Arkansas House panel OK’s legislation that opponents say mirrors ‘anti-Sharia’ law in other states

After nearly 90 minutes of debate during special order of business before a packed House Judiciary Committee, Arkansas lawmakers on Thursday (Jan. 2) approved a contentious bill that opponents say would mirror “anti-Sharia” legislation enacted in nearly a dozen other states.

In introducing House Bill 1041, Rep. Brandt Smith, R-Jonesboro, told the House panel gathered in overflowing committee room that many people were in opposition to his bill, but offered that “it would actually benefit everyone.”

“Basically it is an act to protect the rights and privileges granted under the Arkansas Constitution and the U.S. Constitution to declare American laws for America courts,” Smith testified before the House committee the oversees bills related to Arkansas law and courts.

“One of the things this bill will do, as immigrants and refugees leave their country and arrive here at some point in the future, this bill will protect them,” Smith said. “When they set foot on American soil, they literally will be protected by the same laws that protect me and my family, and you and your family.”

AVOID ‘CLUTCHES OF FOREIGN POWERS’
But Smith deferred most of his testimony to witness Paul Deckert, a lawyer and retired U.S. Marine Corps colonel with the Center for Security Policy. The conservative think tank headed by former Reagan administration official Frank Gaffney Jr. focuses on exposing jihadist threats in the U.S., but opponents criticized the group for engaging in conspiracy theories.

In a prepared statement to the panel, Deckert told the judiciary panel that America’s forefathers wrote the Declaration of Independence and the Constitution to protect the U.S. from “the clutches of foreign powers.” Decker also told the House committee that ten other states now have similar laws on the books, including Alabama, Arizona, Florida, Kansas, Louisiana, Mississippi, North Carolina, Oklahoma, Tennessee and Washington.

Following Deckert’s statement, he and Smith took a volley of questions from members of the House panel concerning the need for HB1042, since U.S. law already provides many of the same protections. Although Deckert said he knew of no immediate cases where the law would apply in Arkansas, he offered several examples of family law cases outside of Arkansas where individuals were other countries were able to gain custodial rights from American spouses in violation of U.S. law. Smith believes Arkansas and other state courts will soon be inundated with new cases where the law might apply because of the changing demographics of the nation.

“The problem is we are going to be facing new challenges through our legal system that judge rarely had to deal with. Those days are coming because our demographics are changing (and) we need to make some things very clear for our judges …,” he said. “Sometimes because of immigrants arriving here are not as well protected and they don’t know how to move in our culture and society, (and) they are not assimilated and they tend to group in small enclaves and they feel comfortable among their own people,” the Northeast Arkansas lawmaker.

“But some of those same people have escaped war, famine, chaos, tyranny and poor political systems, they are here now and I want them to know that everything we enjoy …., they have those same rights and privileges that I have.”

Smith said influential leaders often maintain cultural, religious and legal ties to their former countries that govern their activities in the U.S.

“What happens is, there may be some leader or elder that rises out of the group who says, ‘we’re are here but we are going to run our lives out of our originating country,” he said.

OPPOSITION FROM LEGISLATORS
In response to a question from Democratic legislator Rep. Charles Blake of Little Rock if there has ever been a case in Arkansas where HB1042 was needed Smith replied, “Well, it will happen.”

He then cited the large Somali and Iraqi immigrant population in Minneapolis, Minn., and Dearborn, Mich., respectively, as pertinent examples. After Smith and Deckert testified in support of HB1042, which does not include the word “Sharia,” several speakers came to the podium and offered strong words against the legislation. Most the bill’s opponents told the committee that Smith’s proposal would target Muslim and other immigrant populations that have a distinct religion or way of life that is different than most Americans.

Mireya Reith, director of the Arkansas United Community Coalition, told the House panel she was concerned that HB1042 was in response to an out-of-state problem that doesn’t apply to Arkansas.

“What is promulgating this is a very specific case, something that hasn’t happened in Arkansas per se, and it seems to be coming from a basis of some sort of value that us immigrants … are these enclaves and don’t assimilate and this idea there needs to be some additional protections,” she said. “Creating laws on possible scenarios, things that have not happened, things that are written in such a broad way that they could have greater implications.”

Following the public comment period, several lawmakers asked Smith to pull his bill to insert language that would alleviate those anti-immigrant concerns. Rep. David Whitaker, D-Fayetteville, told Smith he could not support the bill because it may face a legal challenge.

“At the end of the day, I am going to be a ‘no’ vote because this particular bill is unwarranted and is unconstitutional invasion of the prerogative of the judicial branch,” said Whitaker, an attorney.

Rep. Bob Ballinger, R-HIndsville, also an attorney, said he believe HB1042 will never have much impact.

“What I would say, and no offense to Rep. Smith, it doesn’t do a whole lot and I hope it never does anything,” he said. “I hate the fact that we are going to spend two hours on a bill that does nothing.”

Afterward, several other lawmakers requested Smith pull his bill, but the House committee gave the bill a “do pass” recommendation in a “voice vote” that sent chagrined opponents streaming from the room. Reith, who helped to organizer dozens of HB1042 protestors attending the committee hearing, said her group and other community leaders would also appeal to lawmakers to vote against it when it comes to the House floor. She also said coalition of community organizers will speak against other anti-immigrant legislation Smith plans to bring up in committee later in the session.

In the House Education Committee, Smith on Thursday pulled down a controversial bill in order to present his legislation in the judiciary committee. Smith’s HB1041 would prohibit so-called “sanctuary policies” that aid undocumented immigrants at state-supported colleges and universities.