Thread: Chandler police chief wants department's immigration policy

Chandler police chief wants department's immigration policy rewritten

Edythe Jensen -
Feb. 11, 2010 02:16 PM
The Arizona Republic .

Chandler Police Chief Sherry Kiyler wants to rewrite the department's immigration policy so officers can question all misdemeanor and felony criminal suspects about their status, not just the most serious offenders.

If that happens, Chandler's practices will be nearly identical to Mesa's and similar to Phoenix'. Currently Chandler officers are not allowed to ask the immigration status of misdemeanor suspects unless they are accused of theft or assault.

In most cities, police chiefs set and change their own department policies. But because a former city council voted on a restrictive immigration enforcement policy as part of a civil rights lawsuit settlement 11 years ago, Kiyler's changes can't take effect until the current council votes to scrap the old rules.

She made her proposal during a City Council Public Safety Subcommittee meeting Thursday and is expected to take it to the council for a vote in coming weeks. Mayor Boyd Dunn, who was not at the meeting, said he encouraged Kiyler to change the police immigration policy because the existing one is confusing and outdated.

The chief said she does not believe local law enforcement agencies have 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.

The 1999 immigration policy took effect after Chandler drew widespread criticism for a five-day roundup of suspected illegal immigrants. For four days in late July, 1997, Police and federal agents set out to arrest undocumented immigrants in downtown neighborhoods, and they nabbed 340. But some of those taken into custody were legal residents, and Hispanic community leaders were outraged. The city got sued and paid more than a $500,000 in out-of-court settlements.

Genardo Castro, a citizen of Mexico but a documented U.S. resident, was one of the plaintiffs in the case which led to the 1999 immigration policy. Castro was taking out his garbage in a south Chandler neighborhood when a Chandler officer asked him for his papers, with no probable cause beyond his appearance, his attorney said at the time.

Under Kiyler's proposed policy, that wouldn't happen. However, the chief said officers would be free to question any criminal suspect about their immigration status and may forward unsolicited immigration information to ICE. The decision whether to submit that unsolicited information would be left to the officer.

Under both the old and new policies officers do not ask the immigration status of crime victims, witnesses, civil traffic violators, or juveniles unless they are charged with violent crimes.

http://www.azcentral.com/community/chan ... y0212.html

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Chandler police chief wants department's immigration policy rewritten
54 commentsby Edythe Jensen - Feb. 12, 2010 12:00 AM

Chandler Police Chief Sherry Kiyler wants to rewrite the department's immigration policy so officers can question all misdemeanor and felony criminal suspects about their status.

But the proposal, like the city's existing policy, would not allow officers to question the immigration status of minor traffic offenders or the subjects of civil warrants, and it would prohibit officers from engaging in racial profiling. Kiyler said it would give officers more tools to investigate crimes and clear direction on how to handle immigration issues. She doesn't expect residents would notice significant changes.


If they take effect, the new rules will make Chandler's practices nearly identical to Mesa's and similar to Phoenix's. But they won't go as far as some of the methods used in Maricopa County Sheriff Joe Arpaio's immigration crime sweeps.

Brian Sands, a sheriff's division chief who oversees immigration investigations, said his agency does not limit enforcement to criminal investigations and routinely detains suspected illegal immigrants identified in civil traffic stops. He said he is pleased that Chandler may be expanding its immigration enforcement.

In most cities, police chiefs set and change their own department policies. But because a former City Council voted on a restrictive immigration-enforcement policy as part of a civil-rights-lawsuit settlement 11 years ago, Kiyler's changes can't take effect until the current council scraps the old rules.

She made her proposal during a City Council Public Safety Subcommittee meeting Thursday and is expected to take it to the council for a vote in coming weeks. Mayor Boyd Dunn, who was not at the meeting, said he encouraged Kiyler to change the policy because the existing one is confusing and outdated.

The old policy is more restrictive regarding when officers can contact Immigration and Customs Enforcement. They can if the suspect is booked into jail on criminal charges, accused of a misdemeanor offense involving theft or assault, or involved in a drophouse or human-smuggling operation.

The proposed policy would give officers more discretion on minor offenses and expand the conditions under which officers could question immigration status and notify ICE.

The chief said she does not believe local law-enforcement agencies have the authority to detain people for U.S. immigration violations alone or in connection with civil infractions.

"The sheriff's department focuses differently and believes laws apply differently," she said. However, her new policy would allow officers to submit "Request for Inquiry" forms to ICE if they learn someone is not in the country legally but is not the subject of a criminal investigation. It is then up to ICE to locate and transport that individual.

The 1999 immigration policy took effect after Chandler drew widespread criticism for a five-day roundup of suspected illegal immigrants. For four days in late July 1997, police and federal agents set out to arrest undocumented immigrants in downtown neighborhoods, and they arrested 340. But some of those taken into custody were legal residents, and Hispanic community leaders were outraged. The city was sued and paid more than $500,000 in out-of-court settlements. Kiyler was not with the department at that time.

Genardo Castro, a citizen of Mexico but a documented U.S. resident, was one of the plaintiffs in the case, which led to the 1999 immigration policy. Castro was taking out his garbage in a south Chandler neighborhood when an officer asked him for his papers, with no probable cause beyond his appearance, his attorney said at the time.

That wouldn't happen under Kiyler's proposal. However, the chief said officers would be free to question any criminal suspect about his or her immigration status and could forward unsolicited immigration data to ICE.

Under both the old and new policies, officers do not ask the immigration status of crime victims, witnesses, civil traffic violators, or juveniles who are not charged with violent crimes.

All that could change, and cities may be forced to revise their immigration policies again if legislation proposed by Sen. Russell Pearce, R-Mesa, becomes law.

Pearce introduced a bill that would require all police agencies to fully comply with and assist in the enforcement of federal immigration law. It also would subject people in the country illegally to prosecution on criminal-trespassing charges and would make it a criminal offense to transport, harbor or conceal undocumented workers.


http://www.azcentral.com/news/articles/ ... y0212.html

http://www.youtube.com/watch?v=Btj6IeOFkis

Pearce introduced a bill that would require all police agencies to fully comply with and assist in the enforcement of federal immigration law. It also would subject people in the country illegally to prosecution on criminal-trespassing charges and would make it a criminal offense to transport, harbor or conceal undocumented workers.

Actual Common Sense! WOW!

Chandler Police Chief Sherry Kiyler

I hope she gets a tuff as Sheriff Joe.

Proposal: Let cops check immigration status
Comments 3 | Recommend 2

Ari Cohn, Tribune

February 18, 2010 - 6:35PM

A proposal to require Chandler police officers to ask whether some suspected criminals are in the country illegally will receive a public airing when the City Council meets Monday.

The existing Chandler Police Department guidelines governing the treatment of suspected illegal immigrants was 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 if an undocumented suspect is arrested for a misdemeanor involving theft or assault, or for a felony.

Mayor Boyd Dunn said the current policy prohibits Chandler officers from asking about immigration status except in limited situations.

"It does bother me if there is a prohibition," he said.

Last week at a City Council Public Safety Subcommittee meeting, police Chief Sherry Kiyler introduced a proposal to require officers to ask the immigration status of adults arrested for committing state or local crimes, juveniles charged with a felony, or if the suspect reveals information during an investigation that leads officers to believe he or she is in the country illegally.

Dunn said the change is intended to update an outdated policy and provide officers with more detail in dealing with suspected illegal immigrants.

"Everything has certainly changed. Times are different and approaches are different. We felt like we needed to update that area," he said. "It's a very carefully thought-out protocol."

Sgt. Joe Favazzo, a Chandler Police Department spokesman, said officers will continue to refrain from asking the immigration status of people who incur civil penalties, such as traffic violations.

"Those are civil things. We will not ask their citizenship," he said.

The 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, Favazzo said. Officers cannot stop someone solely to inquire about immigration status, he said.

In some cases, officers need the flexibility to ask about immigration status to inform suspects of their rights, such as contacting a foreign consulate, or if the suspect alludes that he or she does not intend to stay and face prosecution, he said.

"There are certain situations where we need to know," Favazzo said. "Therefore we need to ascertain their citizenship."

The treatment of illegal immigrants has been a sore subject for Chandler since 1997. Over five days that year, the city's police department and the U.S. Border Patrol arrested and later deported 432 illegal immigrants. Many Hispanic U.S. citizens and legal residents were among those stopped and questioned. The roundup outraged the city's Hispanic community.

Even now, Chandler officials attempt to treat day laborers who congregate downtown - many of whom are thought to be illegal immigrants - gently. City officials objected when the Downtown Chandler Community Partnership, an organization of local businesses, placed private video cameras last year in the historic square. Partnership officials said the cameras were installed in part to monitor day labor activity. The group quietly removed the cameras last May.

Dunn said the new policy likely will not have any effect on the dozens of day laborers who congregate in the city's downtown historic square. The days of city police conducting roundups are over, he said.

"We're not going to get into immigration enforcement as a law enforcement agency."

http://www.eastvalleytribune.com/story/150884