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New fine for immigration forgery goes unenforced
The Associated Press
Issue date: 12/1/06 Section: News
DENVER - A new law mandating a fine of $50,000 or more for making fake documents for illegal immigrants is not being enforced because the Colorado attorney general's office says it doesn't have the money.
The law, passed this year, was part of a crackdown on illegal immigration. The attorney general was to pursue the fines through civil suits. Local prosecutors are still responsible for bringing criminal forgery charges.
Kristen Holtzman, spokeswoman for Attorney General John Suthers, told The Denver Post in Thursday's editions that the agency is "eager to begin enforcing this statute."
"However, without the resources to do so, it's not possible. We are looking for ways to fund it," she said.
Holtzman said Suthers' office has asked district attorneys about immigration forgery cases they are prosecuting to see if the state can pursue the civil fine. But The Post said those inquiries were not made until after a reporter asked about the law.
Democratic lawmakers, who hold a majority in both houses, were troubled.
"I'm very surprised that the attorney general, of all people, is not following the law," Senate President Joan Fitz-Gerald, D-Golden, said. "I am disappointed that he would not get on the issue of people who are making fraudulent documents."
House Speaker Andrew Romanoff, D-Denver, who co-sponsored the bill, said if Suthers believes his office doesn't have the money to pursue the fines, he should bring it up with lawmakers.
"But doing nothing is not a solution," Romanoff said.
When the bill was being debated, the attorney general's office did not testify on any potential funding problems.
Initial funding for pursuing the fines, $68,879, was supposed to come from the state's Judicial Stabilization Fund, which comes from court-filing fees and helps cover courts operating costs.
The state court administrator said there was no money in the fund to pay for enforcing the forgery fines.
Suthers has also come under scrutiny for having his office write court briefs for other states to defend gay-marriage bans and laws allowing voluntary recitation of the Pledge of Allegiance while telling Colorado lawmakers he needs $91,000 to hire another prosecutor to handle the load of consumer fraud cases.
The attorney general's office has said the cost of writing briefs for other states' cases is minimal but the exact amount isn't known.
The law, passed this year, was part of a crackdown on illegal immigration. The attorney general was to pursue the fines through civil suits. Local prosecutors are still responsible for bringing criminal forgery charges.
Kristen Holtzman, spokeswoman for Attorney General John Suthers, told The Denver Post in Thursday's editions that the agency is "eager to begin enforcing this statute."
"However, without the resources to do so, it's not possible. We are looking for ways to fund it," she said.
Holtzman said Suthers' office has asked district attorneys about immigration forgery cases they are prosecuting to see if the state can pursue the civil fine. But The Post said those inquiries were not made until after a reporter asked about the law.
Democratic lawmakers, who hold a majority in both houses, were troubled.
"I'm very surprised that the attorney general, of all people, is not following the law," Senate President Joan Fitz-Gerald, D-Golden, said. "I am disappointed that he would not get on the issue of people who are making fraudulent documents."
House Speaker Andrew Romanoff, D-Denver, who co-sponsored the bill, said if Suthers believes his office doesn't have the money to pursue the fines, he should bring it up with lawmakers.
"But doing nothing is not a solution," Romanoff said.
When the bill was being debated, the attorney general's office did not testify on any potential funding problems.
Initial funding for pursuing the fines, $68,879, was supposed to come from the state's Judicial Stabilization Fund, which comes from court-filing fees and helps cover courts operating costs.
The state court administrator said there was no money in the fund to pay for enforcing the forgery fines.
Suthers has also come under scrutiny for having his office write court briefs for other states to defend gay-marriage bans and laws allowing voluntary recitation of the Pledge of Allegiance while telling Colorado lawmakers he needs $91,000 to hire another prosecutor to handle the load of consumer fraud cases.
The attorney general's office has said the cost of writing briefs for other states' cases is minimal but the exact amount isn't known.
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