Should local cops enforce immigration laws?

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added Section 287(g) to the Immigration and Nationality Act authorized the Secretary of Homeland Security, to designate state and local law enforcement officers to act as federal immigration officers.

 

Through Memoranda of Agreement specially trained local law enforcement officers perform immigration enforcement duties only under the supervision of Immigration and Customs Enforcement (ICE) agents and officers.

 

Studies, including a recently released General Accountability Office report, fault Homeland Security for a lack of oversight and data collection on the program. The agency is combating this perceived weakness by adopting a three tier approach for locals to follow, acting ICE Executive Director William Riley told the House Homeland Security Committee.

 

The program’s detractors, such as

Justin Cox, a lawyer for CASA de Maryland, claim the sheriff's office financial incentive to arrest as many illegal immigrants as possible, the expense incurred by the federal government to implement the program and the lack of appropriate guidance and supervision ICE is required to give.

The approach will categorize offenders by offenses with possibly only the most serious being deported. Riley said Level 1 will consist of individuals who have been convicted of major drug offenses and/or violent offenses such as murder, manslaughter, rape, robbery, and kidnapping. Level 2 will include individuals who have been convicted of minor drug offenses and/or mainly property offenses such as burglary, larceny, fraud and money laundering. Level 3 will designate individuals who have been convicted of other offenses.

Montgomery County, Maryland, Police Chief J. Thomas Manger warned the 287(g) builds a wall of distrust between immigrants and the police. He said his force needs that trust in order to its job properly.

 

“We need to have strong policies that take into full account the realities of local law enforcement. One of those realities is that public safety increases when people have trust and confidence in their police department,” Manger’s written testimony says. “Consequently, unreported crime goes down. Another reality is that immigrants—both documented and undocumented—are more likely to be victims of crimes than are U.S. citizens. Delivering fair and consistent police service to all crime victims has to be a priority.”

He added immigration laws are very complex and the training required to understand them would significantly detract from the core mission of the local police to create safe communities.

Manger is chairman of the Legislative Committee for the Major Cities Chiefs Association and representing that group before Congress.

 

Frederick, Md., Sheriff Chuck Jenkins had a different story for lawmakers. Since April 2008, the sheriff's office has arrested 337 people identified as in the country illegally. Of those, 309 are undergoing removal proceedings.

In Frederick County, everyone arrested by all other local and state agencies, are screened and identified through the detention program, to determine their legal presence or status in the United States,” he testified. “Persons arrested, charged and convicted for violent and serious crimes, crimes of moral turpitude, and serious driving offenses are not released back onto the streets of

our community to commit even more serious crimes, or to cause the horrific crashes and driving events that have victimized our communities.” 

The first arrest and detainer filed under the 287g Program in Frederick was arrested for driving intoxicated, through a school zone, during school hours of operation, Jenkins added.

 

 

 

For more info:  See http://homeland.house.gov/Hearings/index.asp?ID=173 for all of the hearing testimony. See http://homeland.house.gov/SiteDocuments/20090304141023-69421.pdf for the latest GAO report on 287(g).