http://www.chron.com/disp/story.mpl/front/3997706.html

June 24, 2006, 9:34AM

Immigration debate hits HPD from both sides
ICE says police could be more cooperative; local group says keep current policy
By MATT STILES
Copyright 2006 Houston Chronicle
Stepping into a hot local fight over city policy toward illegal immigrants, the federal agency that enforces immigration laws said Friday that Houston police could do more to help the effort.

At the same time, a leading community group urged the department to stand firm on its policy limiting inquiries into suspects' residency status.

Luisa Deason, a U.S. Immigration and Customs Enforcement spokeswoman, said the Houston Police Department still refuses to allow federal agents to screen suspects taken to the city jail. It also won't let officers help with immigration-related roundups.

Asked whether the department had a "sanctuary policy," a phrase that has sparked debate in recent days because of a petition drive, Deason said, "I don't think they have it on paper, but I strongly believe we could have a better relationship with them."

She also said the Police Department doesn't always notify the agency when it encounters people wanted for immigration violations.

Police Chief Harold Hurtt responded that the department asks arrestees about their status and places a notice in the case file if a suspect is in the country illegally.

He also said the department tells ICE when it sees that a person is wanted by the agency.

"We cooperate with them as much as we possibly can," he said.


Current police orders
The existing police policy drew support Friday from representatives of The Metropolitan Organization, a church-based community group. They blasted a petition drive that could allow Houston police to get more involved with immigration enforcement.

Gathering at a near-northside church, TMO members criticized an effort by a group called Protect Our Citizens to force a charter referendum this fall. If approved by Houston voters, the measure would change what the petitioners call the Police Department's "sanctuary" policy.

Under a 16-year-old general order, officers are prohibited from asking people about their immigration status or arresting them solely on the belief that they are in the country illegally.

Changing that policy, TMO members said, could hamper the already understaffed department's ability answer service calls — and possibly lead to racial profiling.

"If that policy is repealed, it will not help the efforts for fighting crime," said the Rev. Oscar Cantu, of Holy Name Catholic Church. "The police need to do what they do best."

Protect Our Citizens supporters say they're working to get 20,000 voter signatures by Sept. 1 in order to place the measure on the November ballot.

They said the proposed charter amendment would be a symbolic gesture, telling immigrants that the city isn't a safe haven. They also it would bolster security by allowing officers to take a more proactive role in identifying people who aren't supposed to be in the country.

"The net result will be that the HPD will have their discretionary authority restored," said group spokesman Paul O'Finan, a Houston lawyer. "We're going to allow the police officer to ask the question if he wants to."


Policy adopted in 1992

Hurtt and Mayor Bill White have said the current policy, established in 1992, helps maintain trust between law enforcement and immigrant communities. Police officials say officers aren't trained to deal with immigration violations — an assertion that O'Finan disputes.

Police have also said that even if they do locate or detain suspected illegal immigrants, federal authorities don't have the bed space to house them. Hurtt said the department generally holds people wanted by the immigration agency for eight hours.

Deason acknowledged that the agency's detention space is limited, forcing officials to focus on the most dangerous illegal immigrants, like those convicted of child molestation, gang crimes or other aggravated felonies.


Councilwoman singled out
In discussing the matter Friday, TMO members singled out Councilwoman Shelley Sekula-Gibbs, who joined Protect Our Citizens at its Tuesday news conference announcing the petition drive and was the first to sign.

TMO said Sekula-Gibbs answered "yes" in 2003 when asked at a public meeting if she would "continue, enforce and make public" the current police policy.

On Friday, Sekula-Gibbs declined to discuss the pledge specifically, saying that TMO worked "actively and unsuccessfully" to defeat her council re-election race that year.

"What I can tell you is that, today, Houstonians want a change in how the police enforce our immigration laws," she said.


TMO cites 2003 pledge

TMO said Sekula-Gibbs made the pledge at one of the group's accountability sessions, in which TMO hosts meetings of area residents and seeks yes-or-no answers from politicians about key issues.

More recently, Sekula-Gibbs has criticized the policy and the city's decision to support a federally funded day labor facility, drawing criticism that she is seeking to curry favor among Republican leaders as she seeks the GOP nomination to succeed U.S. Rep. Tom DeLay, R-Sugar Land.

matt.stiles@chron.com