Thread: Arizona city puts migrant clampdown on November ballot

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Arizona city puts migrant clampdown on November ballot

By David Schwartz
Reuters
Monday, August 21, 2006; 6:08 PM



PHOENIX (Reuters) - Phoenix's city council voted on Monday to put an initiative that would force police and other city employees to enforce federal immigration laws on the ballot for the November 7 election.

The council agreed to allow voters in the fifth-largest U.S. city to decide on the measure by a group frustrated with the effects of illegal immigration, after receiving more than the required number of signatures supporting a vote.

Backers of the "Protect our City" measure want to give local authorities powers to crack down on illegal immigrants, more than 1,000 of whom are nabbed each day crossing into southern Arizona from Mexico. The measure is not supported by local police.

"We need to begin to enforce the laws. We shouldn't be giving illegal immigrants a pass," said Randy Pullen, an outspoken activist and ex-mayoral candidate, moments after the decision.

Under the proposal, the Phoenix police would enter into an agreement with the U.S. Department of Homeland Security to have officers "investigate, apprehend and detain aliens in the United States to the fullest extent consistent with state and federal law."

Other city workers would also check the immigration status of claimants seeking any public benefits in the sprawling city of 1.5 million, which has a large Hispanic community.

Council members had no immediate comment during the brief special meeting on the measure. Mayor Phil Gordon declined to reveal whether he would support it.

Jake Jacobsen, Phoenix Law Enforcement Association president, told Reuters the proposal was "pointless" and represented an unnecessary strain on police.

"My mother isn't going to sleep any better knowing that we just sent a landscaper to jail," Jacobsen said. "Let's devote our limited resources to taking violent criminals off the street - that's our job. Not something like this."

The council was required to put the initiative on the ballot after receiving petitions containing the signatures of 15,052 registered voters within the city, 208 more than required. A legal challenge is expected.

Public opinion is split over just what to do with an estimated 11 million illegal immigrants living in the United States, and the issue is expected to loom large ahead of the November 7 election for members of the U.S. Congress and local officials.

Capitol Hill is divided over a proposal made by President George W. Bush in May to overhaul immigration laws, and increase security along the porous 2,000-mile (3,200-km) border with Mexico.

The plan seeks to offer millions of illegal immigrants a path to citizenship, while placing 6,000 National Guard troops along the boundary with Mexico to provide additional security while more Border Patrol agents are recruited.

Jake Jacobsen, Phoenix Law Enforcement Association president, told Reuters the proposal was "pointless" and represented an unnecessary strain on police.

"My mother isn't going to sleep any better knowing that we just sent a landscaper to jail," Jacobsen said. "Let's devote our limited resources to taking violent criminals off the street - that's our job. Not something like this."

He$$ of a thing for someone sworn to protect and serve to say! Mr. Jacobsen, a law breaker is a law breaker, no matter the color of his skin or individual law that is broken. You know what is really sad, Mr. Jacobsen would probably be the first one to advocate kicking a vagrant out of Phoenix, but when it comes to someone that has done worse - he's not concerned.

In all honesty, I've come to the conclusion that some local law enforcement agencies are just to damn lazy to take on the illegal immigrant issue. It is becoming clear that they prefer to hide behind their whinning comment, "it's not my job." Man, I hated hearing that comment from my subordinates when I served on active duty in the military.

I say good for Phoenix. Will be interesting to see what happens.
Another example of frustration re our federal governments inability or will to address the problem, no, not problem, it is a crisis.

Effects of migrant bill in question

Monica Alonzo-Dunsmoor
The Arizona Republic
Aug. 22, 2006 12:00 AM

A controversial measure that aims to reform immigration enforcement in Phoenix has made the ballot, but critics wonder whether it will make a difference.

If approved on Nov. 7, Proposition 405 would require Phoenix to enter an agreement with the Department of Homeland Security and "designate officers" to enforce federal immigration laws.

But it is up to local officials to decide how many police officers would take on those federal responsibilities.

Based on law enforcement officials' reaction to the initiative, voters shouldn't look for sweeping changes.

Both the Phoenix police chief and the president of the police union are concerned that the initiative could hamper the ability of the Police Department to respond to "true emergencies."

The Phoenix City Council on Monday put the initiative on the city's November ballot after Randy Pullen, the initiative's main proponent, turned in 15,052 valid signatures, according to the city clerk.

Meanwhile, voters statewide will consider four other immigration-related measures in November.

Pullen said he envisions this initiative will allow Phoenix police officers to weed out undocumented immigrants during routine traffic stops and other police duties.

But only individuals trained and supervised by federal Immigration and Customs Enforcement agents have the authority to enforce immigration laws, which includes questioning someone's immigration status, said David Montoya, a Phoenix attorney who has been involved in several immigration cases.

The true impact of the measure is "impossible to predict" until Phoenix officials reach an agreement with federal authorities, said Rita Maguire, president of Think AZ, a non-profit public-policy group.

"If the initiative passes, it will require the Police Department to sit down with federal agencies. . . . But beyond that, it's just a matter of speculation as to what the powers and duties will be in the hands of law enforcement within Phoenix boundaries," Maguire said.

Several agreements already exist between the federal government and law enforcement agencies in other states.

The Alabama Department of Public Safety has about 20 state troopers enforcing federal immigration laws, and the Florida Department of Law Enforcement devotes about 60 officers to the issue.

The Arizona Department of Corrections has 12 correctional officers who are trained and certified to act as ICE agents to help them process immigrants for deportation.

It is unclear how many of the 3,000 police officers in Phoenix would be sent for immigration training if the measure was approved.

"I can tell you that the Department of Homeland Security is not going to agree to train a large quantity of officers as immigration officers," Police Chief Jack Harris said.

"To divert officers away from their normal duties is taking a very limited resource away from the Police Department. That's of great concern to me."

Such agreements fall under a provision in the Immigration and Nationality Act that grants local officers authority to act as immigration agents only after they have gone through training sessions that cover issues such as immigration law, racial profiling and intercultural relations.

"This proposal does nothing but create confusion," said Julian Nabozny, co-chairman of the Phoenix Police Department's Hispanic Advisory Board.

The board helped craft the city's current policy on how police officers handle encounters with undocumented immigrants.

That policy now instructs police officers not to arrest a person if the only violation is of a federal immigration law. It also states that police should not notify immigration officials when an undocumented person is a victim of or witness to a crime, has only committed a minor traffic offense or is seeking medical treatment.

Pullen's measure would effectively revoke that policy, which he refers to as the city's "sanctuary policy."

"We shouldn't be giving illegal immigrants a pass," Pullen said. "I think they can only do so much at the federal level. . . . We have all these other levels of law enforcement that need to be involved in the process. We need to get the cities involved."

But even if voters approve the initiative and Phoenix police officers go through training as federal immigration agents, it is unlikely that immigration officials will respond to every call about an undocumented immigrant in local police custody.

"We prioritize our response in accordance with our concern about community safety," said Russell Ahr, a spokesman for ICE in Arizona.

"We look . . . at violence, prior criminal history and evidence to suggest (undocumented immigrants) are participating in alien smuggling, hostage taking and kidnapping. Those are the ones we will roll on no matter what."

A traffic stop that yields no evidence of those crimes wouldn't make their list of priorities.



Reach the reporter at (602) 444-2478.





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