The House of Representatives approved today, Monday, a bill that would authorize federal agents from public order to make arrests for state crimes during the executive declaration of a state of emergency.
The real effect of House Bill 2326, however, would be to give federal agents the power to arrest without having to consult with any local law enforcement agency.argued the representative of Democratic Popular Party (PPD) Luis Vega Ramos.
“I would basically give a Corsican patent to federal authorities to arrest whomever he likes, when he feels like it for state crimes,” Vega Ramos said.
Although under Law 11 of Criminal Procedure federal law enforcement agents can arrest in Puerto Rico, the scope of such power is conditioned and limited to the existence of a possible violation at the federal level. “The federal officer can assist in the arrest of that person,” he said.
The agencies whose agents would be authorized to make arrests are: Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), the United States Narcotics Control Agency (DEA), the Sheriffs Corps, the Border Patrol, the Coast Guard, the Forest Service, the Federal Food and Drug Agency (FDA), the United States Secret Service, the Office of the Inspector General, the Diplomatic Security Service (DSS), the Agency for the Control of Alcoholic Beverages, Tobacco and Weapons and the Immigration Service.
“The question is what problem comes to solve this. What a problem that activation has required to be arrested for anything, ”Vega Ramos questioned, saying that the clear answer is“ none. ”
The legislator also argued that for the past 25 years the law that gives the power to the president in office to proclaim states of emergency has undergone multiple amendments that allow him to take this action “for anything”, for as long as it deems pertinent. “Let us not forget the four-year period of Luis Fortuño when that so-called energy emergency was declared, which lasted three and a half years and that allowed the control and expropriation processes to be left without auction,” he recalled.
For his part, the cameral spokesman and author of the measure, Gabriel Rodríguez AguilóHe argued that multiple jurisdictions in the United States have taken similar initiatives where state legislatures empower federal agents so they can have jurisdiction over some crimes at the local level.
In Puerto Rico, he said, there are between 3,000 to 4,000 federal agents. He stressed that due process of law against the accused will be elucidated in the state forum. “We opened that door so that these federal agents can make determinations and make arrests, if necessary, at the state level and start a process against that person, that’s all,” he insisted.
“This is not an ideological project. This is a project to help law enforcement officials in Puerto Rico that we know have limitations. It’s about giving resources to the government of Puerto Rico, ”added the spokesman cameral penepé.
For the legislator of Puerto Rican Independence Party (PIP), Denis Marquez, what the legislative piece pursues evidences the “bankruptcy” of the public security system. “It is a reflection of always looking for others to solve the problems of Puerto Rico,” he said, adding that he also evidences “the colonial problem of Puerto Rico.”
The measure would now be considered by the Senate.
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