California Border Police Initiative
Encyclopedia
The California Border Police Initiative was a proposed state ballot initiative
seeking to amend the California Constitution
to create a new state law enforcement agency called the "California Border Police." Proponents of the initiative failed in their effort to gather enough signatures to get it on the June 2006 statewide ballot.http://www.pe.com/localnews/inland/stories/PE_News_Local_D_border10.22b3f443.html
Backers described the proposal as necessary to assist the U.S. Border Patrol's enforcement of federal immigration laws. However, opponents pointed out that the proposed state immigration police force would not be limited to the international border area, but rather have a much broader charge of enforcing federal immigration laws throughout the state.http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/aca_20_cfa_20050701_151400_asm_comm.html
Since federal immigration law enforcement has traditionally been the exclusive province of the federal government, there is considerable dispute regarding the constitutionality of civil immigration law enforcement by state and local authorities.http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/aca_20_cfa_20050701_151400_asm_comm.htmlhttp://www.aclu.org/ImmigrantsRights/ImmigrantsRights.cfm?ID=19048&c=22 The measure was sure to have faced legal challenges if approved by voters in California.
Before proponents failed to get it on the state ballot, the measure faltered in the Assembly Judiciary Committee of the California State Legislature
when first introduced by Assembly Member Ray Haynes
(R-Murrieta).http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/aca_20_bill_20050712_status.html They then introduced it as an initiative proposal and had until December 12, 2005 to collect approximately 600,000 valid signatures of registered California voters in order to qualify the measure for the ballot.http://www.ss.ca.gov/elections/elections_j.htm#1142
Proponents of the measure projected annual costs of up to $300 million dollars for the new law enforcement department.http://www.nctimes.com/articles/2005/09/05/news/californian/9405183435.txt The proposal did not make a funding allocation, but did authorize the Governor to use emergency powers to reallocate funding appropriated for other purposes in the annual state budget. It also called on the state to seek federal reimbursement for costs to the state in enforcing federal immigration laws.http://www.ss.ca.gov/elections/elections_j.htm#1142 To date, the federal administration has not indicated whether or not it supports the aims of this proposal, or whether a federal appropriation would have been made if the measure was approved by California voters.
Proponents of the measure argued that the initiative was necessary to address the rate of illegal immigration
to California and its strain on state resources. The Pew Hispanic Center estimates 10,400,000 illegal immigrants reside in the United States
, and somewhere between 2 and 3 million are estimated to live and work in California.http://pewhispanic.org/files/reports/44.pdf
Opponents of the proposal said that the state immigration police force would disrupt and interfere with the jurisdictions of local police departments around the state. They argued that the initiative would therefore undermine the ability of local police departments to protect the public if immigrant communities, especially domestic violence
victims, fear reporting crimes because of potential immigration law consequences. They also argued that a state immigration police force would invite racial profiling.http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/aca_20_cfa_20050701_151400_asm_comm.html
The chairman of the "California Border Police Committee," the official entity responsible for raising funds and making expenditures on behalf of the proposed initiative, was Assembly Member Haynes. The predecessor to the committee is Rescue California
, the leading signature-gathering group for the 2003 California Recall of former Governor Gray Davis
.
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
seeking to amend the California Constitution
California Constitution
The document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which...
to create a new state law enforcement agency called the "California Border Police." Proponents of the initiative failed in their effort to gather enough signatures to get it on the June 2006 statewide ballot.http://www.pe.com/localnews/inland/stories/PE_News_Local_D_border10.22b3f443.html
Backers described the proposal as necessary to assist the U.S. Border Patrol's enforcement of federal immigration laws. However, opponents pointed out that the proposed state immigration police force would not be limited to the international border area, but rather have a much broader charge of enforcing federal immigration laws throughout the state.http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/aca_20_cfa_20050701_151400_asm_comm.html
Since federal immigration law enforcement has traditionally been the exclusive province of the federal government, there is considerable dispute regarding the constitutionality of civil immigration law enforcement by state and local authorities.http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/aca_20_cfa_20050701_151400_asm_comm.htmlhttp://www.aclu.org/ImmigrantsRights/ImmigrantsRights.cfm?ID=19048&c=22 The measure was sure to have faced legal challenges if approved by voters in California.
Before proponents failed to get it on the state ballot, the measure faltered in the Assembly Judiciary Committee of the California State Legislature
California State Legislature
The California State Legislature is the state legislature of the U.S. state of California. It is a bicameral body consisting of the lower house, the California State Assembly, with 80 members, and the upper house, the California State Senate, with 40 members...
when first introduced by Assembly Member Ray Haynes
Ray Haynes
Raymond Neal Haynes, Jr. is a Republican politician from the state of California.After Haynes graduated from University of Southern California Law School, he moved to Moreno Valley and practiced law in Riverside. He started a solo law practice in 1988.Haynes was first elected to the California...
(R-Murrieta).http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/aca_20_bill_20050712_status.html They then introduced it as an initiative proposal and had until December 12, 2005 to collect approximately 600,000 valid signatures of registered California voters in order to qualify the measure for the ballot.http://www.ss.ca.gov/elections/elections_j.htm#1142
Proponents of the measure projected annual costs of up to $300 million dollars for the new law enforcement department.http://www.nctimes.com/articles/2005/09/05/news/californian/9405183435.txt The proposal did not make a funding allocation, but did authorize the Governor to use emergency powers to reallocate funding appropriated for other purposes in the annual state budget. It also called on the state to seek federal reimbursement for costs to the state in enforcing federal immigration laws.http://www.ss.ca.gov/elections/elections_j.htm#1142 To date, the federal administration has not indicated whether or not it supports the aims of this proposal, or whether a federal appropriation would have been made if the measure was approved by California voters.
Proponents of the measure argued that the initiative was necessary to address the rate of illegal immigration
Illegal immigration
Illegal immigration is the migration into a nation in violation of the immigration laws of that jurisdiction. Illegal immigration raises many political, economical and social issues and has become a source of major controversy in developed countries and the more successful developing countries.In...
to California and its strain on state resources. The Pew Hispanic Center estimates 10,400,000 illegal immigrants reside in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, and somewhere between 2 and 3 million are estimated to live and work in California.http://pewhispanic.org/files/reports/44.pdf
Opponents of the proposal said that the state immigration police force would disrupt and interfere with the jurisdictions of local police departments around the state. They argued that the initiative would therefore undermine the ability of local police departments to protect the public if immigrant communities, especially domestic violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
victims, fear reporting crimes because of potential immigration law consequences. They also argued that a state immigration police force would invite racial profiling.http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/aca_20_cfa_20050701_151400_asm_comm.html
The chairman of the "California Border Police Committee," the official entity responsible for raising funds and making expenditures on behalf of the proposed initiative, was Assembly Member Haynes. The predecessor to the committee is Rescue California
Rescue California
Rescue California was the political committee that orchestrated the 2003 recall election of California Governor Gray Davis. It was primarily funded by Congressman Darrell Issa ....
, the leading signature-gathering group for the 2003 California Recall of former Governor Gray Davis
Gray Davis
Joseph Graham "Gray" Davis, Jr. is an American Democratic politician who served as California's 37th Governor from 1999 until being recalled in 2003...
.
External links
- Text of proposed initiative as posted on California Attorney General's website
- Official title and summary of proposed initiative as posted on California Secretary of State's website
- California State Assembly Judiciary Committee analysis of proposed initiative
- California Border Police Committee
- ACLU legal analysis regarding federal immigration law enforcement by local and state authorities
- Additional information on initiative process relating to this initiative