Cops try to allay Latinos' concerns
Lopez talks crime and immigration
July 18, 2009

BY STANLEY B. CHAMBERS JR., Staff writer

Some within the Latino community fear that any interaction with police, even reporting a crime, may lead to deportation.
But their immigration status is irrelevant in Durham County, city and county law enforcement officials told more than 150 people at an immigration forum at El Centro Hispano Wednesday evening.

"I strongly believe those fears are unfounded," said Maj. Paul Martin of the Sheriff's Office. "When an officer responds to a call and sees a victim, he wants to catch the criminal. When a detective is assigned a case, it's based on his ability to do good work on the case.

"So I can understand why people would be hesitant, but in the Durham County sheriff's jurisdiction or in the Durham city police jurisdiction, that's just not an issue."

Many Durham Latinos worry about federal immigration initiatives Proposition 287(g) and Secure Communities. Proposition 287(g) lets local law enforcement begin deportation proceedings for illegal immigrants. Wake and Alamance are among participating North Carolina counties. Secure Communities allows law enforcement to search an inmate's name through federal databases. Immigration agents won't pick up an unauthorized immigrant until after their criminal case is disposed. All N.C. jails are expected to use the system by the end of the year.

The Police Department has one officer who only uses 287(g) for major criminal investigations, Police Chief Jose L. Lopez Sr. said. Durham police processed 59 people through the program last year for homicide, sexual assault and other major crimes.

"There are many people in this city that are involved in criminal acts, major criminal acts, and we have to have ways to take them out of this area," he said.

The Durham jail currently does not use Secure Communities, but under state law, anyone brought to a jail with a felony or an impaired driving offense charge must have his or her immigration status confirmed by jailers, Martin said.

A February report by the American Civil Liberties Union of North Carolina and the UNC School of Law detailed problems with the state's 287(g) program, including immigrants being deported for not having a driver's license. The program was designed for the worst criminals.

Driver's licenses were one of the main concerns of attendees who submitted questions for the panel, which included Katy Strait Chavez, a Wake County immigration lawyer who has represented more than 300 people arrested under the 287(g) program. Lopez, who spoke in Spanish, advised attendees not to drive without a valid license. Chavez said drivers should only be cited, not arrested, if they have proper identification, such as a passport.

Other questions Wednesday included whether some police officers are prejudiced and what to do if police illegally search a home. Some wondered if a person who gets arrested will be deported even if he or she is found innocent in court.

That is up to immigration officials, said Lopez, who added that officers are only "looking for people we know that are involved in major crimes and put them in jail for the things we can prove." He stressed the importance of trusting police enough to report crimes. Residents don't have to give their names, he said.

"The community knows what's going on," he said. "They know who's working. Who's trafficking. Who's stealing. Who's got the guns. They stop when they see me because they know I'm not going to accept it. But they know communities where they do accept it and accept it by saying nothing."

Lopez's assurances weren't enough for Maria Hernandez.

"We know that some people are involved in criminal acts but they still have to check the backgrounds of every person," said Hernandez, 39, in Spanish. "And that's why people are afraid because they're going to check them. What usually happens is when you end up in the government, they're going to check your immigration status and from then on they can come to you when they have those programs to catch undocumented people."

Undocumented families live with the fear that a loved one may never return home because of a lack of documentation, said Sandi Velez, a Latino advocate. She thought the forum was a good start for the Latino community to share its thoughts.

"This is so important because there has been a sense of not having a voice," she said.

http://www.thedurhamnews.com/news/story/198358.html