Good morning Mr. Chairman and members, my name is Andrew Rivas and I am the executive director of the Texas Catholic Conference. The TCC is the statewide association of the 15 Roman Catholic dioceses in our state and it is our responsibility to advocate for the public policy positions of all of the active Bishops of Texas.

First, let me begin by thanking you Mr. Chairman, and the committee, for allowing me to testify today on House Bill 12. The TCC opposes this bill because HB 12 would prohibit a municipality from adopting a policy that prohibits employees from inquiring about the immigration status of a person lawfully detained or arrested. The TCC believes it is not the role of local government to evaluate the immigration status of individuals, and because local governments should not be prohibited from adopting policies that ensure that the civil and constitutional rights of Texas residents are protected.

The men and women of law enforcement agencies charged with maintaining the United States-Mexico border have very difficult jobs that require many hours of training. The TCC believes that it would be bad policy to require local law enforcement personnel to take on the duties of federal officials without the same training. Governor Rick Perry, in an April, 2010 statement on immigration and border security, stated “some aspects of the law turn law enforcement officers into immigration officials by requiring them to determine immigration status during any lawful contact with a suspected alien, taking them away from their existing law enforcement duties, which are critical to keeping citizens safe.” It is clear that a broad group of diverse perspectives agree that law enforcement must not be required or responsible for enforcing immigration law.

The U.S. Conference of Bishops has articulated important principles when considering immigration enforcement measures. Any such measures should be:

1. TARGETED. U.S. enforcement resources should be focused to ensure that those who are dangerous are more easily identified and apprehended. Enforcement policies should be tailored and not overly broad so that the basic rights of all immigrants are not abridged. Ethnic or racial profiling should be avoided. Improvements in intelligence and information sharing and technological improvements in border security would help ensure that those who are most dangerous—smugglers, human traffickers, and terrorists—are intercepted.
2. PROPORTIONAL. Enforcement of immigration laws should not feature unnecessary penalties or unnecessary force. Immigration control officers and border patrol agents should receive intensive training on appropriate enforcement tactics and the appropriate use of force. Border enforcement policies should not drive migrants into more remote regions of the desert, risking their lives. State and local law enforcement should not be authorized to enforce immigration laws.
3. HUMANE. In any enforcement action, the human rights and dignity of the person should be preserved and respected to the greatest extent possible. Families should not be divided and should receive special consideration. Undocumented immigrants should not be detained for lengthy periods of time or intermingled with violent offenders. Asylum-seekers should receive appropriate screening by a qualified adjudicator. Children should be accommodated within a child welfare context.