No city sanctuary policy, official says (Denver)
http://www.rockymountainnews.com/drmn/l ... 21,00.html
No city sanctuary policy, official says
By Lou Kilzer, Rocky Mountain News
May 17, 2005
The city has been hit with a barrage of charges in recent days that it has lenient policies toward illegal immigrants.
The city's response:
"There's no evidence that I've seen that Denver is viewed any more favorably by somebody crossing the border illegally that anybody else," said Michael Bennet, the mayor's chief of staff.
The controversy comes on the heels of the fatal shooting of a Denver police detective. The suspect in the case, Raul Garcia-Gomez, is from Mexico.
Garcia-Gomez was issued traffic citations on three occasions in recent months. He offered his Mexican driver's license as identification and was never taken into custody.
Protesters at City Hall called Thursday for changes to city practices, and U.S. Rep. Tom Tancredo last week condemned the city's alleged sanctuary policy.
In a news release, Tancredo said "Denver's sanctuary policy prevents local law enforcement from cooperating with federal officials on immigration matters . . ."
Much of the debate centers on Executive Order No. 116, issued in 1998 by then-Mayor Wellington Webb.
City Attorney Cole Finegan, who compiled a legal analysis in the wake of Detective Donald Young's slaying, concluded that the 1998 policy "does not relate to local law enforcement."
Instead, he said, the measure was designed to prevent "unlawful discrimination" against residents of other countries in the wake of changes to federal welfare laws.
Finegan said that is a far cry from a policy preventing city cooperation with federal immigration officials.
"It's like trying to prove a negative," Finegan said. "There is no factual proof that a sanctuary policy exists in the city and county of Denver."
Webb's order addressed federal rules that restricted benefits to certain classes of immigrants. It said the city "strongly opposes this change" and would fight discrimination in any form.
In prepared remarks concerning the order, Webb used strong language, apparently in reference to those who supported tighter immigration policy.
"Demagogues and hate-mongers will always be among us," Webb said at the time. "They are a tiny, but malignant minority requiring our constant vigilance."
Webb's remarks did not involve issues of law enforcement.
A second executive order issued by Webb called for Denver to accept identification issued by the Mexican Consulate. However, that order was severely limited by state legislation.
Bennet reiterated his belief that immigration is essentially a federal issue.
"People whose beef is with federal immigration laws are using this as an opportunity to make their case, something they're entitled to do," Bennet said.
Finegan also defended Denver cops who handled the traffic stops involving Garcia-Gomez.
He said there are approximately 100,000 traffic tickets issued in Denver each year, and that it is frequently impossible to tell which drivers do or do not have legal residency.
If officers were asked to investigate the immigration status of each stop, he said, "they would have time to do nothing else."
Garcia-Gomez presented a Mexican driver's license during one stop and in two of his court appearances. Although he should have had a Colorado license because of the length of time of his residency, "the police had no way of knowing that," Finegan said.
Denver's police manual also has entered the debate.
It states the "enforcement of immigration laws rests with the Immigration and Naturalization Service," and that Denver police will not "initiate police actions with the primary objective of discovering the immigration status of a person."
However, the policy says the Denver sheriff's department will notify Immigration and Customs Enforcement when a suspected undocumented immigrant is arrested for another crime.
ICE must then tell Denver it wants a hold placed on the suspect for his immigration status.
Executive order No.116
Former Mayor Wellington Webb issued this order on March 6, 1998:
• I. The City and County of Denver is an ethnically and culturally pluralistic city. We cherish this diversity for enhancing the quality of life in our community. As Denver emerges as an international city in a global economy, we can anticipate that foreign-born residents will continue to make Denver their home. We welcome all to share Denver's warm hospitality. We must respect this diversity and assure that the human rights of our residents are protected.
• II. The federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 divided legal immigrants, for the first time in modern history, into two distinct categories with regard to public benefits: qualified and unqualified immigrants. The Balanced Budget Act of 1997, while restoring some means-tested benefits for legal immigrants arriving before August 1996, did not change this fundamental shift in U.S. immigration policy. This distinction among legal immigrants unfairly impacts many of Denver's children, senior citizens, and disabled residents, and has the potential to be misinterpreted by public officials and administrators and to foster a climate of intolerance and discrimination.
• III. This executive order establishes and emphasizes that the city strongly opposes this change in federal immigration policy, that the city will not tolerate unlawful discrimination in any form, and that the city remains firmly committed to the delivery of services to all of its residents.
• IV. The city will vigorously preserve the legal rights of all of its residents. In addition, we will strongly encourage partners, such as the Denver business community, Denver Public Schools, public and private medical facilities, institutions of higher education and neighboring municipalities to adopt a similar policy.
kilzerl@RockyMountainNews.com or 303-892-2644
