More law enforcers declining to follow state immigration statute
By Christopher Smart

The Salt Lake Tribune

Updated: 04/10/2009 04:54:33 PM MDT


Park City Police Chief Wade Carpenter will not cross-deputize his officers as immigration agents. And, on Friday, he labeled the new Utah law that outlines the practice as "window dressing" and a "knee-jerk reaction" to a serious problem.

"I don't think it accomplishes what we need to accomplish," Carpenter said Friday. "It's the tail wagging the dog."

Summit County Sheriff Dave Edmunds also said his deputies will not participate in the program put forth in SB81, sponsored by Rep. Mike Noel, R-Kanab.

Earlier this week, officials of Salt Lake City said its police department also would not cross-deputize officers as immigration agents.

The law that takes effect July 1 makes the cross-deputization plan optional for municipalities. According to Utah Attorney General Mark Shurtleff, county sheriffs already had the option.

Carpenter said the passage of SB81 looked to be pushed by politics rather than a real desire to help communities and tackle the illegal immigration problem. The new Park City police chief, the former director of public safety in the Washington County city of Ivins, said he is no stranger to the issues surrounding immigration.

"There was no memorandum of understanding between law enforcement and the legislative committee" that put forth this bill, he said. "We need a better [law-making] process."

The new law puts a big load on local agencies, Carpenter noted.

"We're having a hard time staffing our shifts as it is," he said. And "this moves the criminal liability from federal officials to local law enforcement."

Like Park City, Summit County's tourist economy is powered by immigrant labor. And, like Park City, the Sheriff's Office will not cross-deputize officers, Edmunds said.

"It would erode trust within the immigrant community. They would fear calling law enforcement to report criminal activity."

Lawbreakers within that community would feel emboldened, the sheriff fears.

"If you've got state peace officers conducting immigration sweeps, it will severely curtail our ability to arrest suspects and protect victims in the immigrant community," he said.

Nonetheless, immigration laws should be enforced --- by the federal Immigration and Customs Enforcement, the sheriff said.

However, should an immigrant be arrested for a crime committed in Summit County, deputies will check their immigration status. That's when local officials should interact with federal ICE agents, the sheriff said.

"We don't want any other nation's criminals here. We have enough of our own."

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