Dan Genz, The Examiner
2008-05-01 07:00:00.0
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WASHINGTON -

Police Chief Charlie Deane on Wednesday revoked portions of Prince William County’s policy that directed officers to check the legal status of all suspected illegal immigrants stopped for minor crimes or traffic violations before an arrest.

The chief’s move followed a unanimous board vote late Tuesday night to direct officers to initiate immigration status checks only after arrests to eliminate the need for in-car police cameras to save money and guard against lawsuits.

“There is no longer the requirement that they do that inquiry prior to the physical arrest of someone,” Deane said, adding that officers will be provided guidelines later this week on how to implement the changes.

All suspects arrested on suspicion of a crime will be checked for legal status regardless of whether the officer has reason to believe the suspect is in the country illegally.

The change will mean hundreds more people each month will face status checks after committing crimes, but that dozens fewer suspects will be referred to federal Immigration and Customs Enforcement for driving too fast or for being too loud.

“As a practical matter, the number of criminals we refer to ICE will not change, and we put the county in a much better position both from a legal perspective and financially,” said Supervisor Mike May, R-Occoquan.

In March, Deane reported 89 people were questioned about their legal status, including 41 who were arrested.

Of those, 31 were arrested on misdemeanor charges, eight on felony charges and two on immigration warrants. The 48 others were questioned prior to an arrest, including for traffic violations and suspicious person inquiries.

Despite the police chief’s directive, the policy change incited a public relations war as critics and supporters of the county’s crackdown sought to claim the upper hand.

While Board of Supervisors Chairman Corey Stewart strongly opposed the changes to the policy for fear they would be seen as limiting its sweep, he later endorsed the new measures as making the policy stronger.

“If you’re an illegal immigrant, this just made things tougher on you because now we don’t need probable cause to check your illegal immigration status,” Stewart said.

Immigrant advocate Aracely Panameno said it is too early to tell what the changes mean, particularly a section giving officers discretion to check legal status.

“They still have that wiggle room, which is why you don’t see us in the community saying, ‘Victory!’ There is still a little nervousness as to how this will work,” she said.

That didn’t stop Supervisor Frank Principi, D-Woodbridge, a critic of the crackdown, from making a “V” with his hands to signal victory Tuesday night. “You can see the tide has turned,” he said.

dgenz@dcexaminer.com