Montgomery backs immigration policy over police concerns
By: Alan Suderman

December 15, 2009

The Montgomery County attorney is backing a policy that police report illegal immigrants to the federal government only if they are arrested for violent or handgun-related crimes, dismissing complaints from the police union that the policy is unconstitutional and hinders their work.

The Fraternal Order of Police union's attorney had sent a letter to Leon Rodriquez charging that county policy, which also requires officers to first get approval from the department before assisting federal immigration authorities, is dangerous to police officers and the community.

Union attorney Paul Stein said federal law prohibited the county from "restricting communication" from its officers to federal authorities "regarding immigration status of any individual."

Rodriguez's subordinate, Associate County Attorney William Snoddy, responded with a terse letter writing off the FOP's concerns.

"After reviewing your letter, the relevant statutes, and case law, I do not share your conclusions," Snoddy said, without elaborating.

Union past President Walt Bader said the county's response was "lacking in legal basis" and said the union would consider its next step over several weeks. Stein previously told The Examiner that the union wanted to avoid a legal showdown, but if there were issues that couldn't be resolved, then "a court might have to resolve it."

After a string of high-profile violent crimes committed by illegal immigrants, the county in February instructed officers to contact immigration officials after arresting someone for a violent or handgun-related crime.

In September, the police department sent a memo telling officers not to turn over illegal immigrants to federal immigration agents based on gang affiliation.

That memo came after an illegal immigrant named Milton Leonel Guerra Leon, who said he is a former gang member, said police beat him and turned him over to federal authorities to be deported in retaliation for filing a police complaint.

The immigration-rights group Identity, which has advocated Leon's case, condemned the FOP's opposition to the county's policy.

Executive Director Candace Kattar said the union is creating an "increasingly divisive, harmful and potentially dangerous situation" by threatening a lawsuit, and asked the County Council whether they "intend to send any public message" to the union and Hispanic community.

The FOP responded with a letter to Kattar, saying it has never threatened a lawsuit and defending its right to communicate its "legitimate concerns" to government officials.

asuderman@washingtonexaminer.com


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