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Union Balks At Immigration Policy

by Melissa Bailey | October 16, 2006 08:31 AM |

Melissa Bailey PhotoImmigrant rights advocates like Sgt. Luiz Casanova (pictured at right) have poured a lot of work into a cutting-edge policy that would protect illegal immigrants from being deported when they call police for help. After months of work, the policy faces one more hurdle: Negotiation with the police union.

After a harrowing police raid in June, when Mexican illegal immigrants who had sought protection from poor living conditions ended up running for their lives for fear of deportation, the police department promised to solidify its policy on how to treat illegal aliens.

They set to work solidifying a “don’t tell” policy that says cops won’t ask for immigration papers when responding to policing calls — they’ll leave that to the feds.

"We’re ready to go!” Ortiz has said at several points over the last month, hoping to release the policy to coincide with an JUNTA award JUNTA gave Sgt. Casanova on Sept. 30.

It turns out, however, the policy had one more obstacle to overcome. “Last I heard, there might be a police union challenge,” said mayoral spokeswoman Catherine Sullivan DeCarlo.

That’s true, confirmed Louis Cavalier, the police union president.

Cavalier, whose union has bargaining power over the proposed order, said he wants to make sure his officers don’t get in trouble for neglecting to enforce federal immigration laws when they see someone they know is here illegally.

Personally, he strongly opposes the change. “I do feel sorry for the people who are here who are afraid to call police if they’re the victim of a violent crime.” But, he added, “you know what, that’s the cost of coming in here illegal.”

Cavalier compared being an illegal alien to having an outstanding warrant. If a person with a warrant calls police for help, police still arrest them, he said. “If something is illegal in their past, we have to take action.”

Strong feelings aside, he said he’d follow top brass’s orders if they want to make the policy change. “I’m not going to challenge the order as long as the officers aren’t going to be charged for neglect of duty." Cavalier said he voiced concerns when he received a draft of the policy last month. He will meet with the city again by the end of October. If negotiations reach an impasse, they would be settled by arbitration, but Cavalier said he didn’t think that will happen.

A Hero to Advocates

Sgt. Casanova, the district manager in the heavily Latino-populated Fair Haven district, won his award from Junta for the work he did on the new immigration policy and with immigrants in general. JUNTA, one of the city’s leading Latino advocacy groups, calls the latest draft one of the strongest in the nation. They want to see more police work like the kind Casanova brings.

Last month, an undocumented worker on a job at a person’s house had been assaulted by his employer. He went to tell police, but because of a dispute with an officer, did not report the crime. The man walked into JUNTA with a beaten-up face. He said he wanted help, but was afraid to make a report to police.

JUNTA called Casanova, who sat down with the man. “I told him that we were not concerned about his status. We were just concerned about the crime.” Casanova gained the victim’s trust and ended up arresting the man who had assaulted the victim.