Thread: AZ-Chandler to consider repeal of 1999 immigration policy

Chandler to consider repeal of 1999 immigration policy
by Edythe Jensen - Feb. 22, 2010 04:55 PM

Chandler Mayor Boyd Dunn wants the City Council to repeal a 1999 immigration policy Thursday night so Police Chief Sherry Kiyler can implement a new one.

Kiyler, who aired her plan at a council subcommittee earlier this month, drafted one that is nearly identical to Mesa's.It allows officers to question all misdemeanor and felony criminal suspects about their status, not just the most serious offenders.


The more restrictive 1999 immigration policy took effect after Chandler drew widespread criticism for a five-day roundup of suspected illegal immigrants in 1997. Because it was passed by a former city council, the policy took authority to make changes away from the police chief, who at the time was Bobby Joe Harris.

By formally repealing that policy, the council will hand the power to change immigration enforcement procedures back to the chief.

The 11-year-old rules are more restrictive regarding when officers can contact Immigration and Customs Enforcement (ICE). They can if the suspect is booked into jail on criminal charges, accused of misdemeanor offense involving theft or assault or involved with a drophouse or human-smuggling operation. Kiyler's proposed policy, which she also discussed at the council study session Monday night, would give officers more discretion on minor offenses and expand the conditions under which police can question immigration status and notify ICE.

The chief said she does not believe local law enforcement agencies have the authority to detain individuals for federal immigration violations alone. However, her new policy allows officers to submit "Request for Inquiry" forms to Immigration and Customs Enforcement (ICE) if they learn someone is not in the country legally but they are not the subject of a criminal investigation.

Under both the old and new policies officers are prohibited from engaging in racial profiling and cannot ask the immigration status of crime victims, witnesses, civil traffic violators, or juveniles unless they are charged with violent crimes.

In a memo to the council supporting the repeal, Dunn said the repeal will give "officers more discretion and better allows our police department to dictate the best interests of law enforcement in Chandler."

The 7 p.m. council meeting is at 22 S. Delaware St. and broadcast on municipal Cable Channel 11.


http://www.azcentral.com/news/articles/ ... -0222.html

EXCELLENT!!!!!

Chandler finalizing immigration-check policy
Comments 11| Recommend 3
Ari Cohn, Tribune

February 23, 2010 - 4:48PM



Chandler City Council is set to vote on a proposal to change the city's policy on enforcing illegal immigration.
Tribune poll

Should Chandler police ask suspects about their immigration status?

Yes

84% (207)

No

16% ( 38 )



Total votes: 245

The Chandler Police Department's new policy on illegal immigration, intended to give officers more latitude in questioning people suspected of crimes, could take effect in 60 days if the City Council approves it Thursday.

Proposal: Let cops check immigration status

Bill requires cops to check immigration status



"There are elements on both sides of immigration that want to make this a political issue," City Councilman Matt Orlando said on Monday. "I will not be standing up here to make this a political issue. I want a sound policy."

The proposal would require officers to ask the immigration status of adults arrested for committing state or local crimes, juveniles charged with a violent felony, or a suspect who reveals information during an investigation that leads officers to believe he or she is in the country illegally, according to Chief Sherry Kiyler.

"There is some training that needs to accompany this," Kiyler said.

Officers will not ask about immigration status in cases strictly involving civil violations, she said.

"It is our responsibility to enforce criminal violations, not civil violations like immigration in and of themselves," Kiyler said.

On Thursday, the council is expected to repeal its existing policy governing the treatment of suspected illegal immigrants, adopted 12 years ago in the wake of an infamous Chandler Police Department sweep called the "Chandler Roundup." The rules give officers discretion on whether to notify federal immigration authorities in limited circumstances, specifically if an undocumented suspect is arrested for a misdemeanor involving theft or assault, or for a felony.

Under the new policy, Chandler officers would continue to refrain from asking the immigration status of people who incur civil penalties, such as traffic violations. The department's prohibition also will remain on inquiring about the immigration status of crime victims and witnesses; juveniles, unless they've been charged with a felony; victims of domestic violence; and those seeking medical assistance. Officers cannot stop someone solely to inquire about immigration status.

"It can help our police department be more effective while protecting the rights of individuals," said Mayor Boyd Dunn.

http://www.eastvalleytribune.com/story/151057