Thread: Tancredo: High noon for Denver sanctuary policy

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Tancredo: High noon for Denver sanctuary policy

By Rep. Tom Tancredo, Special to the News
May 17, 2005

Let's begin with a few unpleasant facts about the practical effects of the "sanctuary policy" Denver officials say doesn't exist.

• According to U.S. Department of Justice data, Denver claimed federal reimbursement for more than 1,900 illegal aliens in its jail system in 2004.

Only 175 of those criminals were deported.

• More than 1,500 illegal alien criminals are being released into the community as they finish their jail terms instead of being turned over to immigration authorities for deportation.

• Denver jail officials do not routinely identify illegal aliens in custody and share this information with the Bureau of Immigration and Customs Enforcement. Immigration agents must do this identification themselves with few exceptions.

• An illegal alien who is taken to jail is not likely to be questioned about his immigration status or turned over to immigration authorities. Only major crimes get that kind of attention.

Denver is unquestionably a "sanctuary city." Denver has an official policy in the Police Operations Manual that constricts police communication and inquiries about the immigration status of people encountered in the course of routine police work.

Boulder, Pueblo and several other Colorado cities have similar policies. One result is that at least 5,000 petty criminals go in and out of Colorado jails each year without being turned over to the federal authorities for deportation. State Attorney General John Suthers stated in April that, historically, one in four homicides in Colorado is committed by an illegal alien who then flees to Mexico. It is 100 percent certain that some of them had prior arrests for minor crimes yet were not deported.

The suspect now being sought by police for the murder of Denver police Detective Donald Young is an illegal alien who had been stopped for traffic violations three times and appeared in court prior to committing the murder. Immigration and Customs Enforcement authorities were never contacted by police officers, who are prohibited from making such contact for "petty" things like driving infractions. In his court appearance, he was never asked about his invalid Mexican license. So, Raul Garcia-Gomez was left free to commit other crimes.

Garcia-Gomez's license was invalid because once he took employment in Colorado he was required by law to get a Colorado license within 90 days. But police and prosecutors never asked a question about that. That would not be in keeping with the welcoming spirit of a "sanctuary city."

When a city stops calling the immigration enforcement agency to pick up illegal aliens, that agency stops staffing to handle those calls. If Denver started making those calls and then complained when the criminals were not picked up, the immigration enforcement agency might respond in kind. But why should a federal agency worry if Denver doesn't care enough to get these common criminals off their streets?

Denver's policy limiting police officers' contact with immigration agencies allows future murderers, rapists, and child molesters to stay on the streets and avoid deportation. They are not "slipping through the cracks," they are walking through an open door.

Illegal aliens can have numerous run-ins with the local police for minor crimes and not worry about ICE being called to look them over. With few exceptions, ICE is only called when a major crime is committed and a criminal investigation is already under way. That's what happened last week after Young's slaying, and that's called locking the barn door after the crime.

This policy is clearly contrary to federal law: 8 United States Code 1373, enacted in 1996, says that local governments may not "prohibit, or in any way restrict" information sharing between local cops and immigration officers. When will Denver come into compliance? Will officials continue to pass the buck and hope citizens don't care enough to make a fuss?

No one is suggesting that Denver police make immigration law enforcement a primary duty. That is a red herring. We are suggesting that police be allowed to check immigration status in the course of routine police work, including traffic stops.

Colorado citizens might think it hypocritical that Denver officials are able to count and report more than 1,900 illegal aliens when it comes to getting federal reimbursement dollars, but the city does not see fit to send the same list to ICE and ask that the names be examined for possible deportation.

Mayor John Hickenlooper can lead a movement to rescind Executive Orders 116 and 119 and rewrite the Police Department's operations manual, or he can pass the buck by syaing, "Other cities do it, too."

I think the city's policy needs to be changed now. I don't mind being criticized for starting a fight to get that done.


Rep. Tom Tancredo represents Colorado's 6th Congressional District and is chairman of the Congressional Immigration Reform Caucus.

The mayor of Denver has the blood of Detective Young on his hands. The sanctuary policy of the city of Denver is in no small part responsible for the murder of one of Detective Young by an illegal alien.