Prov. stops digital immigration checks

Police memo orders return to faxing names

Updated: Monday, 21 Feb 2011, 6:22 PM EST
Published : Monday, 21 Feb 2011, 4:31 PM EST

Tim White
PROVIDENCE, R.I. (WPRI) - The Providence Police Department has ordered its officers to stop electronically checking the immigration status of individuals in their custody, the Target 12 Investigators have learned.

The change of policy means Providence Police will go back to faxing a daily "arraignment sheet" to U.S. Immigrations and Customs Enforcement (ICE), which will put the onus on federal agents to verify a person's immigration status.

That method caused controversy in 2008 when Marco Riz, a Guatemalan immigrant wanted for deportation by ICE, was arrested and charged with carjacking and raping a woman in Roger Williams Park.

A Jan. 24 police memo obtained by Target 12 instructs officers to stop running an immigration check through an electronic database connected to ICE. The memo was signed by Public Safety Commissioner Steven Pare and recently retired Deputy Police Chief Paul Kennedy.

"Effective immediately, the Providence Police Department will no longer be using the INS Alien Query ... as notification to Immigration and Customs Enforcement regarding individuals being detained at Providence Police Headquarters," the memo states. "The Prosecution Bureau will continue to fax daily arraignment sheets of all persons charged with crimes to (ICE) until further notice."

In 2008, an ICE official blamed Providence police for not using the electronic system to check the immigration status of Riz, who is currently serving 30 years for carjacking and rape.

A federal judge had ordered Riz deported in 2004, making him a wanted man by ICE. But although Riz was arrested twice by Providence police in 2007 - once for domestic assault and once for driving under the influence of alcohol - he was released after arraignment both times.

At the time, Police Chief Col. Dean Esserman said the department faxed arrest sheets to ICE, leaving it up to the agency to check the status of a person in the custody, rather than using the electronic INS Alien Quest database. Kennedy had also said ICE agents should be checking the status of defendants when they are processed at court.

In the wake of the controversy, Providence police officers began using NLETS - the National Law Enforcement Telecommunications System - to check in with an immigration database run by ICE.

Pare, who was sworn in earlier this month, recently said the perception by the community that Providence police officers are immigration agents could have a "chilling effect" on investigating crimes.

"We've got to continue to build greater trust with our community and if they see us as immigration officers and the potential of being deported, that just shatters the trust," Pare said on a taping of WPRI 12's "Newsmakers" earlier this month .

Pare said any perception that Providence is a "sanctuary city," however, is inaccurate.

"If you get stopped and there is a deportation warrant out for you, the Providence Police are going to arrest you and lock you up for ICE for processing," Pare said. "We're talking administrative systems here."

David Ortiz, a spokesman for Mayor Angel Taveras, said the police department was no longer using the Alien Query system "because that information will now be provided as part of Rhode Island's participation in the federal Secure Communities program."

Ortiz did not address whether the information about immigration status would be provided solely via fax, as suggested by the memo.

A spokesperson for Attorney General Peter Kilmartin said Secure Communities is not up and running in Rhode Island yet, and a start date for the program to begin operating has not been set.

In addition, Pare said on "Newsmakers" that the Taveras administration has asked the federal government to let Providence opt out of the Secure Communities program. Ortiz said the city has not received a response to that request yet. He did not say whether opting out would impact the sharing of immigration information covered by the memo.

Secure Communities calls on law enforcement agencies to forward information to the federal government about criminals in their custody in order to check on their immigration status.

Attorney General Peter Kilmartin signed an agreement with ICE on Jan. 11 to have Rhode Island law enforcement agencies participate in the program.

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