Police rules for illegal immigrants may violate federal law, critics say
By: Alan Suderman
Examiner Staff Writer
October 27, 2009
» "Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, or any individual."
Source: Department of Justice
Federal law:
TheMontgomery County Police Department's new rules for dealing with federalimmigration authorities may violate federal laws and hamper police officers ability to do their jobs, according to critics.
"You can be held more accountable for going 12 miles an hour over the speed limit in Montgomery County than for being a gang member in the country illegally," said Walter Bader, past president of the Fraternal Order of Police union.
A memo authorized by Police Chief J. Thomas Manger recently instructed officers that U.S. Immigration and Customs Enforcement agents "will NOT be contacted, regardless of the individual's legal status and/or perceived gang affiliation," when a foreign national is arrested for a nonviolent crime.
Federal laws say local governments can't "prohibit or in any way restrict" police officers from communicating with ICE about the immigration status of "any individual."
"By limiting the instances in which the [Montgomery County Police Department] may report to ICE, the policy may be violating federal law," said Jon Feere, legal policy analyst for the Center of Immigration Studies, which favors more immigration controls. "For public safety reasons alone, it doesn't make sense to wait for an illegal alien to commit a horrific crime before calling federal authorities."
In February, the department adopted a policy that required officers to contact ICE when they arrest an immigrant for violent or handgun-related crimes. The policy came after a spate of high-profile crimes by illegal immigrant gang members -- including the shooting death of a 14-year-old on a bus -- but did not mention any prohibitions or restrictions in communicating with ICE.
County police spokesman Capt. Paul Starks said last month's memo was in response to "explosive" allegations made by an illegal immigrant that police beat him and turned him over to ICE agents to be deported in retaliation for filing a police complaint.
Starks said the department was trying to make sure that if mistakes were made in that instance, they would not be repeated. He added that the department believes it is in compliance with federal law.
The memo also said that all future requests for information or assistance from ICE agents first must go through the special investigations division.
"Many of you have developed professional relationships with ICE agents over the course of your careers and we are not trying to stifle the great work that each of you do on a daily basis," the memo said. However, the new rule was necessary "due to the very sensitive nature of this issue and the absolute need to maintain the trust and confidence in our community."
