County tightens rules for cooperating with feds over illegal immigrants
By: Alan Suderman
Examiner Staff Writer
October 22, 2009
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| Unless suspects are arrested on violence or gun charges, "ICE will NOT be contacted, regardless of the individual's legal status, and/or perceived gang affiliation," said a memo authorized by Montgomery County Police Chief J. Thomas Manager. (ASSOCIATED PRESS) |
Montgomery County police have been warned against turning over illegal immigrants to federal immigration agents based on affiliation with gangs, according to a memo sent to officers.
The changes were spurred after an illegal immigrant named Milton Guerra alleged that police beat him and turned him over to federal authorities to be deported in retaliation for filing a police complaint.
A September memo authorized by Police Chief J. Thomas Manger reminds police that they can only contact U.S. Immigration and Customs Enforcement agents if they arrest someone for violent or handgun-related crimes.
When suspects are arrested for other crimes, "ICE will NOT be contacted, regardless of the individual's legal status and/or perceived gang affiliation," the memo said.
The memo also says that any future requests for help from ICE must first go through the director or deputy director of the Special Investigations Division "for assessment."
Capt. Paul Starks said the department was trying to keep better tabs on its cooperation with ICE.
"We wanted to collect data in one place, to better be able to manage requests," he said. Starks added that the department was concerned with maintaining a level of trust with the county's Hispanic and immigrant community.
But anti-illegal-immigration advocates said Manger was trying to appease politically powerful groups by weakening the ability of rank-and-file officers to work with federal agents to gather more information on potentially violent criminals.
"This guy wants helicopters to help enforce the law and he can't even do it on the ground," said Brad Botwin, director of Help Save Maryland, referring to Manger's proposal to start a police helicopter unit.
The county is currently lobbying the federal government for a temporary visa to prevent the deportation of Guerra. Starks said the county needed to interview Guerra because he's made allegations that a police officer beat him.
Guerra's complaints were first reported in the Gazette.
Guerra is a former member of MS-13, a notoriously violent street gang that originated in El Salvador, but had started a new life in the county away from the gang, said Candace Kattar, director of the Latino youth advocacy group Identity.
Kattar said police set up Guerra to be deported, even though he wasn't charged with any crime by county police, as retaliation for filing a complaint after an officer lost Guerra's driver's license. The allegations against police officers were investigated, and no charges were filed.
"What kind of message does that send to the Latino community?" Kattar said.
