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By Patrick McGreevy, Times Staff Writer
March 30, 2006

A conservative group opposed to a Los Angeles Police Department policy of not asking people about their immigration status without special cause has sued the city for failing to turn over documents showing how the rule is enforced, a representative said Wednesday.

Washington D.C.-based Judicial Watch filed the lawsuit as part of its effort to challenge Special Order 40, an LAPD directive generally preventing police officers from inquiring about a person's residency status.

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"This is a disturbing regulation" said Tom Fitton, the group's president. "We believe it is inconsistent with federal immigration laws, and we are trying to get more information. Are crimes going by unpunished as a result of illegals being let go because of this policy?"

Just days after 500,000 people filled the streets of Los Angeles opposing federal legislation that would crack down on illegal immigrants, Fitton said his group is targeting the LAPD in part because Los Angeles and Southern California are the focus of debate on immigration issues.

The challenge to Los Angeles' rule comes shortly after the Costa Mesa Police and Orange County Sheriff's departments began developing plans for their officers to to train alongside federal agents so they can help enforce immigration laws.

In December, Judicial Watch filed a request with the LAPD under the California Public Records Act for documents showing how the policy is interpreted, how officers are trained in it, how it is enforced, and whether any officers have been disciplined for violating the rule.

Initially, the city asked for a two-week extension to respond but the records have not been released, Fitton said.

LAPD officials said some of the information is not easily available. The department, according to Lt. Paul Vernon, does not break out figures on the number of officers disciplined for violating Special Order 40.

Vernon said city policy prevented him from commenting on the lawsuit, but he said Special Order 40 was adopted in 1979 because officials wanted to assure the public the LAPD was not going to enforce immigration laws.

"You did not want to inhibit people from reporting crimes, even if they were here illegally," Vernon said.

Councilman Jack Weiss said he supports Special Order 40 and he called the challenge by Judicial Watch "counterproductive."

"The LAPD has its hands full to gain the trust of the community on the best of days," Weiss said. The LAPD has refined the order to allow officers to investigate when they have evidence that a criminal suspect has been deported and has illegally re-entered the country, Vernon said.