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Sanctuary Areas In Gutierrez Amnesty Bill
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December 27, 2009, 08:20 PM
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Rep. Luis Gutierrez (D-IL) introduced an amnesty bill called the �Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009� (H.R. 4321). It is sponsored by Rep. Solomon Ortiz (D-TX) and has a total of 92 co-sponsors, all who are Democrats.

In my previous blog I discussed the H-1B provisions and how a commission will control them.

The bill has many other surprises however — like for instance it defines sanctuary areas where immigration enforcement is prohibited.

SEC. 157. PROTECTION OF COMMUNITY-BASED ORGANIZATIONS, FAITH-BASED ORGANIZATIONS AND OTHER INSTITUTIONS.

(1) prohibit the apprehension of persons on the

premises or in the immediate vicinity of—

(A) a childcare provider;

(B) a school;

(C) a legal-service provider;

(D) a Federal court or State court proceeding;

(E) an administrative proceeding;

(F) a funeral home;

(G) a cemetery;

(H) a college, university, or community college;

(I) a victim services agency;

(J) a social service agency;

(K) a hospital or emergency care center;

(L) a health care clinic;

(M) a place of worship;

(N) a day care center;

(O) a head start center;

(P) a school bus stop;

(Q) a recreation center;

(R) a mental health facility; and

(S) a community center;

So, assuming an ICE agent knew where each of these sanctuary areas was in relation the the person to apprehend or investigate, he/she will have one other major hurdle — the term "vicinity" isn`t defined anywhere in the bill. Does that mean the sanctuary area from a school or church extends out a radius of one block, a mile, or even more?

If this bill passes as is, let`s hope ICE agents will have a custom made map of all the sanctuary areas because they could get into some type of administrative trouble if they entered a prohibited area. With a good GPS they may be able to figure out how to avoid these areas.

In section 157 part b it says:

(b) NOTICE TO APPEAR.—The Secretary shall amend the Notice to Appear form to include a statement that no immigration enforcement activity was undertaken in any of the locations described in subsection.

In this case it seems that "The Secretary" is the Secretary of Labor would be the enforcer of the sanctuary areas. Wouldn`t that be the job of the DHS? Janet Napolitano sure wouldn`t be happy if Hilda Solis was stepping on her toes.