http://www.washingtonpost.com/wp-dyn/co ... 00990.html

Police Enforcement of Immigration Laws Raises Worry
Foreigners Without Documents Say They May Leave Out of Fear

By Bill Turque and Karin Brulliard
Washington Post Staff Writers
Sunday, October 1, 2006; C07



At the Bestway Supermarket on Elden Street, where shoppers browse to merengue music and signs touting the specials are in Spanish and English, Latino customers say they don't know much about Herndon's new mayor or Town Council.

But they do say the town's Hispanic community was buzzing last week with the news that those in charge, whoever they are, want police to become la migra, federal immigration agents.

"Everyone is afraid," said Byron Flores, 26, who has lived in Herndon since immigrating illegally from Honduras three years ago. The number of illegal immigrants reporting crime is likely to plummet, he said, for fear that the police will ask for their papers.

Many people are thinking about moving away, he said, including him.

"Maybe to Seven Corners."

Herndon's council voted last week to apply to U.S. Immigration and Customs Enforcement for enrollment in the agency's "Section 287(g)" program, which trains local police officers to determine whether criminal suspects in custody are illegal immigrants. Officers certified by the program can detain them and even begin deportation proceedings before turning cases over to the federal agency. Seven state and local law enforcement agencies nationwide have joined the program. A dozen more are seeking to enroll officers.

The prospect of Herndon's entry into the program has again placed the town near the epicenter of the national debate on immigration policy. About a quarter of its 23,000 residents are Latino immigrants, according to census data.

It has also rekindled tensions that emerged with the council's decision last year to open a publicly funded day-labor center to help immigrant workers find jobs. Supporters, including former mayor Michael L. O'Reilly, said the federal government's failure to control the borders gave them no choice. Opponents of the center, which does not try to determine the immigration status of workers, said the town was abetting illegal activity. In May, voters unseated O'Reilly and two council members in what was viewed as frustration over the issue.

During O'Reilly's tenure, Herndon Police Chief Toussaint E. Summers Jr. rejected the idea of entering the 287(g) program for precisely the reasons expressed by the Latino patrons at Bestway.

"Herndon Police Department involvement with enforcing immigration laws could create barriers for segments of our community," he wrote to Town Manager Stephen F. Owen in a Jan. 22, 2004, memo. "Such action would tend to be counterproductive to our community policing philosophy, which promotes partnerships and building trust."

But shortly after taking office, Mayor Steve J. DeBenedittis, joined by four new council members (and two holdovers) discussed Summers's status in a closed-door meeting.

"I was not invited," Summers said.

But the message was clear: The new council wanted a tougher stance on crime in general and crime committed by illegal immigrants in particular.

Bestway customer Marvin Alexander, 30, a Salvadoran in the country illegally, said he is concerned about the changes the new council will bring. He said Herndon police recently stopped an acquaintance of his, also an illegal immigrant, who did not have a license. Officers did not cite her.

"Imagine if that happened now," Alexander said.

Until the town works out an agreement with Immigration and Customs Enforcement on the scope of the training and authority that officers who complete the course will have, it is difficult to predict whether 287(g) will actually help Herndon remove criminal illegal immigrants from its streets.

A number of factors could seriously limit the program's effectiveness, such as a lack of jail space and manpower.

Most other law enforcement agencies participating in the program are sheriff's departments that operate large jails. Herndon relies on Fairfax County's Adult Detention Center to house most of its prisoners. But Fairfax Sheriff Stan G. Barry (D) said last week that he didn't foresee his department entering 287(g). It means that Herndon probably would have to transport undocumented suspects elsewhere, possibly more than an hour away to Rappahannock County, tying up officers' time.

There is also the question of just how much of a threat illegal immigrants pose to public safety in Herndon.

Town officials say they want to use 287(g) to target the "worst of the worst" criminal illegal immigrants. But police say serious "Class A" crime -- murder, rape, robbery -- was down 26 percent in Herndon from 2002 to 2005.

"Herndon is not a crime-ridden community," said council member J. Harlon Reece, who is uncertain whether he will vote to approve a final agreement with Immigration and Customs Enforcement.

Critics of DeBenedittis and the council say they are misleading voters into believing that the town can roll back illegal immigration. On Tuesday, the council will take up two other proposals targeting undocumented residents. One would require the town manager to ensure that anyone granted a business license has legal immigration status. The other would require the town manager to ensure that companies contracting with the town government provide evidence that all their employees are in the country legally.

"This is a concerted effort to dupe the citizens into thinking that they are actually going to solve the immigration problems in this town," said former council member Carol A. Bruce, a supporter of the day-labor center who was defeated for reelection in May.

"This isn't about immigrants," DeBenedittis said. "It's about crime and criminal behavior. It's about reducing crime and making all of us safe."

Other supporters of 287(g) say the message is as important -- perhaps more important -- as the substance.

"The perception here is that we're in favor of illegal immigration," said Vice Mayor Dennis D. Husch. "We're trying to change that perception, and this council has the gumption to do that."

The view at Bestway suggests that this is already happening. Flores said the thought of leaving town is distressing. He is close to his Herndon neighbors, many of whom are U.S. citizens.

But if Herndon police begin working to deport people, he said, he may have no choice.

"If they sign something, if they make it law, I go," he said. "I do not want to be the first person, you understand?"

Staff writer Tom Jackman contributed to this report.