There is an organization called "MAJOR CITIES CHIEFS ASSOCIATION," that sets policy for most major cities in the matter of immigration as well as other matters. It is comprised of close to 60 chiefs. They have decided what can and cannot be asked in duties and have chosen to not ask immigration status in many cases.

It is not that Police cannot ask immigration status when conducting basic traffic duties or misdemeanor citations, it is that they have deemed it frought with problems and civil liability, so they choose not to ask the immigration status.


Major Cities Chiefs Statement on Immigration

June 8, 2006 -- As president of the Major Cities Chiefs Association, Houston Police Chief Harold Hurtt announced today the adoption of nine recommendations for the United States Congress and the President to assist in resolving the immigration crisis facing America today. Members of the Major Cities Chiefs Association, comprised of the largest police agencies in America, are the first responders to over fifty million residents. We are very concerned that the public policy under consideration does not take into full account the realities of local law enforcement in dealing with this issue on the ground. The foundation of the nine-point position statement is five key concerns with local police enforcing federal immigration law. These concerns are:

It undermines the trust and cooperation with immigrant communities that are essential elements of community oriented policing.
Local agencies do not possess adequate resources to enforce these laws in addition to the added responsibility of homeland security.
Immigration laws are very complex and the training required to understand them would significantly detract from the core mission of the local police to create safe communities.
Local police do not posses clear authority to enforce the civil aspects of these laws. If given the authority the federal government does not have the capacity to handle the volume of immigration violations that currently exist.
The lack of clear authority increases the risk of civil liability for local police and government. Given these concerns the Major Cities Chiefs are recommending that Congress and the President adopt the following nine points:
1. Securing the borders must be a top priority.
2. Enforcement of the laws prohibiting the hiring of illegal immigrants.
3. Consulting and involving local police agencies when developing any immigration initiative is imperative if the initiative is to involve local agencies.
4. Federal law must not mandate local enforcement of federal law - all law enforcement initiatives must be completely voluntary.
5. There should be no reduction or shifting of current federal funding for state and local programs to pay for new immigration enforcement activities
6. Any initiative involving local police agencies should be incentive based
7. The authority and limitation of liability for local law enforcement officers and police agencies must be clear.
8. Civil immigration detainers must be removed from the NCIC system
9. MCC members are united in their commitment to continue arresting anyone who violates the criminal laws of their jurisdictions regardless of the immigration status of the perpetrator.

Most local police agencies have adopted policies of not inquiring about immigration status of individuals that are reporting crimes or in other encounters unless the person is suspected of committing a crime. Those policies have developed over the past 25 years because of law enforcement's commitment to provide protection to everyone within their jurisdiction and more recently because of state and federal laws prohibiting racial profiling.

In addition, the federal government does not have the capacity to deal with the estimated 12 million illegal immigrants in the US today. As Congress and the President wrestle with these difficult issues it is important that national policy reflect a clear understanding of the enormous challenges that local police face in dealing with illegal immigration.
http://www.houstontx.gov/police/nr/2006/nr060806-1.htm

http://www.neiassociates.org/

http://www.neiassociates.org/about.htm

http://www.neiassociates.org/bod2006-07.pdf


Major Cities Chiefs Association
The Major Cities Chiefs Association (MCCA) is one of the nation's most prestigious and influential law enforcement organizations. It is housed in the Division of Public Safety Leadership.

The membership of the Major Cities Chiefs Association comprises 64 major law enforcement organizations in the United States and Canada. The association was formed in the early 1960s by several chiefs of police who sought a forum to discuss issues relevant to large police organizations. The MCCA has expanded its membership to include suburban police departments, large metropolitan sheriff’s departments, and the largest departments in Canada.

MCCA has significant influence on matters related to crime resolution, federal funding of police initiatives, and more. MCCA participates with all leading law enforcement associations and organizations, including the Law Enforcement Steering Committee, to improve the profession and service to the public and communities.

Current membership in MCCA is limited to chief executive officers of departments located within metropolitan areas that serve a population of more than 500,000. Member departments must employ more than 1,000 law enforcement officers.

For more information, visit the Major Cities Chiefs Associations site or call 410-312-4415.
http://psl.jhu.edu/partnerships/organiz ... cities.cfm