Thread: IL: Vote on Elgin immigration issue in doubt

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Vote on Elgin immigration issue in doubt

January 31, 2007

By NATHANIEL ZIMMER STAFF WRITER

ELGIN -- It is unclear whether a proposed advisory referendum supported by opponents of illegal immigration will make it onto the April 17 ballot.

Backers of the referendum succeeded in getting just fewer than 1,400 signatures to petitions to place on the ballot a question asking if Elgin should apply for a program that allows police officers to act as federal immigration agents.

But whether that number is sufficient remained an open question late Tuesday.

State law requires anyone seeking to get an advisory referendum on the ballot to obtain signatures equal to 8 percent of the number of votes cast for governor in the city in the last election, state and local election officials have said. But finding out how many votes were cast for governor in Elgin is not as easy as it might seem.

Officials at the Kane County Clerk's Office declined to say how many signatures are needed to get an advisory referendum onto the ballot.

"We can't do the math because if we're wrong we'll be the headlines in your paper," said David Bruun, the director of elections.


Some of the numbers

And while the office provided a precinct-by-precinct accounting of the votes cast for governor in Elgin Township, it did not separate out those that were cast within the city's limits.
There were 18,178 votes for governor cast in Elgin Township in November. A certain number of those -- perhaps about 2,800 -- were cast outside the city's borders, leaving about 15,375.

At least another 3,700 votes for governor were cast on the Cook County side of Elgin, according to a compilation of information provided by the Cook County Clerk's Office late Tuesday.

The precise number could not be determined because two precincts are partly within Elgin and the data did not indicate how many of the votes cast there came from inside the city.

But 8 percent of 19,075 is 1,526, which suggests the effort to get the question on the ballot may have fallen short.


Local cops at ICE agents

The program, known as 287(g) after a section added to the Immigration and Nationality Act in 1996, allows U.S. Immigration and Customs Enforcement to train local law enforcement officers to perform the duties of federal immigration agents.
But under the program, officers perform their usual jobs, checking the immigration status only of people charged with crimes. That is according to a conversation last week with an ICE spokesman, who declined to say what sorts of charges must be filed for ICE to pursue cases.

At present, ICE refuses to check the immigration status of someone charged with drunken driving or other lesser misdemeanors, police have said.

Officers who receive 287(g) training use computers and software provided by ICE to access databases to determine whether someone is in the country illegally. If so, then the officer draws up a notice to appear in immigration court and submits it to an ICE supervisory agent for review. Decisions on whether to hold a person in custody until a court appearance or to release the individual reportedly are made on a case-by-case basis.


Unanswered questions

Elgin police have declined to discuss the program, making it difficult to say how much of a difference it would make. Police have said they have worked closely with ICE in the past.
But for the moment, there are two questions outstanding: whether giving officers the ability to run their own checks would allow more potential immigration violators to be processed, and whether the program would lead to investigations of people whose immigration status ICE does not check now because they have committed less-serious crimes.

An ICE spokesman said the agency pays the entire cost for training officers and also pays for the computers and software that officers use.

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City council hopefuls discuss immigration
Posted Wednesday, January 31, 2007



Eight people have signed on to challenge Elgin City Council incumbents David Kaptain, Brenda Rodgers and Thomas Sandor.

The 11 candidates will be narrowed to six after the Feb. 27 primary election.

Here are their responses to a Daily Herald questionnaire. Some answers have been edited for space; candidates were asked to hold answers to 150 words.

Answers to seven more questions will be printed over the next four weeks.

Q. Illegal immigration is growing as a concern, locally and nationally. What role should the city play in this issue? Would you support applying for and authorizing Section 287(g) training, which would provide local police with immigration service training regarding immigration issues? Why or why not?

A. Richard Bennett, 66, retired from the real estate business:

Illegals are illegal. Illegal means arrest. Send back to where they came from. It is illegal to rob a bank. Will the word illegal mean illegal?

A. Tricia Dieringer, 55, a registered nurse and an administrative assistant at Gilberts Police Department:

Immigration is the responsibility of the federal government. Problems arise when the direction from the federal government is not clear or is ambiguous. The fact that the Section 287 training is available to local law enforcement makes the situation even more ambiguous. The real question is why Section 287 training is being offered to local law enforcement in the first place. Is the federal government asking for local help on illegal immigration or is the federal government waiting to see the direction that the states and cities will be going before making a definitive stand on this matter? Until the answers to these questions are asked and answered there can be no determination made on Section 287 training. States and cities must petition the federal government and their elected federal representatives to do their jobs and establish a national policy once and for all.

A. David Kaptain, 59, retired chemist and director of the Fox River Water Reclamation District:

At a recent council meeting, Chief of Police Lisa Womack outlined the Elgin Police Department's program for dealing with illegal immigrants who have been detained. I was satisfied with her explanation of current police policy. I believe our role should include ensuring that the city hire only documented workers, that ICE is notified regarding any illegal immigrant arrested for a felony offense, and that we work toward providing support for all immigrants wishing to learn our language and support those who wish to become legal residents. I believe the city should have well trained employees. I would support sending Elgin police officers for Section 287(g) training if that were recommended by Chief Womack and the law enforcement professionals at the Elgin Police Department.

A. Hidayat Khan, 40, editor for the Pakistan Times:

The city has a limited role in immigration. It should only be concerned about residents or visitors who commit serious crimes and who are undocumented, as enforcing immigration laws is not the responsibility of Elgin Police Department and the city of Elgin. If employers follow the federal immigration laws, and do not hire undocumented immigrants, there will be less of a problem. I feel the EPD is stretched too thin right now anyway. They also would have to have specific training before they could enforce those laws, and that training would take them away from the city where they are needed as police officers. The EPD officers must be highly educated and trained for this, otherwise profiling will occur, and there will be many discrimination suits against the EPD or the city of Elgin. There also should be a separate department connected with INS and the federal government. Federal government is the only agency that can enforce immigration laws.

A. Shane Nowak, 26, emergency medical technician:

The city should be against illegal immigration and not turn a blind eye to it. The city should help out illegal immigration by having special programs just for immigrates and all city documents should be in English. I support the authorizing of Section 287(g) for the police. Currently Elgin police officers don’t have the proper training or the knowledge to deal with immigration issues. This training will only help our community.

A. Michael Powers, 49, marketing consultant:

In regard to illegal immigration, the city's role is to work with INS officials to enforce current federal law. Elgin is doing this and has deported over 800 people over the last three years. Local ordinances of the type passed in Hazelton, Pa., have brought on federal lawsuits, divided cities and hurt local economies. In short, they have had bad unintended consequences and have been found to be unenforceable. I don't support the 287(g) training because our already shorthanded police force should focus on the department's primary mission of maintaining public safety and fighting crime, not acting as de facto INS agents. Concerned residents should contact their congressmen and senators to address this issue, as I believe federal law will change over the next year.

A. Brenda Rodgers, a real-estate agent:

Immigration is a federal issue.

A. Thomas Sandor, 56, accountant:

Elgin has had a working relationship with federal officials at ICE and its predecessor INS for the past 15 years. Elgin is an ICE detention facility and the Elgin Police Department has assisted federal officials in the deportation of approximately 800 criminal illegal aliens over the past 10 years. Most of the provisions in the new ICE Section 287(g) training agreements have been in place in Elgin for years before the creation of 287(g). The effects of entering into a formal Memorandum of Understanding with ICE are currently being reviewed. I support Elgin’s continuing cooperation with ICE officials and all federal and state agencies in dealing with the issue of illegal immigration.

A. Greg Schock, 47, works at SKF Industries:

As far as I am concerned, this is a non-issue. I do not believe it is the responsibility of local governments to enforce federal immigration laws. Nor do I believe that authorizing Section 287(g) training is best for improving relations with minority members of our community.

A. John Steffen, 43, attorney:

The city needs to continue enforcing the laws and ordinances we have currently. Our police department does not need 287(g) training, as they have been leaders in coordinating efforts with INS and ICE. Until there is a change at the national level, the city's efforts are hampered by laws restricting what actions we can take and by capacity limits at ICE detention facilities.

A. Lorrie Vargas, 43, owner of the Great American Family Diner in Elgin:

The U.S. Immigration and Customs Fact Sheet on 287(g) training states: “While enforcing immigration law is primarily a federal responsibility, Section 287(g) provides a mechanism for enlisting the help of state and local enforcement entities in this effort with minimal impact on their normal daily routines and responsibilities.” If such training can be offered and used as described, I would support it. Local implementation and cooperation are where we could have problems. I believe that we need to listen to concerns already raised with the police administration, deal with those first, and then discuss this training. We need to be listening and respecting all citizens and inviting those with concerns to the decision-making table and make decisions by working together in the best interest of all.