Thread: Officer's slaying fuels debate on 'sanctuary'

Police migrant policies decried
Officer's slaying fuels debate on 'sanctuary'

http://www.azcentral.com/news/articles/ ... y0921.html
Daniel González and Lindsey Collom
The Arizona Republic
Sept. 21, 2007 12:00 AM

The killing of a Phoenix police officer by an illegal immigrant has ignited a firestorm of criticism over policies that prevent authorities from contacting federal agents about routine encounters with undocumented immigrants.

The policies have long been controversial, but the slaying of Officer Nick Erfle has added fuel to the contention that they provide "sanctuary" to such immigrants and should be eliminated to prevent violent crimes at the hands of those in the country illegally. Most large Valley police agencies and many across the country observe the policies.

Under the 20-year-old Phoenix policy, officers are prohibited from telling federal immigration officials about most encounters with illegal immigrants, including those found during basic traffic stops and arrested on misdemeanors. Crime victims who are in the country illegally also cannot be reported.

Immigration and Customs Enforcement is to be contacted only when suspected illegal immigrants are encountered in drophouses or smuggling vehicles, though ICE is automatically contacted when illegal immigrants are booked into jail.

The policy has become a lightning rod of criticism since Officer Nick Erfle was fatally shot Tuesday as he tried to arrest an illegal immigrant who had been deported last year. Internet message boards, talk-radio shows and the Mayor's Office have been overwhelmed by calls to repeal the policy.

Even the head of Phoenix's police union has joined the criticism, putting the department's rank and file at odds with Phoenix Police Chief Jack Harris and Mayor Phil Gordon. Harris and Gordon both defended the policy Thursday, saying it lets officers concentrate on fighting all crime instead of diverting limited resources to arresting illegal immigrants.

"It is my position . . . that the job of the Phoenix police is not routine immigration enforcement," Harris said.

The Police Department's job is to go after all criminals, regardless of their immigration status, Gordon added.

But Mark Spencer, president of the Phoenix Law Enforcement Association, said that the policy overly restricts officers from contacting federal immigration authorities and that many officers are opposed to it.

"I think the policy needs to be looked at hard. They are frustrated. Here the police officers are handcuffed from accessing federal tools to deal with illegal immigration," Spencer said.

Of the past 10 Phoenix officers killed in the line of duty, Harris said, three were slain by illegal immigrants. Erfle's death and the controversy over the Police Department's policy have added fuel to the contentious debate about whether state and local police should be enforcing federal immigration laws.

Many cities and states, frustrated with what they see as inaction at the federal level and failures to strengthen the border, are taking enforcement matters into their own hands.

"We need to take the handcuffs off law enforcement," said Rep. Russell Pearce, R-Mesa, who is spearheading a ballot initiative that would end the policies in Arizona and require local and state law enforcement to enforce federal immigration laws.

He said the officer's death and other incidents will only spur support for ballot initiatives that crack down on illegal immigration. "Enough is enough," he said.

Sgt. Andy Hill said the Police Department has no immediate plans to change its policy. The policy says police cannot stop people just to verify immigration status. They also cannot arrest someone when the only infraction is a violation of a federal immigration law.

Officers also are not permitted to tell immigration authorities about the illegal status of a crime victim, as was the case with the man who was carjacked and taken hostage by Erfle's assailant.

If officers think a suspected criminal is in the country illegally, they contact Phoenix police's violent-crimes unit to request ICE assistance. Ten ICE agents work side by side with the unit investigating homicides and other violent crimes.

Hill said the department is not equipped to deal with primary-offense immigration enforcement.

"We're all waiting for the federal government to come up with a comprehensive enforcement program involving undocumented criminal immigrants," he said. "When that program is developed, it will give us guidelines."

Erik Jovani Martinez, the man accused of killing Erfle, slipped back into the country shortly after being deported last year. But when Scottsdale police arrested him on a misdemeanor assault charge, they did not know he was in the country illegally.

"Police have to take race out of the equation when they make an arrest," said Sgt. Mark Clark, spokesman for the Scottsdale Police Department. "Should we call Immigration and Customs Enforcement if we arrest someone with a French last name?"

Checks of his federal, state and local criminal history revealed no arrest warrants and raised no suspicions that he was in the country illegally.

"There was nothing else we could have done," Clark said.

Police have to take race out of the equation when they make an arrest," said Sgt. Mark Clark, spokesman for the Scottsdale Police Department. "Should we call Immigration and Customs Enforcement if we arrest someone with a French last name?"

If the person can not show ID to prove he is in this country legally, then yes call ICE! I have been carrying ID since I was a child. Most people who are in this country legally can prove it. In fact I don't think I've come across a person yet who is here legally who can't prove it. Lets stop all the hogwash and enforce the law!

I agree police need to be able to act on cases involving illegals. The Miami Dade Police Department where told you aren't even allowed to ask about a person's immigration status. If that weren't the case there wouldn't be as many repeat calls regarding day laborers at the Home Depot in my district and others like it elsewhere in the county. It makes me angry as innocent people can be victimized by the criminals that the police and government choose to protect. I would like to call Bill O'Rielly and Lou Dobbs among a few and let them know what I do. It is time the citizens of this country were allowed to hear the truth of what is going on.