Bill would let police seize vehicles driven by illegal immigrants
If bill was passed, police could take vehicle if it was involved in a traffic accident and driven by an illegal immigrant

By MARY LOU PICKEL
The Atlanta Journal-Constitution
Published on: 02/18/08

A proposal to allow police to seize cars from illegal immigrants prompted an emotional public hearing before a legislative committee Monday.

The bill, sponsored by Rep. James Mills (R-Gainesville), would allow police to seize any vehicle involved in a traffic violation or accident if it’s driven by an illegal immigrant. That includes rented and leased vehicles if the owner should have known the driver was an illegal immigrant.

Stacey Malegni, a Cherokee County woman, spoke in favor of the bill, recounting through her tears the loss of her 5-year-old son and mother-in-law in a car accident in 2004. An 18-year-old illegal Mexican immigrant with no license plowed into the car Malegni’s mother-in-law was driving.

Malegni argued the bill should be passed for safety reasons.

“I’m putting the memory of my son in your hands,” Malegni told the House Special Rules Committee.

Other witnesses agreed, arguing that people can’t violate traffic laws repeatedly if they don’t have a car.

A spokeswoman for the American Civil Liberties Union opposed the bill, saying it would create an atmosphere of “seize first and ask questions later.” It could also create an atmosphere for racial profiling in traffic stops, the spokesman said.

The racial profiling argument drew a strong denial from committee chairman Calvin Hill (R-Woodstock), who asked witnesses to stay on point. “I don’t want misinterpretation . . . that this is about racial profiling,” Hill said.

Opponents say the measure is unconstitutional because it doesn’t provide due process for taking the car. Under the proposal, the vehicle seizure would work similar to property seizure in drug cases.

“This legislation is opening up a slippery slope to where the state is taking private property,” said Jerry Gonzalez, executive director of the Georgia Association of Latino Elected Officials. “Where do we stop? Next, should we take their homes, their businesses? If there’s an immigration raid in a poultry plant, should we seize that?” Gonzalez asked.

Opponents say it would be difficult for a police officer to correctly ascertain a driver’s legal status during a traffic stop.

The legislation is part of a package of proposals introduced this legislative session aimed at punishing illegal immigration in Georgia.

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