'Don't ask, don't tell' immigration era ending
An ASU student may face deportation after traffic stop
Dianna M. Náñez
The Arizona Republic
Apr. 24, 2007 12:00 AM

A Valley college student's impending deportation hearing has become a symbol of the end of a "don't ask, don't tell" immigration policy.

Manuel Espinoza-Vazquez, 20, was thrust into an ongoing immigration-enforcement debate after Gilbert police stopped the Arizona State University student on March 9 for an improper right turn.

Police determined that he had a blood-alcohol content of 0.02 percent, well below the 0.08 percent legal limit for drunken driving. They cited him for underage drinking and called federal immigration officials when the student presented a Mexican ID.

Matt Wheeler, Espinoza-Vazquez's former math teacher at Gilbert's Mesquite High School, said it pains him to see one of his best students facing deportation.

"He's lived here since he was a toddler," he said. "He graduated . . . with 20 college credits . . . (and) a certificate for never missing a day of school. I don't understand why these kids are having to pay for a crime they didn't commit."

For some, the potential deportation of a foreign national without legal immigration status is evidence that increased immigration-enforcement efforts are working. Others, like Wheeler, think Espinoza-Vazquez has become a human casualty of a broken immigration system.

Gilbert Mayor Steve Berman said he is relieved to see Immigration and Customs Enforcement become more responsive to local police departments' problems with "illegal aliens."

"If people break the laws and if they're here illegally, I would like to have them deported right away," he said. "Get rid of them and stop them from putting any unnecessary costs on citizens."

Last month, federal immigration officials told The Arizona Republic they instituted a policy in September to respond to every call from local police departments asking them to pick up undocumented immigrants involved in criminal activity. The policy was established after local police complained about ICE's poor response.

Since launching the effort, ICE has maintained a 100 percent response rate," said Alonzo Pena, special agent in charge of ICE for Arizona.

Pena lauds recent immigration enforcement partnerships with the Maricopa County Sheriff's Office and Phoenix Police Department.

The Maricopa County/ICE partnership will make the sheriff's office one of fewer than 10 law enforcement agencies nationwide to have entered into similar agreements. A less formal partnership between ICE and Phoenix is a first for the city. Previously, Phoenix police were concerned that their involvement in immigration enforcement would threaten undocumented immigrants' willingness to report crimes.

Maricopa County Sheriff Joe Arpaio said he recently graduated the first of 35 deputies and detention officers from the ICE program. They have arrested 176 suspected undocumented immigrants in four weeks.

Alessandra Soler Meetze, Arizona American Civil Liberty Union's executive director, said traffic stops that lead to questions about citizenship could also lead to racial profiling.

"Just because someone shows a Mexican ID does not mean they aren't legal residents. Singling out this class of people is wrong and leads to costly lawsuits," she said.

Rep. Russell Pearce, R-Mesa, said police are trained to avoid racial profiling.

"Police have been enforcing immigration for decades," he said. "The federal government may have authority over immigration policy, but states have the right to enforce federal policy."

Jose Garcia, a retired Mesa police officer and Chandler civil rights advocate, said his involvement as a plaintiff in a 1997 lawsuit against Chandler for immigration sweeps based on race has heightened his concerns about local police involvement in immigration enforcement.

"In the (Chandler) roundups, they went into people's houses and only asked dark-skinned people about their status," he said.

The Chandler case was settled, and the city released a report that stated police were poorly trained and supervised for the immigration enforcement sweeps but never intended to violate the civil rights of Hispanic residents and legal immigrants.

On March 10, the day after Espinoza-Vazquez's arrest, ICE officials deported three teens who were stopped by Gilbert police for excessive speed.

The teens' mothers said they were never told their children had a right to an attorney or a right to remain silent when police asked them about residency.

Within days of the teens' deportation, Gilbert Police Chief Tim Dorn issued a department memo to all personnel regarding immigration enforcement.

According to the March 15 memo, Gilbert police may contact ICE in cases of criminal activity, gang activity, human smuggling and identity theft/fraudulent identification "if the officer has reason to believe the person may be in violation of federal immigration laws." Gilbert police are prohibited from calling ICE in cases involving non-hazardous or civil traffic offenses, according to Dorn's memo.

Andrew Duncan, a Gilbert police spokesman, said officers are not allowed to make random contacts with people for the sole purpose of determining immigration status and cannot use race or ethnicity alone as a basis for questioning residency status.

Though the memo also restricts Gilbert police from transporting individuals to ICE, a Gilbert police report indicates an officer and his trainee transported Espinoza-Vazquez to Phoenix and released him to ICE officials.

Espinoza-Vazquez is awaiting notice of his deportation hearing. He said his family hopes to find an immigration attorney to represent him at the hearing.

"I'm scared . . . and my little sister cries," Espinoza-Vazquez said. "But I'm focused on school. While I was in detention, I missed class for the first time. I just want to graduate."

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