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PENRY: Crack Down on Illegal Immigration

July 6, 2006

COLORADO'S OPPORTUNITY TO DO WHAT CONGRESS WON'T -- CRACK 
DOWN ON ILLEGAL IMMIGRATION 
 
When the Colorado General Assembly convenes in a Special 
Session this Thursday to consider an array of proposals to 
crack down on illegal immigration, it will have a chance to 
put Colorado at the forefront of the national push to get 
serious about addressing America’s illegal immigration 
crisis. 
 
And it’s about time. 
 
Yes, illegal immigration is at root a national problem that 
will require bold action by the federal government. I am 
personally outraged that Congress continues to fiddle while 
our border remains wide open to illegal immigration, human 
trafficking, a surging Mexican Methamphetamine trade, and 
the strong possibility that foreign terrorists are entering 
our country unfettered. I marvel at a homeland security 
policy that rightly invests tens of billions of dollars 
each year to protect airports, sea-ports, and major ports 
of entry from terrorists and the weapons they would use to 
harm us, only to leave our backdoor border wide open to the 
same ominous security threats. 
 
So whom do we blame? I believe blame belongs to every 
Republican and Democrat in Washington, DC who have let the 
imperative of a secure border in this post 9/11 world get 
side-tracked by proposals for immigration amnesty and a new 
expanded guest worker program. 
 
Everyone agrees the border needs to be secure – first, 
foremost and above all. And I have yet to talk to a single 
state legislator or member of Congress who isn’t open to 
new approaches focused on plugging holes in America’s labor 
supply chain to protect small businesses. But that 
discussion is complicated and will take time to construct 
so as not to generate the same unintended consequences that 
similar measures have unleashed in the past. Congress can 
and should continue to debate a guestworker program (no 
amnesty allowed), but it should pass meaningful border 
security first. No more waiting, no more debating, no more 
talking – it’s time for Republicans and Democrats in 
Congress to protect our border. 
 
Which brings us back to Colorado, and the Special Session 
that begins this Thursday. While Congress fiddles, 
Colorado is getting to work. We can’t eliminate the 
problem by ourselves, but we can mitigate its symptoms in a 
real way. 
 
Governor Owens, at the urging of many legislators including 
me, called the Special Session after the Colorado Supreme 
Court nixed a citizen’s initiative aimed at blocking 
welfare and other non-emergency government services to 
illegal immigrants. In a ruling that was so poorly 
reasoned 
that even opponents of the initiative slammed it, the 
Supreme Court ruled that the initiative violated Colorado’s 
single subject rule. The ruling was a judicial fiction, 
representing the worst kind of judicial activism – the 
kind where a handful of judges contort the plain meaning of 
the law to prevent voters from speaking collectively on an 
issue of great public interest and consequence. 
 
But instead of sitting back and letting 4 Supreme Court 
Justices thwart this critical debate, the Governor and the 
Legislature decided to play our Constitutional trump card – 
a Special Session and a Referendum. The goal of the 
Special Session is straightforward – to address the alleged 
single subject shortcomings in the measure denying 
government services to illegals, and refer that measure 
back to the voters this November. The Special Session will 
also give venue for the consideration of a host of other 
proposals to beef up enforcement, create better 
coordination between state law enforcement and federal 
immigration authorities, and improve the verifiability of 
our state’s identification tools to aid employers and 
elections officials. I am a sponsoring a number of such 
measures. 
 
All of these important proposals will push Colorado into an 
aggressive posture against illegal immigration, but in the 
end this Special Session will only be a success if the 
Legislature gives citizens the right to vote on the measure 
denying taxpayer subsidies to those who break our 
immigration laws. It is, after all, the reason the Special 
Session was called in the first place. 
 
In the run up to this important legislative debate, some 
have argued that the illegal immigration crisis is really 
no crisis at all. This political camp suggests that 
because government can’t produce an exact accounting of 
how much Colorado spends on services to illegal immigrants, 
it would be too hasty to act. 
 
That logic is about as contrived and unconvincing as the 
Colorado Supreme Court’s. 
 
The truth is, it is exceedingly difficult to put an exact 
price tag on illegal immigration in Colorado because the 
problem is so pervasive and large. But for those who doubt 
the severity of the problem, consider these numbers: 
 
According to a 2005 study by the Center for Immigration 
Studies, in Colorado 11% of households headed by an illegal 
immigrant get food assistance, 12% are on Medicaid, and 18% 
are using a major welfare program. 
 
While estimates vary, it is widely accepted that our prison 
population consists of anywhere between 5 and 10% illegal 
immigrants. 
 
Defend Colorado Now – the group formed to push the citizens 
initiative barring government subsidies to illegal 
residents – estimates that Colorado spends upwards of $1 
billion each year on services to illegal immigrants. 
Even a group opposing the ballot measure produced a study 
showing that Colorado’s net financial loss to the illegal 
immigration problem is about $30 million – a gross 
underestimate, but a significant amount of money still. 
 
At the same time, certain leaders in the Democratic 
majority in the Colorado Legislature have actually proposed 
expanding benefits to illegal residents in recent years, in 
particular proposing to subsidize college tuition. The 
Colorado Democrat Party’s 2006 platform itself calls for a 
number of such expanded services to illegal residents. 
 
Given all of these things, clearly the time is now to put 
this issue to rest. Now is the time to permanently end 
taxpayer subsidy of non-emergency programs to those who 
break our immigration laws. 
 
If the Legislature refers a measure to the voters that 
would accomplish this objective, it will have made 
important progress during this Special Session, 
while sending a powerful message that Colorado is serious 
about addressing its share of America’s illegal immigration 
crisis, even if Congress is not. 
 
Josh Penry 
State Representative 
House District 54