Thread: Escondido police working on immigration issues

http://www.nctimes.com/articles/2006/12 ... 2_9_06.txt

Escondido police working on immigration issues

By: JO MORELAND - Staff Writer

ESCONDIDO ---- A new law enforcement policy and a set of procedures to better handle crime-based illegal immigration issues in the city are being developed by Escondido's new police chief and will be considered by the City Council by mid-January.

Police Chief Jim Maher said during an interview last week that, his department was developing, among other things, a comprehensive policy that will include ways to deal with people in this country illegally who are involved in criminal activity such as drugs and gangs.

"We need to stay neutral, (but) I don't think anybody wants to keep criminals in the community," said Maher, who was sworn into office in mid-July.

While the proposal is receiving mixed reaction from some community members, three of the five Escondido City Council members who could be reached for comment late last week ---- Ed Gallo, Sam Abed and newly elected Dick Daniels ---- strongly endorsed Maher's goals.

"I will support any effort the city does to address the impact of illegal immigration," Abed said.

However, spokespeople for community activist groups were more cautious, concerned about exactly what the policy will say, whether it will be properly worded, how it will be enforced, and how much confidentiality police will allow people trying to report information about crimes.

"I'm encouraged that the chief of police would reach out to the Latino community to get input in developing these policies," said Bill Flores, spokesman for El Grupo, a coalition of Latino agencies and groups. "The Police Department does not operate in a vacuum."

Consuelo Martinez, spokeswoman for the Escondido Human Rights Committee, said it sounds as if police "are making an effort to at least communicate."

"If they are going to be involved in the immigration issue, there should also be some cultural and sensitivity training as well," Martinez noted.

Flores and Martinez have appointments to talk with Maher this week about concerns of possible racial profiling by officers at police checkpoints for sobriety, licenses, insurance and registration.

Maher said those discussions are part of what the agency will be doing during coming months to help maintain the safety of everyone in the community.

A mostly blue-collar inland city of 142,000, with a growing Latino population of about 43 percent, Escondido has been struggling with high-profile illegal immigration measures and incidents this year.

They started with student protests in the streets against proposed tougher federal illegal immigration measures last May and continued through angry demonstrations this fall at Escondido City Hall against a city rental law penalizing landlords who rent to illegal immigrants.

A federal judge has issued a temporary restraining order against that measure, which was approved 3-2 by the City Council in October.

Dual issues

Faced with continuing illegal immigration concerns on both sides, Maher said police have to be able to protect the safety of everyone in the community while enforcing the laws.

A key part of that, he said, is not losing the confidence of people who help officers.

Illegal immigrants are also victims of crime, such as homicides and rapes, and crime victims should have the right to seek justice, too, Maher said.

"If you think that our officers are officers of the Border Patrol, you're not going to report that information to us," the chief said. "And I can't afford to lose that."

As part of what he is trying to do, Maher said, he is seeking to expand the legal process to deal with people who are in this country illegally, involved in such ongoing crimes involving gang violence and illegal drugs, but aren't under arrest.

The immigration status of anyone booked into county jails is routinely checked by U.S. Immigration and Customs Enforcement.

"Where it gets a little bit blurred is a documented gang member that I know is not a citizen" who isn't in jail, Maher said. "I don't have the authority as a city police officer to pick (him) up."

He said he is trying to work out a procedure to pass information to immigration authorities so they can remove that person from the community.

The comprehensive policy being developed will lay out a removal process, the chief said.

Police say they don't have statistics on how many illegal immigrants are arrested for criminal activity in the community.

"We're going to start tracking all our reports," Maher said. "As far as our gang members, we are in the process of having them reviewed one by one to determine if they're citizens. That's a slow process, and obviously they're not cooperating with that."

Maher said he wants to brief the City Council on the policy, and it could be approved by mid-January, if not sooner.

"This is a very controversial issue and I need to have the officers know what's expected," he said.

Daniels expressed an interest Friday in cross-training Escondido police so they could also enforce federal immigration laws. Maher said earlier during the interview that he had looked into that.

"We're not going to do that," because immigration status is already checked at the jails and Immigration and Customs Enforcement can handle criminals here illegally, said the chief.

Training important

In addition to talking with officers now about immigration issues and appropriate ways to handle incidents, Maher said, they will also be trained in the new policy.

A recent incident involved retired teacher Tisha Bennett of Escondido, who filed a police report alleging that two Latino men struck her Nov. 22 while she was photographing potentially illegal immigrant day laborers being picked up on Quince Street.

Bennett said an English-speaking Latino man living here legally helped her then and has since reported what he saw to police, but she was "very disappointed" in two police officers who responded and didn't interview the witness at the time.

"They were saying, 'Well, you provoked this,' " said Bennett.

However, their sergeant was very polite and made sure a report was taken, and Maher called her personally last weekend, Bennett said.

"Everything that they can do will help," she said Friday about the chief's plans.

However, Bennett added, it would be safer for everyone if all the laws are enforced, including traffic ordinances.

Issues mount

In an effort to curb hit-and-run accidents and property damage caused by unlicensed, uninsured drivers who sometimes are in unregistered vehicles, police have been doing checkpoints all year throughout the city.

Flores and Martinez said they get numerous complaints about suspected racial profiling by officers at the checkpoints, and the checkpoints are a significant issue.

Her committee has monitored checkpoints, and sometimes people confuse the tan uniforms of San Diego County Sheriff's Department deputies who help police during those operations with Border Patrol uniforms, Martinez said.

Maher said during his interview that police will help Border Patrol only with spontaneous criminal activity, not with preplanned sweeps or operations.

Police enforcement of extremist groups against illegal immigration, the housing rental law, and other government actions perceived as discriminatory are also big issues, said Flores, a retired sheriff's deputy and administrator who was also an Encinitas school board member before moving to Escondido.

"We don't have any enforcement role on the ordinance," Maher said. "Our role on that is like any other issues ---- we just have to keep the peace."

Maher said that police are also working on a pamphlet in English and Spanish for the community to explain the Police Department's role in immigration issues.

The pamphlet, being prepared through the Chief's Community Advisory Team, will be made available through school, police officers and places in the city, Maher said. He said he was trying to get that out next March.

Ron Newman, a former San Diego police official who just left the Escondido City Council, said Friday that Maher appears to be trying to be more proactive in dealing with illegal immigration issues, rather than reacting to incidents.

"It sounds like Jim is probably on the forefront of what we should be doing," Newman said.

The police chief's plans show that he is forward-thinking and willing to cultivate confidence and trust, Flores said.

"There is the delivery issue," he added. "It's one thing to say it and another to do it."

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Comments On This Story

Note: Comments reflect the views of readers and not necessarily those of the North County Times or its staff.

US Citizen wrote on December 09, 2006 11:58 PM:"About time we have a police chief that isn't afraid to enforce ALL the laws. I've lived in Escondido for 51 years and for many of those years I have wondered who controls the city. These activist groups are worried about "Racial profiling by officers at police checkpoints for sobriety, licenses, insurance and registration." If they're legal in all areas than what's there to worry about? "If they are going to be involved in the immigration issue, there should also be some cultural and sensitivity training as well." Tell me .... Why should our city have to be sensitive to anyone breaking our laws?"

ICE can handle criminals here illegally? wrote on December 09, 2006 11:59 PM:"Perhaps the Escondido Police chief should get more familiar with federal law. Illegal aliens are criminals just by being here without authorization and without registering. Apparently, what the cowardly Police Chief meant to say was that ICE can handle the criminals that commit crimes that are politically unpopular, like rapes, and ICE can continue to ignore criminals that commit crimes that El Grupo and La Raza want committed without consequence. The Escondido Police Chief wouldn't want to anger the hordes of angry foreign aggressors crowding in upon our commmunity by getting his dear officers trained and authorized to enforce the immigration crimes existing in our community."

Actually Invaded! wrote on December 10, 2006 12:07 AM:"Federal permission and training IS NOT NEEDED under an express provision of the US Constitution! 'No State shall, without the consent of Congress, . . . engage in War, unless actually invaded . . . .' US Constitution, Article I, Section 10. Escondido and California have been 'actually invaded'! The Escondido Police Department can detain and deport all illegal aliens within it jurisdiction, and the Federal Government is violating the constitution if it uses any force to stop such constitutionally sanction actions."

Escondeeter wrote on December 10, 2006 12:36 AM:"Here we go with the old bogus 'profiling' charges again. These 'rights' groups are like a broken record.... a broken sixties record. When the folks who are driving without a license are predominently from one ethnic group, the folks busted for driving without a license will be predominently from one ethnic group. It's called 'reality'. Get used to it. "

Skip wrote on December 10, 2006 12:41 AM:"RE: "We need to stay neutral, (but) I don't think anybody wants to keep criminals in the community >>>>> If this is referring to Illegal Aliens, then they are all criminals. If one is "Illegal" then they have committed a crime just by being here. Sounds simple to me."

Sensable wrote on December 10, 2006 3:03 AM:""If they are going to be involved in the immigration issue, there should also be some cultural and sensitivity training as well," Consuelo Martinez That is about the dumbest thing I've ever heard. Have you hugged your ax murderer today? They are criminals Martinez! Really, these people are criminals! Do you want the police to powder their bottoms too? Sensitivity training would just be a waste of money. They are not in police custody long enough to get a warm fuzzy from the jailers. That's not the police departments job. "

Ron wrote on December 10, 2006 7:05 AM:"Talk about walking on egg shells... Look, everyone knows Escondido is flooded with illegals, and if the Escondido police department picks up a suspect for any crime, I believe it is their duty to check all suspects immigration status as part of their investigating crimes. It's just the reality on the ground, and common sense. Illegal aliens activist groups like El Grupo and the Escondido Human Rights Committee will do everything in their power to influence the policies so they are NOT effective. They will seek to water them down to the point where the policies are worthless. "

Docment Fraud wrote on December 10, 2006 7:32 AM:"Mahar must think that certain crimes committed by illegals are good crimes. The EHRC appears to be a committee of one person. El Grupo appears to be a group having three members."

Neutral? wrote on December 10, 2006 7:40 AM:"Refusing to get trained and authorized to enforce immigration laws is not being neutral. Such refusing is turning a blind eye to human smuggling, foreign agression, and blight generating slumlord practices. The Escondido Police department needs to get to work on eliminating these criminals from our community. NOW!"

Actually you are not correct. wrote on December 10, 2006 7:51 AM:"It's called a Memorandum of Understanding which the local police department must enter with the immigration department. Training is necessary and if one officer in any city is enforcing immigration with this MOU there will be serious consequences. Any officer who is going to enforce immigration law outside of his regular duties must be trained. The training is costly and time consuming. Perhaps old Marie should have used the taxpayers dollars for training officers rather than flushing our valuable dollars down the toilet with her ridiculous housing ordinance. I hope you all realize that once this enforcement begins there will be the Consuelo's and Bill's out there montoring. I will be the first to ask to see the MOU allowing officers to enforce immigration law."

I want them to enforce all our laws! wrote on December 10, 2006 8:23 AM:"These people in the country illegally don't even ride their bikes within our laws. We NEED to have a police force that is cross trained by the Border service. They need to get tough with these ILLEGAL aliens who are FELONS just by being here."

Why didn't the NCT's wrote on December 10, 2006 8:26 AM:"cover the peaceful demonstration remembering all the CITIZENS killed by ILLEGAL aliens held in San Diego? Racial profiling could save lives!!!"

To document fraud wrote on December 10, 2006 8:29 AM:"I would not be so sure of that! But if you are correct they sure seem to have credibilty as I read their names and the names of their organizations everytime there is an article written about Escondido when human rights are being violated. Come on lets give credit where credit is due, they are making an impact and forcing city officials, police officers, and even you responsible for your actions. Good job Bill and Consuelo for your deidcation, and devotion to fair play."

To why didn't they??? wrote on December 10, 2006 8:35 AM:"When a person is killed by another person regardless of the circumstances it is tragic. It does not make it more of a tragedy because one was killed by an "illegal immigrant" why should special coverage be given to any group who is using a tragic circumstance to perpetuate hate towards a group of people as whole because of the mistakes of one. My cousin was killed in auto accident. The driver was drunk driving and he was a caucasian man. I do not look at all caucasian males as drunk driving murders, nor should I attempt to make others feel this way. I am glad that the NCT did not report on this "peaceful demonstration" because I think peace was not involved here. I appears that the agenda of anyone who uses the term "illegal immigrant" is one of hate and anger and just where does the word peace come in?"

Tony wrote on December 10, 2006 9:44 AM:"As a Hispanic AMRICAN and former San Diego county resident it always catches my eye on the web when I see anything on Immigration in southern California. If any of you out there think illegals don’t need to be stopped from breaking the law and coming here in the uncontrolled numbers that they do, you only need to look at France, Eastern Canada, or anywhere else people are not assimilating. I grew up in San Diego and as a third generation Hispanic I can tell you most of the new Mexican culture is anti American and they do not for the most part respect our laws it's obvious by there first act to enter this country. The only ones that want this uncontrolled invasion are the illegals themselves and racist Chicano groups, yes racist they are very extreme and will change that part of our country with the shield of racism and the club of political correctness. If loyal Americans don’t stand up to them"

Scott wrote on December 10, 2006 9:58 AM:"I think Bill Flores has a place at his house for all the illegals."

Robert24 wrote on December 10, 2006 10:01 AM:"As I write this, there are 12 postings, all saying the same thing. Mr. Flores and Mr. Martinez, the legal citizens of the United States are sick and tired of illegals demanding rights and considerations that they have not earned. No, we do not need to "accompany", be sensitive, or try to understand the Latino community. The Latino community needs to become legal citizens, embrace America, and, most imortantly, obey our laws, and help enforce them as they regard illegals. What a racist statement these men make in thinking that any illegal alien, of any nationality, has any rights here whatsoever. "

Patricia wrote on December 10, 2006 10:03 AM:"A Latino woman walked out in front of my vehicle without even looking on Mission last week, I had to slam on my brakes and was almost hit from behind by another car. Many Latinos ride their bikes on the sidewalks and also against traffic when on the road. Both of these are in violation of the vehicular laws and expose them ,as well, as others to grave harm. Please ask the police to enforce ALL our laws, including theft of shopping carts, among hundreds of other violations. If the Latio population wants to be welcome, they should stop the tagging ,littering, drunk driving, hit and run accidents, etc. that costs our city thousands of dollars to correct. There is a hugh drain on our city caused by one group of people. Is it any wonder that they are resented by others?"

El Guero wrote on December 10, 2006 10:17 AM:"Gee, former city councilman Ron Newman seems to be offering praise to police chief Maher for being 'proactive in dealing with illegal immigration issues,' saying 'it seems Jim is probably on the forefront of things we should be doing.' Whaaaat? This is the same guy who smeared his colleagues on the council as racists for 'being proactive in dealing with illegal immigration issues.' Has Newman already changed his mind after only a few rounds of golf?"

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