Aug. 13, 2007, 3:15AM
DPS halts program to track contact with illegal immigrants


© 2007 The Associated Press

DALLAS — The Texas Department of Public Safety tracked state troopers' encounters with illegal immigrants for two years as part of a program to gauge the state's immigration situation, a spokesman said.

Critics of the program said the agency may have gathered the information illegally by asking people about their immigration status. They also questioned whether the data was built on racial profiling.

After receiving questions about it from The Dallas Morning News, the agency said last week that the program was being stopped. The newspaper learned about the program through an open records request.

The "gathering of this data was designed to be a temporary snapshot of the situation. This has been accomplished and the numbers are inconclusive," DPS spokesman Tom Vinger said in a written statement.

The study, which began in June 2005, had troopers document the number of stops that involved illegal immigrants; the number of them released with no action; the number of them released to immigration authorities; and the number jailed. Regional reports were submitted monthly to the Highway Patrol chief.

Luis Figueroa, a San Antonio lawyer with the Mexican American Legal Defense and Educational Fund, said state troopers either violated the law by asking about immigration status, "which they're not supposed to be doing, or they're racially profiling based on the way somebody looks."

Texas law doesn't give officers without special immigration training the authority to make arrests for civil immigration violations. Illegal immigrants are not conducting criminal activity by being in the United States, but most of them are violating a federal civil offense.

"We believe there should be a clear division between the enforcement of immigration law between federal and state," Figueroa said. "State and local should only be involved in the enforcement of criminal activities. The majority of immigrants have not committed criminal activities; they've only violated the civil provisions of immigration law."

Vinger wouldn't speculate on how troopers assessed whether someone was an illegal immigrant. He said there were no specific rules. Racial profiling is against DPS policies, and federal authorities are responsible for determination of immigration status, he said.

"These reports don't change that fact," he said. "I wouldn't read too much into these numbers. It's an unscientific gathering of information."

According to the study, DPS officers' contacts with illegal immigrants decreased slightly over the two years, while the number of those people jailed or turned over to immigration officials remained about the same. The DPS said officers encountered nearly 49,500 illegal immigrants during the two years.

"The perception was that the contacts with illegal immigrants were increasing, but there was no record baseline available," Vinger said.

Immigration advocates said they were suspicious about the study's purpose and concerned that it could will be started again.

Fernando Garcia, executive director of the Border Network for Human Rights in El Paso, claimed some troopers asked Hispanic drivers for Social Security numbers or immigration papers to determine immigration status. The group has received about 10 reports a month of troopers checking immigration status after stopping somebody for a minor traffic violation, he said.

"They are sending their own message to our community that the function of DPS is enforcing immigration law," Garcia said.

Vinger would not give details on how the reports, which were not publicized, would ever be used.

The governor's office was not aware of the study and had not asked for copies of the results, said Katherine Cesinger, a spokeswoman for Gov. Rick Perry.

She said law enforcement officials investigating a crime who encounter possible illegal immigrants should refer them to immigration officials.

"I'm not saying (state troopers) should be asking this, but if they're tracking this and then do nothing about it, it doesn't measure up," Cesinger said.

http://www.chron.com/disp/story.mpl/ap/tx/5048657.html