NEWS RELEASE

February 19, 2008

PHOENIX LAW ENFORCEMENT ASSOCIATION 

1102 W. Adams            

Phoenix, AZ 85007

PHONE:  602.246.7869

FAX:  602.246.0226

 www.azplea.com  

TO:  All media, for immediate release  

PHOENIX LAW ENFORCEMENT ASSOCIATION (PLEA) RESPONSE TO MAYOR PHIL GORDON’S COMMITTEE REPORT ON OPERATIONS ORDER 1.4 

PHOENIX, AZ—“Police officers in this city have been blessed with the overwhelming support and the undying kindness of the citizens of Phoenix; for that we thank you.  The current policy and the new recommendation affect the quality of life for citizens and the safe work environment for officers.  The Phoenix Law Enforcement Association consistently strives to successfully partner with City leadership and management.  We’ve done so with our lives, our time, our effort, and our investments.  Unfortunately, our officers were the first to die under the current policy and the last to hear about the new one,” Mark Spencer, President of PLEA stated.  “We are hopeful that citizens will be heard where police officers have not.  We encourage citizens of Phoenix to call the mayor, call your council person, and call your city management.  Let them know that you want your police officers to make a call, too – to make a call to ICE.  Let’s get beyond a form and on the phone.”

Information received from the Mayor’s Committee on Friday, February 15^th is in black.  The PLEA response is in blue below to clarify. 

PLEA Response to Panel Recommendation 

Phoenix Police Department officers shall not ask about a person's immigration status if that person is:

- a victim of a crime, or

- a witness to a crime, or

- stopped for a civil traffic violation, or

- involved in a domestic violence incident 

• PLEA has never sought to ask a question, only to make a call to ICE.
• We agree that the sanctity of victims and the usefulness of witnesses is crucial.
• Past history has shown that serious crimes have been averted and serious criminals have been captured through civil traffic violations.

• Warren Jeffs was discovered through a minor civil traffic violation as a passenger in a vehicle.
• Immigration was not immediately notified when one of the 9-11 terrorists was contacted by police during a minor civil traffic violation.
• Timothy McVeigh wasn’t caught robbing a bank but through a minor civil traffic violation.
• The Chandler rapist drove a car – if he had been stopped for a minor traffic infraction and ICE had been immediately contacted by phone, a hold would have saved at least six (6) young girls from being raped.
• If the hit-and-run suspect who killed the 5-year old girl was stopped for a minor traffic infraction and ICE had been immediately contacted by phone, a hold would have prevented her death.
• If the illegal alien who broke into a home and raped a 6-year old girl had been stopped for a minor traffic infraction and ICE had been immediately contacted by phone, a hold would have made all the difference in that child’s life.
• Nick Erfle’s murderer was contacted based upon a civil pedestrian infraction.
• Remember, driving without a driver’s license is not a criminal infraction, only a civil violation.  Phoenix Police Department policy allows for a wide range of valid IDs including but not limited to library cards, birth certificates, expired passports, foreign drivers’ licenses, and student IDs. If a person does not have ID but only provides a name and DOB, the criminal record generated from the in-car police computer is considered ID.

• Restricting officers from immediately contacting ICE by phone during minor civil traffic contact facilitates the continuation of a federal crime and allows for the opportunity to commit more serious violations. 
• The current restrictive “blind eye” policy has not improved the quality of life in the City of Phoenix nor has it made for a safer working environment for Phoenix Police officers.  The panel’s “blind eye” recommendation maintains the real restrictions of the current policy.  There is no change, just a rewording.

In order to more effectively combat state and local crime, we recommend:  

Individuals who are arrested for committing a state or local crime shall be asked about their immigration status and, if it is determined that they are in this country unlawfully, ICE shall be contacted.  

• An officer’s obligation to the rule of law is neutered when federal crimes are ignored.  Counterfeiting, interstate kidnapping and drug transportation, automatic weapons violations, and even terrorism would not warrant the immediate phone contact with ICE by Phoenix Police officers.
• ICE is already contacted when anyone is booked into the county jail.  Officers don’t have a choice whether to contact ICE or not when booking arrested people.  ICE agents automatically screen everyone.  This is nothing new and not a change.

 If there is probable cause to believe that a person has committed a state or local crime, the officer shall inquire about the person's immigration status, as one of the criteria for flight risk.  

• The panel’s recommendation allows for a second crime to be committed by an illegal alien before they are held responsible for their first crime – being in the country illegally.   In addition to the flight risk, a second crime creates the risks of additional victims and heavy costs.
• Inquiring about a person’s immigration status AFTER a crime has been committed by an illegal alien does not bring about deterrence but creates opportunity; it is not a proactive plan for success but a passive route to failure.

If the officer has a reasonable basis to believe that the person apprehended is in the country illegally and that person is not arrested, the officer shall fill out an Immigration Status form and notify ICE. 

• Filling out a form and notifying ICE is synonymous with “catch and release.”  Officers are asking for real-time contact and direction from ICE through phone or personal contact. 
• Police officers don’t need forms, they need phone calls.  ICE has made it clear that they have excellent response rates when police officers notify them by phone.
• The panel’s interpretation of “contacting ICE” is to fill out a form and let a person go who is suspected of being in the country illegally.  When PLEA says “contact ICE” they mean what Paradise Valley, Peoria, and Buckeye PD already do - an immediate phone call to ICE for assistance and direction.

The current policy hasn’t been changed; it’s simply been reworded with one additional burden on police officers – another piece of paper to fill out. 

To my fellow law abiding citizens, don’t be fooled – the policy hasn’t changed.

To my fellow police officers, be careful – the policy hasn’t changed.

To illegal aliens in Phoenix, don’t worry – the policy hasn’t changed. 

For more than 30 years PLEA has represented the rank and file officers of the Phoenix Police Department.

To contact the Phoenix Mayor’s office call 602 262 7111.  You can be directed to your Council member from that number. 

You can also contact the Mayor and Council via E-mail: mayor.gordon@phoenix.gov; Thelda Williams, District 1:  council.district.1@phoenix.gov; Vice Mayor Peggy Neely, District 2:  council.district.2@phoenix.gov; Maria Baier, District 3:  council.district.3@phoenix.gov; Tom Simplot, District 4:  council.district.4@phoenix.gov; Claude Mattox, District 5:  council.district.5@phoenix.gov; Greg Stanton, District 6:  greg.stanton@phoenix.gov; Michael Nowakowski, District 7:  council.district.7@phoenix.gov; Michael Johnson, District 8:  michael.johnson@phoenix.gov

For additional media information, to set up interviews, etc., with PLEA, please contact:  Carole V. Bartholomeaux, BARTHOLOMEAUX/PUBLIC RELATIONS, LLC, 602 404 8018, or bprwork@cox.net