Sheriff rejects more changes
Race rights already covered, agency says
The Daily News
By Elva K. Osterreich, Associate News Editor
Article Launched: 04/19/2008 12:00:00 AM MDT

During a settlement conference Thursday with the Border Network for Human Rights, the Otero County Sheriff's Department turned down any suggested policy changes.

BNHR wanted the department to modify language and procedures in a new agreement document between the sheriff's department and the America Civil Liberties Union in conjunction with the Mexican American Legal Defense and Educational Fund.

"During the conference we turned down any changes or any of the things they wanted," said Undersheriff Norbert Sanchez. "They wanted us to change our policy and we are not going to have two policies."

The agreement document relates to a lawsuit which was mediated earlier this month between the OCSD, ACLU and MALDEF. The suit was filed by five Chaparral families and the ACLU and MALDEF alleging deputies raided homes in Chaparral in September without search warrants, interrogated families without evidence of criminal activity and targeted households on the basis of race.

As part of negotiations earlier this month, the sheriff's department agreed to new procedures as part of the settlement. The county also agreed to pay the families monetary damages and their attorneys' fees and court costs.

In return, the sheriff's department denies any wrongdoing and the suit was dropped.

Friday, Sanchez said the proposed language and procedure changes were rejected at Thursday's settlement conference Thursday because the negotiated policy was already being followed. A recent written version was a paper version of that policy.

"We are going to stand by what we are doing in Chaparral," Sanchez said. "We have reduced the crime tremendously in that area and started a neighborhood watch."

Sanchez said illegal aliens being apprehended in the Chaparral area are those officers have come across in the department's regular law enforcement capacity.

"We will continue doing our Stonegarden law enforcement in the area," he said, referring to the Stonegarden Operation that was part of the September raids. "Illegal aliens will be apprehended and turned over to the Border Patrol.

"We are going to hold our ground. It's not about us or them. It's this country we need to protect."

Under the new operational procedure policy, deputies "shall not stop, investigate, detain or question a person solely for the purpose of determining whether such a person is in the United States without authorization and proper documentation."

The new policy also notes that "a person's presence in the United States without proper documentation or authority ... is not a criminal violation. Therefore, a deputy may not initiate a criminal investigation based solely" on a person's immigration status.

Also under the new policy, deputies won't inquire into immigration status while investigating a petty misdemeanor. In more serious cases, the sheriff's department agrees to inquire about immigration status only if the status is relevant to the investigation.

Investigations will be initiated only for reasons independent of any suspicions about the person's immigration status, according to the new four-page policy. In addition, if a deputy obtains information "voluntarily, inadvertently or through a collateral source ... during any other criminal investigation or arrest of a suspect, the deputy may contact the appropriate federal law enforcement officials."


Editor's note: Managing Editor Michael Becker contributed to this report
http://www.alamogordonews.com/news/ci_8977519

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