Immigration Policy
For the FIRST time ever,
PLEA members were asked the immigration question. In the recent
membership survey, they voiced their opposition to the department’s
immigration policy enumerated in
Operations Order 1.4. The policy is currently on the forefront
of national and local minds and hardly a day passes without hearing
more debate on the matter.
PLEA received 50% more surveys from the members this year over the
last survey. The membership was asked specifically “I
believe the Department’s current policy (Ops Order 1.4.3 page 10)
for sworn personnel in reference to illegal aliens improves the
quality of life in the City of Phoenix.”
8 out of 10 members disagreed with the statement. 1 in 10 agreed
with the policy. 1 in 10 had no opinion. These numbers are clear
and unambiguous. The membership has expressed their concern. It’s
obvious that a majority of Phoenix Police Officers are disappointed
with the current policy and they would like to see substantial
changes. This is consistent with existing sentiment being expressed
by our citizens. Last week PLEA offered the Department proposed
changes to the policy (see website azplea.com). The Department’s
current position is to leave the policy unchanged.
PLEA will stay focused on the members’ concerns. The safety of our
members and community remains a priority with PLEA.
Immigration Policy Press Release
Allow me to welcome you
to the offices of the Phoenix Law Enforcement Association.
We are the
representative bargaining association for over 2200 rank and file
officers and detectives of the City of Phoenix Police Department.
The decision to call
this press conference came after much consideration to see if the
flurry of controversy regarding our Department's immigration policy
would cause it to be revisited by the Department"s managers.
It didn’t. This, coupled with police officer outcry for their
voices to be heard on this important matter, prompted this
presentation.
We are not here to point
fingers, lay blame, criticize, or pass judgment at our Mayor, the
City Council, or the Public Safety Manager.
We are not here to make
political statements or to assess national policy.
We are not here, and I
say this with emphasis, we are not here to suggest that any person’s
national origin is suggestive of criminality or that certain people
groups are more likely to commit federal criminal offenses than
others. It is not and ethnic issue we are here to address but an
issue of ethics.
Our focus is not on
a politician or a political philosophy, is not on
a police manager, and is not on a people group. Our focus
today is on a policy.
On September 5, 2007 our
members communicated concerns to us through our biannual survey.
The response was up 50% over the last survey.
Eight (8) out of ten
(10) sworn officers and detectives are opposed to and frustrated
with the Department’s current immigration policy. This policy
clearly restricts them from contacting the federal resource of
Immigration and Customs Enforcement (ICE). Rank and file, front
line officers are handcuffed by the Department’s policy and
prevented from partnering with ICE personnel. This limitation
interferes with our members’ commitment to enforcing the law. A
consistent theme of the many is found in one officer’s statement.
He described the current policy as "selective enforcement” that
“pricks my conscience.”
Partnership with and
access to other federal agencies is commonplace among all the
bureaus of the Phoenix Police Department. We routinely work with
the FBI on robberies, the ATF with gun violations, the DEA in
narcotic operations, the Secret Service in counterfeiting issues,
and even postal inspectors for mail theft. Phoenix Police Officers
are clear that they don’t want to become immigration officers. But
they are just as clear that they want the Department to allow them
the same type of access to and assistance from ICE.
QUESTION:
It’s a common practice to partner with the feds. Why are Phoenix
Police Officers tightly controlled and restricted when it comes to
using ICE as a resource?
The Department’s current
policy doesn’t add any strength or advantage to federal, state, and
local efforts in the ongoing war on terror. Phoenix Police Officers
may potentially have a high profile target in their custody but are
precluded from contacting immigration and customs enforcement for
assistance and verification. History has shown that major criminal
threats are removed through minor law enforcement contacts.
History has shown that
tolerance for law breaking fosters law breaking. The Department’s
current policy seems to ignore the connection that the men and women
who risk their lives on a daily basis understand - the relationship
between this restrictive policy and related crimes and costs.
Another common theme stated by the front line troops is that the
current policy facilitates the “increased calls for service that are
a drain on our Department.”
In a meeting with ICE on
Thursday October 4, PLEA confirmed what it already knew. ICE is
willing and ready to assist Phoenix Police Officers. Jon Gurule,
the Deputy Field Office Director told us that it doesn’t matter if
it’s one person in a vehicle, they’ll respond in a matter of 10 to
20 minutes. They’re even able to speak to suspected illegals on the
phone at the point of contact to determine their status. They can
direct officers to place a holds on suspected illegals through their
ability to transfer their authority.
Common sense is crucial
in determining the need to contact ICE. Reasonable suspicion of an
illegal immigrant includes location, conduct, officer experience,
language barriers, citizen complaints, and lack of ID. Even ICE
agrees that there’s no need or expectation to make contact over a
“mother with two kids.” ICE is concerned about the bad guys – so
are we. The sanctity of all victims and the value of all witnesses
remain strong and steadfast with our officers.
QUESTION:
The world is becoming more dangerous. Crime and calls are rising.
Police manpower is falling. Why are Phoenix Police Officers tightly
controlled and restricted when it comes to using ICE as a resource?
The Department’s current
policy appears to be attractive. It seems to attract, draw, and
comfort those willing to break the federal immigration laws.
There’s a valid concern about holes in both borders and coasts of
our country. Yet restricting Phoenix officers doesn’t mend the
federal fences or improve the federal flaws of our partners. Blame
does not make for good policy - deterrence by means of access to ICE
does.
Inside of this building,
24 pictures of dead Phoenix Police Officers who gave their lives for
the rule of law – all laws, hang on the wall. We’re still waiting
to hang the 25th picture of Officer Nick Erfle. Even
though the voices of these officers have fallen silent, they’ve
earned the right to be honored.
Outside of this
building, over 2200 of our members stand in the gap and risk their
lives for the rule of law – all laws. Our priority at PLEA is to
keep their lives safe and their oaths intact. Our belief is that
the voices of those who risk the most have earned the right to be
heard.
This issue is not a
complicated one, at least where the rubber meets the road. We’re
not asking to be immigration agents. All that we do ask for is a
police policy change which allows Phoenix Police Officers reasonable
access to federal tools already available. Unshackle officers in
the field by giving them the discretionary ability to use and
partner with ICE.
Please support your
officers. If citizens believe that the suggested changes to the
Department’s policy will improve the quality of life in their city,
they’re encouraged contact their Phoenix City council person today.
Ask why Phoenix Police Officers are tightly controlled and
restricted when it comes to using ICE as a resource. Regardless of
the outcome of this issue, be confident that Phoenix Police Officers
stand ready and able to serve and protect everyone.
APA Speaks Out on Immigration 10/16/2007
The
purpose of this press release is to set the record straight with
regard to the voice of rank-and-file law enforcement. Much has been
made about the rift between the Phoenix Law Enforcement Association
and its dispute with Phoenix Police Department management over the
current interagency policy that limits street officers' abilities to
contact Immigration and Customs Enforcement for assistance in
dealing with suspected illegal aliens.
The
professional police organizations of the Arizona Police Association
(APA) have a consistent and unified stand on this issue. Every
organization recognizes that the immigration problem does not have a
"one size fits all” solution. Each agency and association must
determine what works in its community based on the wishes of the
community, the availability of federal assistance and other resource
considerations. The members of the Arizona Police Association
strongly support the Phoenix Law Enforcement Association"s efforts
to change the Phoenix policy.
The
APA has been unwavering in its position on local law enforcement’s
place in the enforcement of federal immigration legislation. We do
not want unfunded mandates requiring officers to enforce immigration
laws without discretion or to be required to divert police resources
to take over routine enforcement from the federal authorities.
On
the other hand, the APA has several ideas that would assist state
and local law enforcement in its efforts to make communities safer:
1.
State legislation that
increases penalties when smugglers and illegal aliens who are found
to have dangerous drugs, precursor chemicals for manufacturing
methamphetamine, deadly weapons, property used for committing acts
of terrorism, forged documents or materials to make forged
documents, or are members of criminal street gangs;
2.
Sufficient funding and law
enforcement resources committed to human smuggling and criminal
alien prosecution;
3.
Criminal and civil
penalties for persons profiting from otherwise lawful activities by
supplying smugglers and illegal aliens with resources (e.g. renting
homes to coyotes to use as drop houses);
4.
Funds and resources
committed to training state, county and local law enforcement
officers on immigration laws; and
5.
Cooperation and timely
assistance from federal authorities when local law enforcement
officers encounter undocumented persons;
6.
Adequate funding for
additional man power and technology to secure the border so
that law enforcement officers do not need to face the same criminal
aliens again and again.
Without the final two elements, local law enforcement is nearly
powerless to impact this problem. With the proper resources,
Arizona’s law enforcement officers are capable of making the state
safer for everyone.
LAURIE ROBERTS REPUBLIC
EDITORIAL, 10/17/2007:
Shooting Proves That Policies
Need Change
Yet another police
officer shot during a routine traffic stop. Officer Bret Glidewell
is the third Valley cop shot this year in a routine situation. The
second one shot, police say, by an illegal immigrant.
Glidewell survived, by
the grace of God and Kevlar. But it must be said: it took a bullet
to the chest before Phoenix police were allowed to call Immigration
and Customs Enforcement to check on whether this guy was entitled to
be here.
That needs to change.
Glidewell was on patrol
Sunday, six days after the Valley's police chiefs announced they
have no intention of allowing their officers to notify ICE about
people they suspect are here illegally unless they're arrested for
serious crimes. It was 5 p.m. when Glidewell pulled over a pickup
for running a stop sign. So naturally, the driver shot him, aiming
at the 22-year-old officer's heart.
A few hours later,
police arrested Jose Abel Cabrera-Somosa, 35.
Cabrera-Somosa was here
illegally despite being kicked out of the country in 2001. I can't
tell you how he caught the eye of federal immigration agents back
then or why he was allowed to voluntarily cross into Mexico rather
than being deported to his home country of El Salvador. The feds
won't talk about it, citing a new Department of Homeland Security
policy that protects the privacy of illegal immigrants. (I am not
making this up.)
What I can tell you is
that Cabrera-Somosa was back in Phoenix by 2003, when he got a
criminal citation for having no driver's license or identification
along with four civil citations in August 2003, and another three in
October 2003, for having no license, registration or insurance. He
was ticketed a third time for having no license in January 2006,
this time in Surprise. Each time, he was cited and released.
As the driver likely
would have been on Sunday had he refrained from shooting a cop.
This, despite the fact that it's a felony for an illegal immigrant
to have a gun.
"Had he provided valid
identification, we would have done a background check on him and if
he had no warrants or no outstanding issues, we would have issued
whatever appropriate traffic citations and he would have been
released," Phoenix Sgt. Joel Tranter told me.
Released to perhaps
shoot someone else, someone not lucky enough to be wearing a
bulletproof vest. Which makes the police chief's policy handcuffing
his own cops all the scarier.
Phoenix Chief Jack
Harris proclaims that he's "committed to arresting bad guys off the
street." The problem is, some of the bad guys have to shoot a cop
before they catch his interest.
It may be true, as
Harris says, that illegal immigrants commit no more crimes than
anyone else, but even one is too many if you're not supposed to be
here. It is absolutely true that the federal government is to blame.
But if Harris is waiting
for Washington to fix it, well, he'd better settle in because it's
going to be a long wait.
Not only do our leaders
show no signs of leading, they plan to pull what's left of the
National Guard stationed at the border next year.
No one wants the police
to become the Gestapo (OK, some do). No one wants the cops to
illegally target Hispanics. Plenty of us want the border secured and
those already here - the vast majority of illegal immigrants who
don't cause trouble - to be given a chance to stay.
But in the utter absence
of action, we are left with a mess. What is so wrong with giving
police the discretion (not the responsibility) to call ICE about
someone they legitimately pull over, someone who has no driver's
license or insurance? What is wrong with at least trying to get them
off the streets they shouldn't be driving?
When did the rule of law
become anarchy? |
