Spencer cleared of misconduct in immigration arrest

An allegation that Phoenix Law Enforcement Association President Mark Spencer had intentionally violated a police immigration enforcement policy when he arrested a day laborer found loitering outside a Home Depot was proven unfounded, according to the completed internal investigation obtained by The Arizona Republic.

While he was cleared of any misconduct, the investigation determined Spencer violated the city’s Operations Order 1.4, the policy that defines how Phoenix police report suspected undocumented immigrations to Immigrations and Customs Enforcement. It showed that he failed to properly title a report to justify the referral to ICE.

Spencer (right) was on a July ridealong with a pair of patrol officers when the group arrested an undocumented Mexican migrant on suspicion of trespassing at the store one block from Pruitt's Furniture on Thomas Road, an area where workers often congregate. He called federal agents to report the worker, who was later deported to Nogales.

Spencer’s policy violation was treated as a “performance issueâ€