BILL WOULD LET ARNOLD CALL BORDER EMERGENCY.

Byline: Harrison Sheppard and Lisa Friedman Sacramento Bureau

A group of Republican legislators introduced a bill Thursday that would allow the governor to declare a state of emergency over illegal immigration in California.

The bill follows statements by Gov. Arnold Schwarzenegger that he does not plan to declare an emergency in California - as Arizona and New Mexico have - because he does not believe he has the authority and does not believe it is necessary.

``We have drafted this measure and taken this action today because of the problem that illegal immigration presents to the residents of California,'' said Sen. Dennis Hollingsworth, R-Murrietta.

``It taxes our health care system, it taxes our public safety infrastructure,'' he said. ``It is a serious problem that must be dealt with, and we think it is crucial that the governor be given the powers to deal with it in an emergency declaration.''

Schwarzenegger would welcome the additional authority, but not necessarily choose to exercise it, according to his press secretary, Margita Thompson.

In a sent letter to Assembly Speaker Fabian Nunez, D-Los Angeles, Schwarzenegger said he is working with federal officials to get more resources to stem the problem, but also said there has been a reduction of illegal crossings and border crime recently.

``While it is clear that more needs to be done to reduce illegal crossing, the situation in California has improved significantly in the last few years and illustrates that significant progress is attainable if we join together in a dedicated effort,'' Schwarzenegger wrote.

Nunez recently said he believes the governor should declare a state of emergency over illegal immigration in an effort to get more federal resources dedicated to the issue.

Nunez is visiting Mexico this week to meet with President Vicente Fox and other leaders to talk about immigration and border control as well as trade and improving relations between the two governments.

In a conference call from Mexico, Nunez said he believes the governor already has the power to declare an emergency.

``I want to approach it from the standpoint that California does not have enough help from Washington, D.C.,'' Nunez said. ``That is the only reason we ought to be considering declaring an emergency on the issue of illegal immigration in California.''

California's Democratic congressional delegation has laid low on the topic, but congressional Republicans have said they would support a state of emergency along the Mexican border if Schwarzenegger declares one.

Rep. Gary Miller, R-Diamond Bar, accused Arizona Gov. Janet Napolitano and New Mexico Gov. Bill Richardson of using the disaster declarations as re-election ploys but added last week that he supports the move if it draws attention to the problem.

As to whether Schwarzenegger should do likewise, Miller said, ``That's up to the governor. I applaud any action that will make any effort to stem the flow of illegal immigration into this country.''

Jo Maney, spokeswoman for Glendora Rep. David Dreier, said last week that ``Governor Schwarzenegger has said he is consistently monitoring the border and will make a declaration if he deems it necessary. Whether or not he decides to make the declaration, Mr. Dreier and the delegation remain committed to working with the governor to fight illegal immigration.''

On Thursday, the American Civil Liberties Union objected to the bill, saying it would give the administration too much power and allow state officials to violate individual rights when a state of emergency is declared.

``There are constitutional issues here,'' said Vivek Malhotra, a legislative advocate for the ACLU. ``A state of emergency gives the governor special powers to suspend the normal due process procedures.''

Harrison Sheppard, [phone]

harrison.sheppard(at)dailynews.com