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[Congressional Record: November 14, 2002 (Extensions)]
[Page E2017]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr14no02-80]
IN OPPOSITION TO H.R. 2155, SOBER BORDERS ACT
______
HON. BETTY McCOLLUM
of minnesota
in the house of representatives
Wednesday, November 13, 2002
Ms. McCOLLUM. Mr. Speaker, I rise today in opposition to H.R. 2155,
the Sober Borders Act.
While I support the intent of this legislation, I am concerned H.R.
2155 unnecessarily fails to balance our need for safe driving on the
borders with the interests of a safe and legal flow of people across
the borders too and from the United States.
At a time when our border patrol officers and Immigration and
Naturalization Service (INS) inspectors face heavy workloads, H.R. 2155
would impose new duties unrelated to terrorism that could potentially
overwhelm the resources and personnel available at our borders. In the
wake of the September 11th tragedies, it is important that we allow INS
agents and officials do to their jobs correctly and efficiently,
without burdening them with new responsibilities normally assigned to
state law enforcement agencies. We must be careful not to stretch the
limited resources beyond INS's immigration and anti-terrorism
functions.
I am also concerned that H.R. 2155 could be improperly used to target
persons on the basis of race, ethnicity or national origin unless
safeguards are added to prevent racial profiling. During mark-up of
H.R. 2155, a sensible amendment was offered to monitor whether law
enforcement uses their authority in a discriminatory manner to detain,
test and arrest persons suspected of driving under the influence of
drugs or alcohol. Unfortunately, this amendment was defeated and the
bill brought before the full House contained no accountability measures
to prevent racial profiling and provided no opportunity to address this
issue further.
I believe this amendment was a modest request that would have made
the underlying bill stronger. New authority (such as the new authority
granted in H.R. 2155) that creates a risk of racial profiling should be
accompanied by accountability mechanisms that measure whether profiling
has occurred. It is important that in our pursuit for greater safety we
do not violate the rights of certain individuals based merely on race,
ethnicity or national origin.
I support measures that seek to reduce drinking and driving in
America's communities and neighborhoods. But in these efforts we must
be careful not to weaken existing law enforcement functions or violate
the rights of the American people. Regrettably, H.R. 2155 does not meet
these goals.
____________________
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