'Sanctuary' policy hot topic
Mayoral hopeful attacked on calls

Matt Dees, Staff Writer

DURHAM - The Police Department is recommending the city repeal a policy that bars officers from inquiring about or trying to ascertain the immigration status of any person.

It could spell a political victory for Thomas Stith III, a City Council member and mayoral hopeful who has taken a drubbing for raising the issue.

Deputy Chief Ron Hodge will propose the repeal to the council at a Thursday work session.

He's recommending repeal "in order to make it clear that it is not council's intent to hamper the ability of its police officers to use all lawful means for addressing serious criminal activity," according to a memo provided by Stith on Monday night.

"It's not profiling people. It's not hassling people. During the conducting of a full investigation, they have the ability to ask [immigration] status," Stith said.

Stith has been criticized in local Web blogs for a round of "robo calls" over the weekend where people heard a recorded message saying: "Did you know that Durham is a haven for illegal immigrants?"

"It's divisive," Mayor Bill Bell said in an interview after Monday night's meeting, noting that he received scores of e-mail messages outraged about the call.

Stith said the policy is why Durham is designated as a "sanctuary city" in a report to Congress on the role of state and local government in enforcing immigration laws.

Stith voted for the policy in 2003 but says now he thinks it could jeopardize federal Homeland Security funding and could violate state law requiring police to verify the status of anyone charged with a felony or driving while impaired.

Hodge told the council at a recent meeting that the police do check the status of many people they arrest, leading Stith to counter, "Our policy does not match our practice."

Stith's mass calls -- he said he didn't know how many households received them -- drew about 80 protesters to the council meeting.

The phone message said the policy change was on Monday's agenda. It wasn't. It is scheduled to come up at the work session at 1 p.m. Thursday.

Bell said he's "perfectly willing" to consider changing the policy, though he said he hasn't seen Hodge's memo.

"The issue is the tactics that Thomas used over the weekend in putting out the call he put out, getting this community in an uproar," Bell said.

Mauricio Castro, a member of the activist group Durham Congregations, Associations and Neighborhoods, said changing the policy could open a window for profiling against people who look as though they may be undocumented.

"What we're here for is not to defend the rights of people who are breaking the law," he said. "We are here to protect the rights of hard-working families."

Bell noted Monday that the city attorney has not reviewed Hodge's recommendation, which means city administrators at the highest levels haven't signed off on it.

Just because Hodge has recommended it "doesn't mean that's what council's going to adopt," Bell said.

matt.dees@ newsobserver.com or (919) 956-2433

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