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El Paso County seeks clarity from ICE
By Hector Gutierrez, Rocky Mountain News
May 18, 2005

The El Paso County commission chairman will write a letter to federal immigration authorities this week to express the county's frustration about the lack of clear guidelines on how sheriff's deputies should handle traffic stops of suspected illegal immigrants.

Chairman Jim Bensberg discussed the matter with the other commissioners and Sheriff Terry Maketa during a meeting Monday as the board waded into the immigration fray in the wake of the slaying of Denver Police Detective Donald Young.

The alleged gunman, Raul Garcia-Gomez, 19, might have been in the United States unlawfully and had been stopped for traffic violations three times by Denver police officers before the May 8 killing of Young and the wounding of his partner at a Denver dance hall.

Officers never referred Garcia-Gomez to U.S. Immigration and Customs Enforcement.

Sheriff's deputies often are put in a difficult position when they believe that a motorist they've pulled over for a traffic violation also may be in the country unlawfully, Bensberg said.

Deputies can be reluctant to contact federal agents about a motorist's immigration status because they know federal officials won't respond unless they are certain the driver is wanted for committing a felony, Bensberg said.

"My view is that if a police agency contacts someone who can't prove that they're in this country legally, they should be detained for ICE until the federal authorities can ascertain their status. And if they're in this country illegally, then they can take appropriate steps," he said.

"They are reluctant and most times will not detain a person for federal authorities to deal with unless it's a felony violation," he said. "It's 'Don't call us and don't bother us. We don't have the manpower; we don't have the money, we don't have the resources.' I find that troubling."

Jeff Copp, special agent in charge of ICE's four-state region, said his agents are willing to work with any local law enforcement agency to provide training on how to detect bogus documents and improve communications between his agency and local authorities.

"We're more than willing to work with state and local departments on when and how they can contact us," Copp said.

He said it remains up to the individual deputy or police officer and their department's policies on how they should deal with motorists who might be in the country unlawfully.