Thread: Baldacci quietly reversed immigrant order

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THERE IS A POLL ON THIS ARTICLE I AM GOING TO POST IT IN OUR POLLS SECTIONSaturday, August 12, 2006
Baldacci quietly reversed immigrant order
By KELLEY BOUCHARD, Portland Press Herald Writer

Two years ago, Maine civil rights leaders praised Gov. John Baldacci for issuing an executive order that prohibited state law enforcement officials from asking people about their immigration status without a compelling legal reason.

On Friday, advocates for the state's immigrant population criticized Baldacci after the governor revealed that the order had been amended quietly a year later, giving law enforcement the right to ask people about their immigration status at any time.

The change came to light Thursday when Baldacci mentioned it during a news conference on the state's response to the latest terrorist threat to U.S. security.

When first issued in April 2004, the governor's order banned authorities from asking about a person's immigration status unless they were investigating or prosecuting another illegal activity.

Baldacci changed the order in February 2005 because federal border patrol agents and others worried that it would keep state law enforcement officials from cooperating in federal investigations, state officials said.

Baldacci and other state officials said Friday that the change was meant to ensure national security and public safety in Maine. They said the change had no effect on state policy requiring law enforcement agents to avoid racial profiling and treat all Maine citizens with respect.

Still, representatives of five civil rights groups denounced the change Friday at the Center for the Prevention of Hate Violence in Portland. They called the change "deeply disturbing" and said it would foster a climate of fear and jeopardize public safety for all Mainers.

"We feel this change will make immigrants feel less safe and more singled out," said Beth Stickney, executive director of the Immigrant Legal Advocacy Project in Portland.

Others speaking out were Stephen Wessler, executive director of the center; Rachel Talbot Ross, president of the Portland Branch of the National Association for the Advancement of Colored People; the Rev. Virginia Rincon, executive director of Tengo Voz; and Shenna Bellows, executive director of the Maine Civil Liberties Union.

The governor's original order prohibited all state employees from asking about or disclosing a person's immigration status unless required by law to do so. Portland passed a similar ordinance in June 2003, like other cities across the country.

The governor's order was crafted with help from state officials and civil rights leaders after federal agents conducted immigration sweeps in Portland in January 2004 that left some newcomers afraid to leave their homes or send their children to school.

Specifically, the order banned state law enforcement officials from asking about a person's immigration status "unless investigating or prosecuting illegal activity other than mere status as an undocumented alien."

That section applied to members of the state police, the Maine Drug Enforcement Agency, the Maine Warden Service, the Maine Marine Patrol, state fire marshals and others. The governor deleted that section in February 2005.

"Border patrol had issues with it," said state police Maj. Robert Williams. "They were concerned that if we were working with them, we wouldn't be able to engage with people as they do."

While the original order was approved with great fanfare at a signing ceremony attended by civil rights leaders, the governor made no special announcement about the change.

Baldacci said the change simply clarified state law enforcement officials' ability to ask about immigration status in the usual course of their duties. "It was our belief they could always do that," he said.

Stickney and the other civil rights leaders said they learned about the change when the governor made it. Soon afterward, they started negotiating with him and his staff behind the scenes, trying to reverse the decision.

Those talks continued until last May, when they sent Baldacci a letter expressing their disappointment that the order remained unchanged and their hope that he might reconsider it.

Stephen Wessler said he and other civil rights leaders avoided criticizing the change publicly during negotiations because they hoped the governor would restore the deleted section. Once Baldacci mentioned the change publicly Thursday, Wessler said, they had to take a stand.

"We are making Maine less safe because we are deterring people from going to police," he said.

Wessler and the other civil rights advocates said their constituents include newcomers whom police have questioned about their immigration status. They said some of the immigrants are here legally but are afraid of what might happen if their paperwork isn't quite right.

The advocates said some newcomers fear being deported or jailed for long periods under strict federal laws on terrorism. They said they were unaware of any formal complaints of racial profiling or related behavior being filed against state law enforcement officials since the governor changed the executive order. However, they said, most immigrants would be afraid to complain.

Williams said state police have received no such complaints. He said state police are instructed in police academy and diversity training not to engage in racial profiling. As a result, he said, the governor's order had little effect on police activity when it was issued or when it was changed.

"We don't routinely stop people who look like they're from somewhere else and ask them about their status," Williams said. He noted that police rarely have to ask about immigration status because that information pops up when a name is run through state and national data banks.

The governor's order still contains a paragraph directing state law enforcement officials to cooperate with federal agents seeking aliens suspected of criminal activity. Another paragraph bans them from asking about the immigration status of "crime victims, witnesses or others who call or approach these agencies seeking assistance."

Staff Writer Kelley Bouchard can be contacted at 791-6328 or at:

kbouchard@pressherald.com

CHRONOLOGY
JUNE 2003: Portland prohibits city workers, including police, from asking people about their immigration status unless the contact involves a major crime, immigration issues or national security.

JANUARY 2004: Federal agents conduct immigration sweeps of Portland transportation hubs, an ethnic market and a social service center.

APRIL 2004: Gov. John Baldacci signs an executive order prohibiting state employees from asking about or disclosing a person's immigration status unless it's required by law.

FEBRUARY 2005: Baldacci removes language that had forbidden law enforcement from asking about immigration status unless it's part of a criminal investigation.

Reader comments
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Dick of Freeport, ME
Aug 12, 2006 8:02 AM
And we certainly don't want to ask somebody who is carrying a bomb whether or not they're a terrorist. What if the answer is yes! Gosh!

This tramples upon every right that we guarantee to people working and living here illegally, as well as those here to kill and maim our women and children. The next thing you know, Bush and his evil cohorts will be actually stopping terrorist acts before they occur.......Oh waitaminit, he already does that. Never mind.

DP of Westbrook, Me
Aug 12, 2006 7:36 AM
The Australian Goverment on July 5,2006 made a national speech to all immmigrants and said; "If you came to this country for a better life you are welcome, but if you came here to change our way of life then leave now." You will adapt to our language and swear to uphold our laws and be a citizen of our laws. Now, what is wrong with that statement and more than likely it is about time for this to be said in this country. To see illegal immigrants on parade with the Mexican flag and taking advantage of our generosity when they entered the USA as a thief in the night, is totally wrong. Wake up Americans!

Darlene of Augusta, ME
Aug 12, 2006 7:22 AM
For goodness sake, if a person is here legally they have no reason to be concerned. And, if they are not here legally, we should be deporting them. If you people are so concerned about someone's rights why don't you spend your time educating these legal immigrants to know that they are safe even if asked. We need to be more concerned about the safety of our legal residents.

matt
Aug 12, 2006 7:02 AM
Is there anything Governnor Baldacci won't do to advance politically? He keeps this info quiet until we're faced with a security issue and now he comes out, "look what I've down to protect you." However for the last year he's been talking with the various groups mentioned in the article, "behind the scenes" about altering this. He can't have it both way. I don't care if we elect Scooby Do in November, just have it be someone with a little more moral fiber the John Baldacci

.

All these so-called "people of color"...make me want to puke...

WHITE IS A COLOR TOO...AND I WANT MY RIGHTS PROTECTED AND PEOPLE IN THIS COUNTRY OUT OF HERE.

PEOPLE IN THIS COUNTRY

I L L E G A L L Y IN THIS COUNTRY...got ahead of myself there!

The illegal aliens should feel uncomfortable. After all, they broke the law! They are in this country ILLEGALLY committing ID fraud(a felony), fraudualantly obtaining social services, not paying taxes the list goes on and on! American public is being fleeced and our safety is at RISK!!!!

WHAT ABOUT THE AMERICAN PUBLICS RIGHTS!! THE RIGHT TO PROTECT THE AMERICAN PUBLIC FROM FRAUD, CRIME AND TERRORISM!!!

NOVEMBER IS COMING AND IT'S GOING TO BE A SHOWDOWN!! [/b]