Thread: AZ:Sheriff could deputize agents of BP if bill passes

Tucson Region
Sheriff could deputize agents of BP if bill passes
By Erica Meltzer
Arizona Daily Star
Tucson, Arizona | Published: 01.20.2008
Pima County Sheriff Clarence Dupnik would be able to carry out his plan to deputize Border Patrol agents who work with his border crimes unit if a bill introduced in the state Legislature becomes law.
The sheriff withdrew an agreement that would have allowed a Border Patrol agent to work closely with the county's border crimes unit, and given that agent the authority to enforce state and local law, in the face of vocal opposition at a Board of Supervisors meeting earlier this month.
But Rep. Jonathan Paton, R-Tucson, has introduced a bill that would allow county sheriffs to enter into agreements to cross-certify Border Patrol agents without approval of the Board of Supervisors.
"Having worked in a joint environment in the military, I can understand the need for cooperation," said Paton, an Army Reserve officer who has served in Iraq. "And there is no sense in it being a political issue. It's strictly a law-enforcement issue."
The bill also would give city and town police chiefs the authority to enter into agreements with the Border Patrol without approval of the city or town council.
While sheriffs are elected officials, police chiefs are city or town employees.
Tucson City Attorney Mike Rankin said the bill could have legal implications for cities whose police chiefs get their authority from the city charter, which is like a constitution for the city. The chief's new authority under state law could conflict with charter provisions that require the council to approve any agreement that binds the city to another entity, he said, adding that he wasn't sure what the impact would be in Tucson.
Dupnik said he supports the measure and will go ahead with the agreement with Border Patrol if the legislation passes.
Since the border crimes unit started last fall, there have been several instances where sheriff's deputies encountered Border Patrol agents unexpectedly in remote areas and late at night, Dupnik said.
"We found ourselves stepping on each other's toes, and we thought, 'If we don't do something, someone's going to get killed out here,'" Dupnik said.
Dupnik said the idea of assigning a Border Patrol agent deputized to enforce state and local laws as well as federal immigration laws to work with the border crimes unit came from the Border Patrol.
He said it was the Border Patrol that wanted a formal intergovernmental agreement, which requires approval from the county Board of Supervisors.
The proposal came to light amid controversy over the role of local police in enforcing immigration law. In November, a Catalina High Magnet School student and his family were deported after school officials found marijuana in his backpack and called Tucson police, who notified the Border Patrol after learning the family was here illegally. That incident led to protests and counterprotests, and the Police department promised not to call Border Patrol to local schools.
Then in December, a Tucson police officer called Border Patrol to the scene of a traffic stop, resulting in the deportation of a couple whose three children are U.S. citizens.
But Dupnik said his department has no desire to enforce immigration law, and the proposal was about protecting the safety of officers in the field, not broadening the mission of either agency.
"Because he's going to be working with us full-time, he'll be able to get us operational and intelligence information that's sorely needed," Dupnik said.
When the agreement came up for discussion, activists from immigrant-rights groups like Humane Borders and Derechos Humanos said it would institutionalize racial profiling. Some rural residents said they feared harassment from Border Patrol agents with expanded powers.
Sensing he didn't have the votes to get the agreement approved, Dupnik withdrew the proposal. But he said his opponents are a vocal minority who don't represent the average Pima County resident.
Pima County Supervisor Richard ElÃ*as, who opposed the agreement, criticized Paton's proposal.
"It's just another example of the state Legislature trying to usurp local control," he said. "And coming from Mr. Paton, it's his typically backwards way of thinking."
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How much money does this country spend on law enforcement for this INVASION??? Wouldn't it be easier to start deporting? Put our troops on OUR border instead of South Korea,Kuwait Saudi Arabia,IRAQ, Germany,Japan!!!! This is disgusting.

Originally Posted by wilma1

How much money does this country spend on law enforcement for this INVASION??? Wouldn't it be easier to start deporting? Put our troops on OUR border instead of South Korea,Kuwait Saudi Arabia,IRAQ, Germany,Japan!!!! This is disgusting.

I think they need to bring back the draft to ensure that troop levels are maintained. Also, it would stop the fact that no rich kids have to serve.