law againts immigrant safe havens could affect Brownsville police
September 20, 2008 - 9:58PM
By Laura Tillman/The Brownsville Herald
As Texas legislators moved last month to try to include immigration enforcement in the responsibilities of local police departments, area officials insist the differences between communities would make it almost impossible to implement those laws uniformly.

In Brownsville, a losing competition for staff with Border Patrol and the city's daily flow of both legal and undocumented immigrants has resulted in an police department with barely enough personnel to carry out its regular duties.

Rep. Frank Corte Jr. and Sen. Dan Patrick, both of whom take a hard line on immigration, have sought an opinion from Texas Attorney General Greg Abbott's on whether the state's Legislature has the authority to invalidate sanctuary policies.

In Brownsville, as in hundreds of cities across the country, such unwritten laws allow officers to practice a "don't ask" policy regarding immigration status.

"In these cities, if someone's suspected of violating immigration law, (police officers) won't go after them," Corte said. "That's amazing to me, because any law should be upheld. The question is, can we create laws that prevent sanctuary cities?"

Sanctuary laws, so-named because they provide safety for undocumented immigrants who may be crime victims, allow those individuals to benefit from the protection of law enforcement without risk of deportation. Without such laws, victims of rape or those with important knowledge of criminals might not risk interacting with police.

Brownsville Police Chief Carlos Garcia says the policy responds to an important logistical need as well: The understaffed department has struggled to compete for employees with Border Patrol, which pays a starting salary of $35,595 to the police's $28,131.

With the city's estimated 20,000 undocumented immigrants, Garcia said, adding immigration enforcement to their workload is simply unrealistic.

"I would hope if anybody would place that burden on local law enforcement, they would give us the money and the manpower to do it," Garcia said.

Local police untrained in immigration enforcement also could face the risk of being accused of racial profiling, a strategy regularly used by Immigration and Customs Enforcement, if they ask for immigration status.

Garcia said that with Brownsville's 95 percent Hispanic population, the profiling likely would be based on economics, rather than race.

Though Corte and Patrick's opinion request did not provide budget or staffing solutions, they point to a new ICE program, 287 (g), as an example of a federally funded initiative that provides immigration enforcement training to local police. To date, 62 departments across the country participated in the program, three of them in Texas.

Though the letter names 287 (g) as an example of federal-state collaboration, it provides no qualitative assessment of the program's success.

Among local entities, opinions on the program are divided.

In Phoenix, Arizona, where the Maricopa County Sheriff's department is waging one of the most ostentatious crackdowns on illegal immigration in the country - with flourishes like forcing detainees to wear pink underwear and eat green bologna - the less extreme Phoenix police department has begun a modest 287 (g) program with mixed results.

"Success is yet to be measured," said Lt. Lauri Burgett of the Phoenix Police Department's Violent Crimes Bureau, where the program began late last year.

Six officers who specialize in investigating "drop-houses," or residences where undocumented immigrants are taken when they are trafficked into the United States, have been trained in the program. These officers are needed at such sites, Burgett said, where they can target the drug trafficking, slavery, physical and sexual abuse, and extortion that occurs there.

But after watching the toll the work has taken on these officers, Burgett said she would not recommend training entire departments in the 287 (g) program.

"Processing someone who is here illegally is extremely time-consuming for our officers," Burgett said. "There is some value to (being 287 (g) trained) but each individual processed takes about two hours. Multiply that by the 27 people you might find in a drop-house and you've got an officer who's out for a week."

ICE describes 287 (g)'s achievements to date in more absolute terms.

"It's a definite success," said Richard Rocha, an ICE spokesman. "The public benefits when federal and local law enforcement agencies are able to combine their resources."

But even Rocha notes that the program may not fit the needs of many police departments, or that they may not have the infrastructure to support the program.

"On the border, we have an expedited removal process," he said. "Border Patrol is present, so they can handle that."

Garcia estimates that about 5 percent of those booked in Brownsville's jail are found to be here illegally and are taken into federal custody.

The Brownsville chief said he does not plan to participate in 287 (g) and hopes the AG's final opinion will deter Corte and Patrick from pursuing anti-sanctuary legislation when the Texas legislative session begins in January.

"If we had the responsibility to enforcing federal laws, it would not only change the demographics of this community," Garcia said, "it would deteriorate the relationship between the police and its citizens. If we take on both, they won't support us. They'll be saying ‘here comes the two-headed monster.' "



ltillman@brownsvilleherald.com



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