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07/25/2006
Police reject training
By: Gregg MacDonald

The legal watchdog group Judicial Watch recently released government documents indicating that some law enforcement agencies, including several in Virginia, have declined to participate in a program that would allow them to enforce federal immigration laws.
Judicial Watch obtained the documents from the Department of Homeland Security through the Freedom of Information Act.

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The documents list a number of specific police agencies that are not participating in the program, including the Virginia State Police, Loudoun County Sheriff's Office and the Town of Herndon Police Department.

Since an initial invitation to participate in January 2004, these three localities have failed to follow through, according to the Homeland Security document. Former Gov. Mark Warner (D) "wouldn't approve the MOU [memorandum of understanding] for the State Police, no contact with Loudoun County or Herndon since initial phone conversations," the document states.



How it works

The 1996 Illegal Immigration Reform and Immigrant Responsibility Act authorized the U.S. attorney general to enter into an agreement with a state or locality to train officers to enforce federal immigration laws. The Secretary of Homeland Security now oversees this program, according to the released documents.

Local law enforcement officers can receive immigration enforcement training-called "287(g) cross designation training"--through the Bureau of Immigration and Customs Enforcement (ICE), which is part of Homeland Security.

The cost for the five-week program is about $500 per officer, "including student handouts, workbooks, training materials and law books."

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

After completing the course, officers receive certification from ICE that allows them special authority regarding immigration violators. After certification, ICE continues to provide supervision and support to officers, providing access to the national database for help in determining whether a suspect is an immigration violator.



Why police said 'no'

Virginia State Police spokesperson Corrine Geller said that, at the time the agency was invited to sign the program agreement, Springfield Del. David Albo (R-42nd) had just introduced House Bill 570, which also addressed the enforcement of immigration laws by all law enforcement officers.

The bill was approved, so state police superintendent Col. Steve Flaherty decided there was no reason to enter into an agreement with ICE, Geller said.

Asked if Flaherty recommended that Warner decline the agreement, Kevin Hall, press secretary to both Warner and current Gov. Tim Kaine (D), replied, "That is my recollection."

Albo's 2004 bill, now state law, has a more limited scope of immigration enforcement than the agreements with ICE. It states that police may arrest illegal immigrants who are suspected of committing a crime and have a prior felony conviction. The immigrants can then be detained for up to 72 hours without being charged with a crime for transfer to federal authorities.

Albo also was among the patrons of a failed bill in this year's session that would have forced the governor to enter into an immigration enforcement agreement with federal officials.

The ICE program provides state and local law enforcement with the authorization to identify, process and detain immigration offenders they encounter during daily law enforcement activity, regardless of whether a crime is occurring or has been committed by that individual.

Law enforcement officials also said they do not necessarily want the authority to enforce immigration laws.

Geller said the state police are already stretched thin and were afraid that immigration sweeps could damage relationships with the state's Latino population.

"Tackling issues and laws already authorized for enforcement by the federal government could overburden a local agency," said Loudoun County Sheriff's Department spokesman Craig Troxell. "This would pull resources that are already set forth to protect the day-to-day quality of life issues of the community they serve."

Likewise, Herndon Police Chief Toussaint Summers said, "We're waiting to see what the state police do on this. We are too small an agency to do this on our own."



Critics' response

"Some local law enforcement agencies claim they lack the ability to enforce our nation's immigration laws. These documents prove that claim false," said Judicial Watch President Tom Fitton. "Local communities that want to help enforce immigration laws can do so legally and cost-effectively."

Fitton cited examples from the report of successful enforcement in Alabama, Arizona, California and Florida. Officers trained by ICE have made 820 immigration-related arrests since the program began in 2002, according to the documents.

"This is a sensitive issue, and politicians are just protecting their political careers," said Phil Jones, head of Help Save Herndon and Help Save Virginia, which support stricter local and national controls on immigration.

"Unfortunately, those political careers are often not in line with the people of the communities they represent," Jones said.






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