Thread: N.C.: A third resolution on the immigration issue could come

A third resolution on the immigration issue could come before county commissioners
Comments 13 | Recommend 2
April 23, 2009 - 5:53 PM
Robert Boyer / Times-News

The Alamance County commissioners may soon consider yet another resolution related to a controversial immigration enforcement program if a local attorney follows through on his request.

At Monday's commissioners' meeting, Burlington attorney Ebher Rossi asked board Chairwoman Linda Massey if the commissioners "would consider supporting the equal protection clause of the United States Constitution."

"If you bring that to us and let us look at it - I have no idea what it even is," Massey replied. That brought laughter and clapping from those who supported Commissioner Ann Vaughan's motion for an independent federal investigation of the sheriff's 287 (g) program.

The clause, in Section 1 of the Fourteenth Amendment, states that no state shall "deny to any person within its jurisdiction the equal protection of the laws."

On Monday, the board rejected Vaughan's resolution in favor of another from Commissioner Tim Sutton calling for support of the immigration enforcement partnership and "its complete and continuing implementation by the Sheriff's Department in Alamance County."

Named after a section of federal law, 287 (g) trains and authorizes local lawmen to enforce federal immigration law and process illegal immigrants for deportation.

The sheriff's office is profiling Hispanics by arresting them for minor traffic stops, among other things, critics say. A recent Times-News study showed that nearly 1 in 4 of those deputies stopped and charge with traffic violations from 2006 to 2008 were Hispanic. "I'm not sure it suggests profiling ... but it raises the inference of profiling," Rossi said.

As an attorney who works in District Court "five days a week," Rossi said he doesn't "see any white people being arrested for driving without a license, but I do see Hispanics arrested for that charge."

Rossi said he will provide Massey with a draft soon and added he wants his resolution to serve as a reminder to the commissioners to uphold their oaths to support the constitution.

Despite the commissioners' 4-1 rejection of Vaughan's motion, Rossi thinks the majority of Alamance County residents oppose 287 (g).

In an effort to bolster his contention, he points to Rick Gunn, a Burlington real estate broker who lost his bid for a state Senate seat, and former Commissioner Bill Lashley, a longtime board member who was defeated in his reelection bid last November. Both Republicans were pro-287 (g) and received strong endorsements from Sheriff Terry Johnson.

Moreover, 287 (g) supporters represent a "small, vocal group of people who are extremely intolerant," Rossi said. "We live in a small community where it is politically acceptable to make outlandish racist comments."

Before voting on Sutton's pro-287 (g) proposal, Commissioner Eddie Boswell instructed those who "feel 287 (g) is not a fair program" to "spend your time in Washington and don't spend it here in Alamance County because we're wasting the valuable time of our deputies over there."

Based on his earlier conversations with Boswell, Rossi thinks Boswell's remarks signal a significant change in position. "We have the right to petition our government for redress of wrongs. Regardless of what Mr. Boswell thinks, we shouldn't be told we have to petition a different part of the government."

On Wednesday, Boswell said he has changed his position "to a certain degree."

His recent review of federal Immigration and Customs Enforcement documents at the county jail "and actually seeing how (ICE officials) control" 287 (g) quelled his earlier concerns and caused him to change his position.

A recent fatal crash involving an illegal immigrant "caught my attention" and was a factor as well, Boswell said.

Boswell said he wasn't suggesting that county residents can't petition their local government for redress, but was rather pointing out that local and state governments don't write immigration law.

"I don't totally agree with immigration law myself," he said.

Nevertheless, Boswell thinks the sheriff should enforce those and other laws.

Despite their disagreement over the issue, Boswell said he respects Rossi and the work he does.


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I'm so sick of this BS! Living in Brooklyn's 8th Av. Chinatown 49 out of 50 people I pass on the street are Chinese so logically 49 out of 50 police actions in this neighborhood should involve Chinese people. The only alternative would be to profile individuals such as myself or others just passing through to bring that number down. Talk about reverse discrimination!