http://www.timescommunity.com/site/tab5 ... 1691&rfi=6

09/27/2006
Town toughens stance on illegals
By: Gregg MacDonald

Three resolutions proposing to curb illegal immigrant activity within the Town of Herndon-including one that would enable the Herndon Police Department to become the first known Virginia law enforcement agency to receive immigration enforcement training from the Bureau of Immigration and Customs Enforcement (ICE)--have been drawn up by council.

Despite telling The Times "we are too small an agency to do this on our own" just two months ago, Police Chief Toussaint Summers recommended to council during a Sept. 19 work session that the council submit a "letter of interest" to BICE concerning the training procedures.

When asked what prompted his change of heart, Summers told The Times that he had previously been under the wrong impression that BICE would not contract with a municipal police force, only with state agencies. Asked how he became enlightened, he replied, "I don't remember."
Since 1996, the Illegal Immigration Reform and Immigrant Responsibility Act has authorized the U.S. attorney general to enter into an agreement with any state or municipality to train officers to enforce federal immigration laws. Local law enforcement officers receive immigration enforcement training, called "287(g) cross designation training," through BICE, which is part of Homeland Security.

The previous $500 cost for the five-week training program has recently been waived.

A statement released by the Department of Homeland Security in July points out that Herndon last initiated contact with BICE in January 2004 but that the town since has had no further contact with the agency.

Asked at a recent media event about his renewed interest in the federal training program, Summers answered, "The reason I looked into it (before) was because there was some interest in the community and in the town council, and obviously there is some renewed interest in the current council."

Once a police agency applies and gets approval for the program, BICE and the agency create a memorandum of agreement (MOA) to outline the specific responsibilities appropriate for the law enforcement group's needs and capabilities. BICE then develops a specialized training course for that agency, focusing on immigration law, civil rights, intercultural relations and the issues surrounding racial profiling.

"I would suggest," said Town Attorney Richard Kaufman during the town's last work session on Sept. 19, "that the mayor and town council might want to focus the MOA on gang activity performed by illegal aliens."

Summers said he plans to do just that. He recommended to council, that same night, that the highest priority of the training be focused on "criminal aliens who pose a threat to national security and public safety."

Opponents of the training point out that it is not needed, citing Summers' own admission that violent crimes in Herndon have fallen 26 percent between 2002 and 2005 and that his agency already has authorization to detain persons suspected of being illegal aliens for up to 72 hours.

Under current Virginia law, law enforcement officers can detain illegal aliens if they are suspected of a crime or are convicted felons. Under the new training procedures, those restrictions would be lifted and officers could also "get the ball rolling on the initial deportation paperwork," according to Summers.

Many still say the immigration training brings little to law enforcement and sends the wrong message to foreign-born members of the community who are already fearful of random immigration raids.

"ICE currently is in the area, and you don't see ICE running over there now," said the chief during a recent press conference. "We wouldn't have anymore authority than ICE has now."

Still, no other known Virginia law enforcement agency has accepted the training, and some, such as the Virginia State Police, have stated that the training would impede rather than enhance police work by alienating immigrant contacts.

The other two resolutions, currently being drafted by the Herndon Town Council, would "enforce procedures to ensure that town contractors do not hire illegal aliens" and that "illegal aliens do not receive business licenses from the town."

Draft copies of these resolutions were recently posted on Vice Mayor Dennis Husch's "Cyber Advisory" Web site.

In their current drafts, both resolutions place duties on the Herndon town manager's office to utilize "administrative tools to enforce these provisions. These tools include audit, verification, and field investigation."

On Tuesday, Town Manager Steve Owen said he had not yet been made aware of the resolution drafts but that some language addressing these issues already exists in the town's general conditions for contractual agreements.