Mesa clarifies immigration policy during arrests
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Sonu Munshi, Tribune

A revised city policy will require Mesa police to contact federal immigration authorities if they have reason to believe a person arrested is in the country illegally, Mayor Scott Smith confirmed Tuesday.

Currently, Mesa police asks prisoners about their immigration status and may contact the federal Immigration and Customs Enforcement agency if a prisoner admits to being in the country illegally.

"It's a better way to utilize ICE resources and for Mesa police to clarify a criminal's immigration status," Smith told the Tribune.

Officers will not be required to ask juveniles their immigration status.

Smith, along with police Chief George Gascón, are set to announce the policy details today. Smith did not say when the policy would be put in place, saying it depended on by when officers receive required training. He said the training would be in-house.

Smith noted the revised policy specifies there can be no racial profiling during stops or detentions. He said Mesa will continue its practice of not asking a crime victim, witness or anyone stopped or cited in connection with a routine civil traffic violation their immigration status.

"We're committed to prevent any biased profiling," Smith said. "This policy will simply be a guidebook for our officers who are in the front lines every day, giving them specific guidelines and tools."

Mesa's current policy does not allow police authorities to participate in enforcement of federal immigration laws. Police also are not allowed "to arrest or detain a person when the only violation is an infraction of a federal immigration law."

The mayor said the policy is "somewhat similar" to an immigration policy Phoenix outlined in May. Phoenix police Chief Jack Harris unveiled a policy whereby officers can contact federal authorities if they suspect a person is in the country illegally. Also, Phoenix officers can now ask the immigration status of everyone arrested.

Smith said an ideal situation would be to have more uniformity between departments.

"It would be great if there were regional standards that were comparable," Smith added, noting the policy will be monitored and adjusted in the coming months based on feedback.

"My primary concern is public safety," Smith said.

Police officials are welcoming the policy.

"It's a workable, intelligent and practical plan that deals with the reality that Mesa faces currently," said Fabian Cota, president of the Mesa Police Association.

Cota said officers are being formally required to contact Immigration and Customs Enforcement, the federal authority, if they find a person to be in the country illegally. "It's something that's being done now, but there's no specific clause that it's required," Cota explained.

Cota said Mesa police do not routinely inquire the immigration status of those pulled over for civil traffic violations and of crime victims, which the new policy would prevent.

Cota said the association's concern has been that the city is without proper training and resources to deal with illegal immigration. He said the policy will be a useful tool.

"This policy will help Mesa police by at least making the expectations clear so our officers know exactly how to deal with these day-to-day situations," Cota said.

Mesa was told by federal officials recently it would be a while before they could provide special training for 10 detention officers to identify the immigration status of inmates. But under a temporary arrangement, Mesa will be able to draw on ICE resources to deal with criminal suspects who are in the country illegally.
http://www.eastvalleytribune.com/story/119805