Irondale passes resolution on immigration status checks
Published: Tuesday, July 06, 2010, 10:43 PM Updated: Tuesday, July 06, 2010, 11:38 PM
Victoria L. Coman

The Irondale City Council tonight passed a resolution that police should determine the immigration status of a person during a traffic stop or a criminal investigation.

The resolution passed on a 4-2 vote.

Councilman Craig Sanderson, who proposed the resolution, said it shows the council's support of the federal government enforcing its immigration laws.

Sanderson said he based the resolution on Arizona's immigration law. The U.S. Justice Department on Tuesday sued Arizona over that law, which Arizona Gov. Jan Brewer signed on April 23.

"It's an attempt to make sure our police officers know they have a right to enforce these laws," Sanderson said.

He said any law that is on the books should be enforced.

"If it's a bad law, it should be taken off the books," Sanderson said.

The resolution allows officers to check the immigration status of a person, for instance, who has been pulled over in a traffic stop, Sanderson said.

Freddy Rubio, a lawyer who represents many Hispanics, said Irondale does not have the expertise to, for instance, identify whether documents presented to them are valid.

"They may be getting involved in a false arrest or in an arrest that is made under false pretenses," Rubio said.

The resolution specifies that it does not require, condone or approve profiling "based on race, creed, color or place of origin."

Rubio said despite the resolution's language, Hispanics likely will be profiled.


The resolution points out that officers also are allowed to share information about immigration status of those under investigation with other federal, state, or local government officials for reasons such as:

>> Determining the person's eligibility for any public benefit.
>> Verifying the person's residence if it is required under law or in connection with a criminal proceeding.
>> Confirming the person's identity.
>> Determining if a non-U.S. citizen is complying with federal registration laws.

Council members James D. Stewart Jr. and Christopher Crews voted against the resolution.

Stewart questioned the intent of the resolution.

Crews said the resolution is redundant because the council already supports law enforcement's actions to enforce laws. He also said the city should concentrate its efforts more on fighting specific crimes and getting more resources to help tear down substandard housing. Crews said the federal government has not provided the city with money to pinpoint immigration specifically.

Voting for the resolution, besides Sanderson, were council members Robert Saunders, Terry Bearden and Mayor Tommy Joe Alexander.

Irondale Police Chief Jerry McIntosh said officers already have the right to check immigration status during investigations and they can report people unable to prove legal immigration status to the U.S. Citizenship and Immigration Services.

Still, the council's action shows its support for police officers in such cases, he said.

City officials emphasized that the person being checked must be involved in a lawful investigation.

"You still have to have a legal reason," said Irondale Police Lt. Jason Wiggins. "I can't just, out of the blue, ask, 'What's your immigration status?'"

Sanderson said the resolution is not only supporting law enforcement, but it also is a way to let people know that the city intends to enforce the law.

He said the resolution was not put forth to be aimed at any particular racial group and it is not in response to any problem in the city.

"Then it's not seen as being directed at someone or some problem," he said. "The time to do it is when you don't have a specific problem."



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