‘Foreign Felons’ Plan Targets Illegal Migrants

Seeking to create more jail space in California prisons, Lt. Gov. Leo McCarthy outlined proposed legislation Saturday that would require the deportation of illegal immigrants convicted of felonies.

At a morning news conference outside the San Diego County Courthouse, McCarthy, a candidate for U.S. Senate, said some 15,000 “foreign felons” are crowding the state prison system and costing California $300 million a year.

“We think that $300 million could be used to make college more affordable in this state, to put more teachers into classrooms and to do important things Californians need to get things done,” he said.

The Foreign Felon Deportation Act of 1992, as it is being called, would require that the state Department of Corrections and state court officials refer all undocumented criminals convicted of felonies to the U.S. Immigration and Naturalization Service for deportation.

Under existing law, there is no such requirement.

It would then be up to federal officials to either transfer the criminals to federal prisons or to be incarcerated in the countries of their origin.

State prisoners must now consent to serving terms in federal prisons. If the legislation becomes law, state correctional officials will be permitted to transfer the prisoners against their will.

The legislation further stipulates that those who have served time in state prisons would be guilty of a felony if they come back into the state after they are released. One of four who serves time in a state prison returns to California, McCarthy said.

The bill is co-authored by Sen. Ruben Ayala (D-Chino) and Assemblyman Tom Umberg (D-Garden Grove.) McCarthy, also a Democrat, is running for the U.S. Senate seat being vacated by Alan Cranston.

McCarthy acknowledged that state prison officials have been overwhelmed with a booming population that has more than quadrupled to 100,000 inmates from a decade ago and perhaps have not had a chance to hunt for illegal immigrants.

Federal officials have had their hands full too, he said, and may at first ignore California’s request to pluck foreign prisoners from state facilities, but they will eventually be compelled to comply.

“We are going to seek the help of all 54 members of the California Congressional delegation and we think we are going to be successful,” he said. “The federal government can’t brush this off. The voters will be so angry against the President and members of Congress if they don’t live up to their responsibility.”

While the legislation is a good idea, San Diego migrant advocate Martin Eder says, it might tend to exacerbate fears against all immigrants, not just those convicted of serious crimes.

“There is a bias or sense by a good portion of the general public that undocumented workers are coming her to commit crimes,” he said. “But a lot of immigrant workers are here for noble reasons also. Most are here to feed and sustain their families.”

Whether McCarthy is serious about attacking the problem is hard to determine, Eder said, because he is running for higher office.

“A lot of the talk about cracking down on illegals are ploys for the candidate rather than genuine attempts at creating solutions,” Eder said. “Some politicians seem to play on some of the most backward sentiments in the community on undocumented workers.”

Gov. Pete Wilson vetoed a similar bill on advice of the state Board of Corrections, saying that he could accomplish the same goal by executive order. McCarthy said the new proposed legislation is even stronger than the bill Wilson vetoed and contains many provisions that cannot be required with such an order.

Four of five illegal immigrants convicted of felonies in California are Latino, McCarthy said, and the balance are either from Canada or other countries.

Because all undocumented felons are being targeted, he said, it “reduces the risk that racial stereotyping will be used.”

The proposal was inspired by Orange County Superior Court Judge David O. Carter, who has caused controversy by allowing INS agents into his courtroom to interview those about to sentenced to determine if they are in the country illegally.

Critics of Carter say his action is abusive and that he is misusing state resources for a federal purpose.