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."