Crackdown on illegal immigration brings distrust, racial profiling risks
GAO report shows misfires in program
By Sheena Mcfarland

The Salt Lake Tribune

Updated: 03/06/2009 07:45:31 AM MST


A recent federal study gives credence to immigrant community activists' fears that a proposed local-federal strike force could lead to racial profiling and drive a wedge of distrust between undocumented residents and law enforcement.

Rep. Brad Dee, R-Washington Terrace, is pushing for the formation of a nearly $1 million strike force to target felonies in the immigrant community ranging from document fraud to human and drug trafficking.

Local law enforcement would join ranks with agents from Immigration and Customs Enforcement to target what Dee assures would be only the worst criminals among those in the country illegally.

However, the federal Government Accountability Office -- the investigative arm of Congress -- released a report this week raising questions about such partnerships.

The report shows that four of 29 reviewed agencies where local law enforcement work with ICE to target major criminals were instead deporting people for minor offenses, such as having an open container of alcohol or speeding.

While that's not prohibited, it isn't practical, either, investigators found.

"If all the participating agencies sought assistance to remove aliens for such minor offenses, ICE would not have detention space to detain all of the aliens referred to them," the report states.

The report added that more than half of the 29 agencies surveyed said community members had expressed concerns that the federal-local

collaboration would lead to racial profiling and intimidation by law-enforcement officials.

The report came as no surprise to Latino community activist Tony Yapias, who says racial profiling is already happening in parts of the state.

Utah's Latinos, both documented and undocumented, are nervous to talk with law enforcement. Yapias says that's largely because of a comprehensive immigration bill that takes effect July 1 that will allow for the cross-deputization of local officers to serve as immigration enforcement agents.

"Most of us believe there are already enough laws to deal with drug and violent crimes," he said. "This strike force is a waste of money, and will only add to the fear and paranoia of people in the community."

Dee disagreed and said he will keep a careful watch on what the strike force targets. He wants it focused only on "major" felonies, including violent crimes.

His HB64 passed the House with an overwhelming majority but still faces the scrutiny of the Senate and Gov. Jon Huntsman Jr.

Currently, Utah's 6,400 prison inmates include about 300 undocumented immigrants.

Attorney General Mark Shurtleff said the number will increase once the strike force begins.

"This is a chance to go after the worst of the worst criminals -- those who are drug dealing or gang banging," Shurtleff said. "We've clearly made a dent, but we want to go after the most heinous types of crimes and not just protect the general population but the illegal population from it, too."

Joe Reyna, chairman of the Utah Republican Hispanic Caucus, supports the strike force, and said it will benefit legal and undocumented immigrants who come to Utah to work and raise families.

"We want to send the message that if you are undocumented and you commit a felony, you are going to pay a price," Reyna said. "It's those people that give the rest of us a bad image."

But Charles Kuck, national president of the American Immigration Lawyers Association, calls the strike-force premise "ridiculous."

Kuck cited several studies showing that immigrants account for some of the country's lowest crime rates.

The Immigration Policy Center found that U.S.-born Latino men were seven times more likely to be in prison than foreign-born Latinos.

"ICE is getting the state to pay for part of its budget. Instead, that money could be going toward child health care or unemployment benefits," Kuck said. "This is is a reactionary item, based on no known data, and it should not pass."

smcfarland@sltrib.com


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