Thread: Sheriff's Office to battle illegal immigration in Pinal

Sheriff's Office continues to battle illegal immigration in Pinal 2/6/08




Chris Vasquez Pinal County Sheriff February 05, 2008



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Pinal County citizens:


Over the past several years illegal immigration has been an issue of great debate around the country. Some law enforcement agencies take the stance that enforcing immigration law is the job of the Federal Government and that local law enforcement does not have the authority to enforce those laws. To some degree, up until about September of 1996, this was true.


However, Congress added Section 287 (g) to the Illegal Immigration Reform and Immigrant Responsibility Act. Section 287 (g) authorizes the Secretary of the U.S. Department of Homeland Security to enter into written agreements (MOUs) with state and local law enforcement agencies. The written agreement permits certified law enforcement officers to perform select immigration law enforcement functions.

The purpose of the 287 (g) agreement is generally designed to identify serious and violent criminal alien violators involved in violent crimes, human smuggling, gang/organized crime activity, narcotics smuggling and money laundering for potential deportation. The Federal MOU defines the scope and limitation of the authority to be designated to local law enforcement.

Once an agreement is entered into with U.S. Immigration and Customs Enforcement (ICE) peace officers received about five weeks of training on how to determine whether a person is in the United States legally or not, also, how to enforce the immigration laws without racial profiling. Once trained the peace officer receives an official certification from ICE called "287 (g) Authority." The certified peace officer then may question and detain individuals for potential removal from the United States if the individuals are identified as criminal illegal aliens who pose a significant threat to national security or public safety.

Over the past year my staff and I have had several meetings with Alonzo R. Pena, Special Agent in Charge of the Arizona ICE Office, and his staff to offer the 287 (g) certification to my deputies and detention officers. This will be accomplished sometime in the future. I am told by his staff that we are on a waiting list to bring this training to Pinal County. The main hold-up is the lack of funding and trainers to provide the training. My goal is to train as many deputies and detention officers as possible.

About six months ago I met with Troy Henley, Deputy Special Agent in Charge, about ICE's Border Enforcement Security Task Force (BEST) and the possibility of bringing the task force to Pinal County and assigning some deputies to assist in accomplishing its mission of apprehending those illegal aliens who commit violent crimes, human smuggling, gang/organized crime activity, narcotics smuggling, and money laundering in Pinal County or do so while passing through Pinal County.

It is my desire to make this happen. Currently ICE's request to fund and bring the task force to Pinal County is working its way through the powers that be in Washington, D.C.

Currently the Pinal County Sheriff's Office written policy on dealing with immigration issues is when a deputy during the course of a criminal investigation, or criminal traffic stop may inquire into a person's immigration status. If it is determined the person is an illegal alien they will be detained for Border Patrol to deport to their country of origin. If the person is arrested for violating Arizona criminal law, they will be booked into the Pinal County Adult Detention Facility to face those charges with a hold for Border Patrol for deportation. The Sheriff's Office will investigate all complaints of a potential drop house. Should a drop house be located and there is enough evidence to show human smuggling, arrests will be made. The United States Attorney General rendered an opinion about a United States Supreme Court decision, Muehler v. Mena dealing in part with police asking a person about their immigration status. The Attorney General's opinion is the Supreme Court's intent is that local police officers can ask a person their legal status during a legal criminal investigation or criminal traffic stop. It is the opinion of the Attorney General that local law enforcement cannot inquire as to immigration status in any other cases.

The enforcement of immigration laws at the local level presents many legal challenges for local law enforcement. It is unclear as to what extent law enforcement may go in enforcing immigration laws. I mentioned the Attorney General's opinion above and have read the Supreme Court case myself and do not understand how he came up with his opinion. Also, the other challenge is to enforce the laws without racial profiling, which could lead to costly lawsuits. To that end, I am sending Deputy Chief Clinton Lee to a four-day seminar on immigration issues as it relates to local law enforcement. When enforcing immigration laws, the Sheriff's Office will do it correctly.

Until next month, may God Bless.

Chris Vasquez

Pinal County Sheriff
http://www.zwire.com/site/news.cfm?news ... 2089&rfi=6

Perhaps its minor, but it really warms my heart, and gives me some hope, when I see someone with a latino surname standing up for law and order and not reacting in a racist way to protect people of their same skin color.

It gives me hope that people can rise above color, respect the rule of law, reject racist organizations like La Raza which demand allegance to Mexico, etc.

We should support guys like this.