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Groups oppose trespassing bill
By J ames Mayse, Messenger-Inquirer
Published: Saturday, J anuary 15, 2011 12:10 AM CST
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Local groups that work with Hispanics have asked Daviess County Sheriff Keith Cain, Owensboro Police
Department Chief Glenn Skeens and other elected officials to oppose legislation that would make it a crime
for undocumented people to be in Kentucky.
The state Senate approved Senate Bill 6 last week, and the bill now goes to the House for discussion.
The bill, if approved by the House and signed into law, would create a criminal trespassing charge for any
“unauthorized alien" caught "on any public or private land in this state." A person caught under the law
would be charged with a class A misdemeanor but the charge would be raised to a class D felony if the
person is caught with controlled substances, a deadly weapon or "property that is being used for the
purpose of committing an act of international terrorism or domestic terrorism."
The charge would rise to the level of a class C felony if the person is being apprehended for the second time
or has been deported within the past two months before being arrested in Kentucky. The bill would allow law
enforcement officers with a "reasonable suspicion" that a person is in the state illegally to "determine the
status of the individual."
Finally, the bill would create felony charges for smuggling, if a person is transporting an undocumented alien
"for remuneration."
The local groups' Jan. 10 letter was sent to Skeens, Cain, Owensboro Mayor Ron Payne, Daviess County
Judge-Executive Al Mattingly Jr. and Kentucky State Police Commissioner Rodney Brewer. The letter was
signed by representatives of the Catholic Diocese of Owensboro, the Owensboro AIDS Task Force, the
Hispanic Alliance of Greater Owensboro, pastors from Sts. Joseph & Paul Catholic Church and Bellevue
Baptist Church, a Brescia University professor of Spanish and the coordinator of the Owensboro Immigration
Clinic.
"We have been concerned that local law enforcement is beginning to have a reputation among Hispanic as
racially profiling, discriminating and untrustworthy," the letter said. "We recognized part of the sense of
distrust comes from the pressure being put on local and state authorities to act as an arm of federal
government by enforcing immigration policy.
"If Senate Bill 6 passes into law, it would basically cement in the minds of our local Hispanics and other
immigrants across the state that they cannot trust the police," the letter says. "Individuals will be forced
even further underground, making out entire community less secure."
Patti Gutierrez, justice for immigrants coordinator for the Diocese of Owensboro, was one of the signers of
the letter.
"The state can't solve the problem of illegal immigration, and this is their attempt," Gutierrez said. "We
don't support the idea of the state trying to make their own immigration laws."
The law is written in such a way that Hispanics and other immigrants will be afraid to call the police even
when they need help, Gutierrez said.
"If 1 called the police because my house was on fire .. (the officer) could ask me about my immigration
status," Gutierrez said. "If a domestic violence victim is being beaten, she'd think twice about calling the
police."
Sister Fran Wilhelm, director of Centro Latino, also signed the letter. Sister Fran said she believes there has
been an increase in Hispanics being stopped by law enforcement.
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Print Version > Groups oppose trespassing bill http://w ww.messenger-inquirer.com/articles/2011/01/15/news/local/186...
"People are being stopped a whole lot more, and the police are being called if (Hispanics) apply for work and
present false papers," Sister Fran said. "What they're doing is wrong (when they use false papers) , but
there isn't anything in place where they can get work" if they don't have legal paperwork, Sister Fran said.
“What we're most concerned about is the need for treating Hispanics and all immigrants with more dignity,"
Sister Fran said.
The bill would "make it a crime to even be in Kentucky without papers. That would give law officials the
right to stop anybody that looks foreign and ask them for their papers," Sister Fran said. "It's already
causing an atmosphere of fear. ... They're not going to be able to live their lives tranquilly and take their
children to school and live a normal life because of the fear."
"Some already feel they are stopped more frequently," Gutierrez said.
Cain and Skeens said their agencies work to treat all people they encounter equally.
Skeens said OPD has "responded to all members of our community with dedication and commitment."
In Owensboro, "we have not seen an increase in crime committed by the Hispanic population," Skeens said.
"The language barrier is a (problem) at times ... but | am not aware of any case where we've received
complaints about an officer's conduct (toward) the Hispanic population."
Cain said, "We have a position of taking zero tolerance to racial profiling or anything of a racial or
discriminatory nature."
Cain said he supports the idea behind the bill but has concerns about how the bill is written.
"I'm very much in favor of its intent," Cain said. "| do have some issue and concern with the verbiage of
that bill and the hardships it would put on local law enforcement, in terms of jail population and
transportation."
Cain says he favors addressing illegal immigration on a state or local level if no federal action is taken.
“We want to address this issue of illegal immigration ... but we want to do so in a way as not to be
discriminatory," Cain said.
Skeens said he has unanswered questions about how law enforcement would be expected to act if Senate
Bill 6 becomes law.
"Immigration is certainly a complex issue. If Senate Bill 6 is passed into law, | would have several questions
and concerns about the procedures for law enforcement," Skeens said.
Gutierrez said the bill would also potentially make criminals out of people who work with Hispanics.
"We transport (Hispanic immigrants) all the time, to doctors’ offices, church," Gutierrez said. "This bill takes
the words 'smuggling' and ‘transport’ and takes them out of context.
"It's so broad, it (covers) anyone who transports," she said. "(If) | transport people to, say Henderson (and
receive gas money), does that count? It is a problem with the legislation that it's so broad, it doesn't
specify. It doesn't have exemptions for humanitarian workers."
James Mayse, 691-7303, jmayse@messenger-inquirer.com
To Attend
A forum will be at 9 a.m. today to discuss Senate Bill 6 and other items before the General Assembly. The
forum, "Catholics @ the Capitol: Owensboro Regional Gathering," will be at St. Pius X Catholic Church, 3418
U.S. 60 East. Area legislators have been invited to attend.
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