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May 15, 2008
More on the Senseless Tragedy in LA
We previously have blogged about the tragic killing in April of an African American teen by an allegedly undocumented gang member in Los Angeles. The death has led to public debate over the possible repeal of LAPD Special Order 40, which limits police from inquiring about immigration status of witnesses and crime victims in criminal investigations. It was not really at issue in the April killing but some still have vociferiously demanded Special Order 40's repeal.
The N.Y. Times has picked up on the story and offered some interesting insights:
"[I]n the context of contemporary immigration politics, [Special Order 40] is now perceived in black neighborhoods and beyond as a roadblock to using immigration laws as a tool against Latino gang violence. A push to reverse the procedure, . . . viewed by many as a symbol of deeper racial conflicts in South Los Angeles, has inflamed tensions between many blacks and Hispanic immigrants, groups long resentful of each other as shifting demographics and a smattering of racially motivated killings have racked South Los Angeles.
“I think you can assume the resentments are pretty widespread,” said Connie Rice, a civil rights activist and lawyer. “There has been a huge turnover in a 20-year period, and so the tensions get expressed in a lot of other ways. The African-American community is feeling under siege, and it is always easier to strike out at the ‘other.’ “
KJ
May 15, 2008 | Permalink
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Comments
KJ is right about Special Order 40 not being applicable to the Shaw homicide. 40 attracts all the heat while what's in the LAPD manual and their actual practice receives much less attention. Anyone interested in this issue should proceed to one of the few detailed summaries:
http://www.ci.la.ca.us/oig/Special_Order_40_708061_v1.pdf
Of note:
40 itself actually *required* INS be notified while in its current form, the LAPD Manual does not require the Headquarters Section Desk
Officer in DHD to contact the INS once a person of questionable alien status has been booked
for a felony offense, a high-grade misdemeanor or multiple misdemeanors.
From the NY Times article:
And even when the police alert federal immigration officials that they have an illegal immigrant in custody, the officials do not always act on it, the police said.
“He was not identified by immigration,” Deputy Chief Diaz said of Mr. Espinoza. “But I suspect had he been identified, nothing would have happened.”
--------
In a nutshell, Special Order 40 itself is partially contravened by and is less restrictive of police action than the LAPD manual, which is apparently less restrictive than the actual practices and procedures**, and nobody seems to know what is or isn't allowed. Whatever side you're on, this incredible lack of clarity is a recipe for arbitrary implementation and abuse. Just because they want to avoid the political spotlight, we shouldn't allow the police to evade accountability and just do whatever they want procedurally. It's imperative in a society based on law that we the public know what the rules are, the police from the top down know what the rules are and the rules be implemented consistently. Chief Bratton promised he'd clarify the confusion but didn't say when.
**'As articulated by LAPD officials to members of the Panel, the Department’s policies
and procedures resulting from Special Order 40 are more restrictive than as written in the
Department’s Manual.' -- Rampart Report
P.S. What happened to the blog entry below? It's no longer on the web site. Is it going to be brought back?
More on Postville Raid
http://lawprofessors.typepad.com/ immigration/ 2008/ 05/ more-on-postvil.html
Criticism of Postville Raid from America's Voice Republican Immigration Policy: Treat Immigrants Like Cattle and Let Law-Breaking Employers Off the Hook WASHINGTON, DC – News reports about the
http://lawprofessors.typepad.com/immigration/2008/05/more-on-postvil.html
Posted by: Jack | May 15, 2008 9:02:57 PM
