Dan Genz, The Examiner
2008-05-08 07:00:00.0
Current rank: Not ranked

WASHINGTON -

Prince William County police officers will be able to decide on their own whether to ask suspected illegal immigrants questions about their residency status during traffic stops and other situations.

The officers had been trained and directed under a policy approved in October to ask all suspected illegals under scrutiny for local violations about their residency.

But now, police leaders are trying to develop a new policy to fit a standard unanimously approved by the county Board of Supervisors last week.

While Police Chief Charlie Deane repealed portions of the policy ordering officers to check legal status last week, the revision under way deals with the nuance of officer discretion.

Police will be ordered to check the legal status only of everyone arrested for crimes, not minor violations, but politicians and activists in the immigration debate have been focused on how the change will manifest itself in daily encounters between officers and residents before an arrest.

Deane reported in April that about 50 suspected illegal immigrants, including two legal immigrants who had not committed an arrest-level offense, were questioned about their legal status in March, the first month of the crackdown.

Supervisors said federal Immigration and Customs Enforcement officials expressed little interest in trying to deport those who had not committed an arrest-level offense.

Supervisor Frank Principi, D-Woodbridge, said the change will “significantly curtail” inquiries in those situations, while Chairman Corey Stewart, R-at large, said officers can use their prerogative to check just as many people.

“I do think it is interesting how different board members and different media outlets have had very different interpretations of what we did,” said Supervisor Martin Nohe, R-Coles.

“Previously, if there was probable cause to suspect that someone was illegal, the officer had to ask. Now, if there is probable cause, the police have the discretion to ask about the immigration status. That’s a pretty significant change.”

Police officials would not comment about the process, but suggest that developing the new policy is complicated and involves input from throughout the force.

Citing the landmark nature of the policy, Stewart said officials must be careful to execute it properly.

“We have to keep this in mind, we are blazing a new path that localities all across the United States are watching and will one day follow,” Stewart said. “We have a special responsibility to make it work.”

dgenz@dcexaminer.com