Policy defines trooper role on immigration
Policy defines trooper role on immigration
Inquiry on status must relate to criminal case

By Maria Sacchetti
Globe Staff / November 24, 2007
http://www.boston.com
A new Massachusetts policy makes it clear that State Troopers should not enforce federal immigration laws, but troopers may ask a person's immigration status during traffic stops and other matters if it is relevant to a criminal investigation.

The policy places written restrictions on troopers' dealings with federal immigration authorities - a source of contention for Governor Deval Patrick's administration in recent months. Just after taking office In January, Patrick rescinded predecessor Mitt Romney's decision to let State Police officers arrest illegal immigrants, only to face complaints that individual troopers continued to target them in Western Massachusetts.

State officials said yesterday that while the policy is similar to current practice, they wanted to make sure it was uniform across the Commonwealth. The policy was presented to the state's 2,500 police troopers last month. A copy was made available to the Globe yesterday.

"A person who happens to be here illegally who is a law-abiding person should not have to worry that the State Police are going to be trying to figure out their status and turning them over to immigration," said Kurt Schwartz, state undersecretary of law enforcement and fire services. "But a person who is here illegally who is not law-abiding may well find themselves being investigated for violations of state law. And in that investigation it may come out that they're here illegally."

What troopers will do with that information will depend on each case, he said.

Under the policy, state troopers can ask about a person's immigration status if they have a "reasonable suspicion" that he or she is violating state or federal criminal law or is a threat to public safety - and the information is pertinent to the investigation. Troopers may contact federal immigration authorities for help investigating a case only with the permission of a supervisor.

For example, a driver stopped for a traffic violation who doesn't have a valid Massachusetts driver's license - but produces a valid passport and a foreign driver's license - might be ticketed and released, Schwartz said. But a driver who provides a false license could be arrested and checked with US immigration authorities so that the trooper can determine the driver's true identity.

Violators will be prosecuted in state courts, he said. Federal immigration authorities would then decide on their own whether to pursue the driver for deportation, he said.

State Police will maintain the discretion to aid federal authorities in immigration raids or other activities conducted by US Immigration and Customs Enforcement, such as directing traffic or escorting buses of detainees, Schwartz said.

"I know that there are some advocates that may say we want a policy that will say that you'll never talk to ICE," Schwartz said. "That means that we're saying that the law enforcement officer can't fully do his legitimate job. And we don't think that's a good policy."

Advocates for immigrants said yesterday that they were pleased the policy was finally in writing after months of concern that some state troopers were following their own rules. They remain concerned that State Police collaboration with federal immigration authorities could lead to racial profiling or deter illegal immigrants from helping police solve crimes.

"We're pleased that they've taken our concerns very seriously. But . . . we'd like this sort of effort to trickle down to individual barracks as well," said Anjali Waikar, attorney with the American Civil Liberties Union of Massachusetts.

Ira Mehlman, spokesman for the Federation for American Immigration Reform, an organization based in Washington, D.C., said State Police should turn over illegal immigrants to federal authorities whenever they encounter them.

"They're all being paid by the same people, ultimately - the taxpayers - and they ought to be helping each other out," he said.

Maria Sacchetti can be reached at msacchetti@globe.com.