations between immigration officers and police develop because immigration raids wantonly destroyed private property and have caused injury to innocent bystanders.
Critics of the sanctuary movement point to the real problem of growing violence and crime being committed by illegal alien gang members whose presence they claim is encouraged by sanctuary cities. However, as we reported earlier this year there is a program called SCAAP (State Criminal Alien Assistance Program) from the Federal government to assist state and local governments which was spending about 287 million dollars a year as recently as 2004. SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens who have at least one felony or two misdemeanor convictions for violations of state or local law, and who are incarcerated for at least 4 consecutive days during the reporting period. Note that the alien must be convicted for the Federal authorities to act. If police arrest an “illegal alien” there is no reimbursement for the local jail until he is convicted. Already crowded jails could be overrun. Many policemen will tell you that immigration authorities often do not respond to local law enforcement information about those arrested because frankly there is no housing available for them.
Many of Representative Berman’s Republican colleagues have not supported his measures, in fact, they have often blocked them early on at the committee level. Anti-immigration zealots have generally not supported sanctuary city initiatives and usually vigorously oppose them. What is motivating Berman who appears also to be in the running for the governor? Texas has three sanctuary cities, Houston,Austin, and Katy. Is he trying to create divisive politics within the state? Is he proposing Houston and Austin be fenced off like the Jewish ghetto’s of Poland were during the 1930s? Will the agency Texans call the “DPS” now become the new Gestapo?
Immigration is a serious issue that requires deliberate and informed discussion not bedlam. Texas is leading the nation in employment and economic output because of our belief in freedom and individual liberty. Those like Representative Leo Berman who countenance an Orwellian police state are betraying the core of conservative belief.
Tony Magaña grew up in McAllen Texas, attended Texas A&M University, served as an officer in Army Reserve, and holds a doctorate from Harvard University. The co-founder of Contempo Magazine has participated in Valley business for over 20 years.He is a member of the National Association of Hispanic Journalists.
