Phoenix P.D. considers changing immigration policy

05:09 PM Mountain Standard Time on Monday, November 19, 2007

By Gary Harper / 3 On Your Side

The Phoenix Police Department is considering making a dramatic change to how officers deal with illegal immigrants.

The change could have a profound impact on people living in Phoenix illegally.



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This is all about something called Operations Order 1.4.3.

Basically, that order tells Phoenix officers what they can and can't do when they come across someone who is here illegally.

It's been reported in the past that Phoenix cops want the policy changed and now 3 On Your Side has learned that just might happen.

J.D. Hayworth is one of the most outspoken talk-show hosts in the Valley when it comes to illegal immigration. In fact, illegal immigration is almost a daily topic.

Hayworth and other illegal immigration critics claim Phoenix police officers want to crack down on the illegal population, but they can't due to a departmental policy.

"What this is, this 1.4.3, it is painfully politically correct," Hayworth said. "It is nonsense."

Currently, the policy states Phoenix police can only contact immigration agents, also known as ICE, when an illegal immigrant commits a "serious" crime.

So, for example, if a cop encounters an illegal immigrant during a "minor" incident, such as a traffic stop, that illegal immigrant is let go.

"Under the current policy, there needs to be a body lying in the street or a serious felony committed before we can contact ICE," said Mark Spencer, president of the Phoenix Law Enforcement Association.

Officers like Spencer say most of the 2,200 officers in the union want the policy changed.

3 On Your Side has learned they could get their way.

The Phoenix Police Department's upper brass has assembled a committee to explore revising Operations Order 1.4.3.

People like Luis Sosa are hoping Phoenix police won't change the policy at all.

Sosa is an auto-body repairman and is also a member of an organization called Immigrants Without Borders.

He's concerned that if police are allowed to become more aggressive when it comes to cracking down on illegal immigrants, then a large number of what he calls hard-working immigrants would probably be deported.

"That wouldn't be good," Sosa said. "It would be chaos. It would be chaos. It would be a nightmare for everyone who is here."

The Maricopa County Sheriff's Office revised its policy this year by certifying many of its deputies as immigration agents in order to have the ability to enforce federal immigration laws.

But the Phoenix Police Department claims that option is not being considered for its patrol officers.

Cmdr. Chris Crocket told 3 On Your Side the police chief initially looked into it but didn't get any takers.

"None of the officers want, that he has talked to, want to become immigration officers," Crocket said. "They want to be police officers."

But Spencer said officers want to enforce laws, including some immigration laws. But because they can't, many cops say they feel vulnerable.

"I hope I don't wave bye-bye and he kills my partner the next day," Spencer said. "And that's a legitimate fear we have."

That fear may stem from recent shootings of two Phoenix officers, both allegedly at the hands of illegal immigrants.

But Sosa claims characterizing illegal aliens as lawless troublemakers isn't right.

"Most of us, we come to work and we are contributing to this country more than anyone else," Sosa said.

That debate will no doubt continue. In the meantime, Crocket tells 3 On Your Side the committee will continue to discuss adopting a new policy for street officers.

"The policy could change," Crocket said.

The police union wants two words changed in the policy. Those two words are "will not" and they want them changed to "may," meaning officers "may" be able to contact immigration under certain circumstances.

Whether or not the policy is made more aggressive, Phoenix police maintain their No. 1 goal is cutting down on crime.

Management fears if they do change the policy too much, it could prevent them from solving crimes because witnesses who are "illegal" won't be so willing to come forward.
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