Thread: Legal action demands San Jose police turn in illegal immigra

Legal action demands San Jose police turn in illegal immigrants
JULIANA BARBASSA
Associated Press
Thu, Apr. 05, 2007

SAN FRANCISCO - An activist attorney wants a judge to compel San Jose police to follow state law and turn over to immigration authorities some suspects who might be in the U.S. illegally.

The claim, filed last week on behalf of San Jose residents Barbara Allen and Carol Joyal, demands that San Jose police contact federal authorities when suspects believed to be undocumented immigrants are arrested in connection with drug-related offenses.

"We're re-arresting illegal aliens several times, and that takes a lot of police time, judicial time, jail space, and taxpayer money," said Allen, who in the past has organized rallies against amnesty for illegal immigrants.

The legal request comes amid raids nationwide by U.S. Immigration and Customs Enforcement officials, who are arresting and detaining thousands of immigrants.

Police in San Jose and elsewhere say if they had to turn in illegal immigrants, it could erode trust in ethnic communities.

The police chief has explained in the past the department has a policy of not arresting people solely based on their immigration status. Generally, police do not ask a person's status in the course of interviewing victims, witnesses and others.

"The sole priority for the police in San Jose is the safety of its residents, and when people feel reluctant to call 911, we're all made less safe," said San Jose Councilman Sam Liccardo, who authored a resolution adopted by the city affirming that otherwise law-abiding illegal immigrants need not be afraid of going to the police.

John Lovell, a lobbyist for the California Police Chief's Association, said if someone is arrested for a crime and they're not documented, police may let immigration authorities know. But police departments' "major mission is enforcing laws that protect the public, and that depends on the cooperation of everyone in that community, independent of their immigration case," he said.

Attorney David Klehm's filing demands that police comply with the state law that requires them to report the names of anyone arrested on suspicion of certain drug-related offenses, including possession and trafficking. Klehm is asking the court to set a date for a judge to consider the case.

"We're not talking about getting the hound dogs out there and going after every illegal immigrant," Klehm said. "We're just talking about people who committed crimes."

The claim was filed after San Jose officers, whose names were not released, called and said they were frustrated by not being able comply with a law they knew was on the books, Klehm said, adding he was planning other similar claims in other cities.

The San Jose Police Department referred all questions to city attorney Richard Doyle, who did not immediately return calls for comment.

Immigrant advocates and the attorneys who work with them say Klehm is unfairly targeting undocumented immigrants. Instead, advocates say, people upset about immigration should focus on changing the laws that compel people to enter the country illegally.

Immigration attorneys also argue that entire communities benefit when immigrants feel comfortable working with police, reporting crimes, serving as witnesses or answering the door when officers knock.

Mark Silverman, director of Immigration Policy for the Immigrant Legal Resource Center, said the filing could have a "chilling effect" on immigrants' cooperation with police.

"It could actually endanger public safety," by creating an impression that immigrants have something to fear from police, Silverman said.

Immigration officers welcome the opportunity to work with local police when law enforcement and immigration control overlap, such as when combating criminal gangs, drug trafficking and other criminal activities that might involve immigrants, said Lori Haley, U.S. Immigration and Customs Enforcement.

"Their mission is different than ours and we appreciate that," said Haley. "But we're always seeking opportunities to work together."

http://www.sanluisobispo.com/mld/sanlui ... 034229.htm

Mark Silverman, director of Immigration Policy for the Immigrant Legal Resource Center, said the filing could have a "chilling effect" on immigrants' cooperation with police.

They aren't cooperating with the police now. This is about the lamest excuse I have ever heard. It doesn't matter people! It doesn't matter! You are not going to re-train the illegal alliens to call the police and report crime! It's not in their nature! Quit using it as a crutch, for their benefit! This is what they want you to believe! You've been duped!

Hear this! Every illegal allien is dishonest and a criminal! Hello! And they think they are going to cooperate with the police! Yea, about like a gang banger would! Get your heads out of your tailpipes.

Dixie