Tuesday, December 4, 2007

Mayor of Phoenix No Longer Backs Police Department's Bar About Inquiring Into Immigration Status

The N.Y. Times reports that, under pressure from advocates for stricter immigration laws, the mayor of Phoenix said on Monday that he no longer backed a Police Department order barring officers from routinely asking the immigration status of people it arrested and announced a panel to study a policy change. Like the police in several other big cities, including New York, Chicago, Houston, Los Angeles and San Francisco, the Phoenix police have operated under a 20-year-old order barring officers in most cases from asking a person’s immigration status or detaining them for the sole purpose of determining it. The policy is intended to foster greater cooperation with police investigations in communities with large numbers of immigrants.

But the orders have come under fire. Judicial Watch, a conservative legal group based in Washington, has a lawsuit pending against Los Angeles, which enacted its policy in 1979. The group sent a representative to Phoenix last week and said it was preparing litigation against the city.

This could get ugly!

KJ

https://lawprofessors.typepad.com/immigration/2007/12/mayor-of-phoeni.html

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Comments

How far are they taking this? This is the city of Phoenix after all and if they start reporting jaywalkers to ICE, you're right. It's not going to be pretty.

Are they going to check everyone's immigration status? That will take up a considerable amount of resources to waste on minor infractions. Or will it be up to the individual arresting officer to check .You know that if this is the case Hispanics will almost always have their status checked and non-Hispanics won't. Isn't that racial profiling? If I was a Hispanic in Phoenix and they have the nerve to check my status, I would consider suing.

Posted by: DM Blog | Dec 4, 2007 11:07:36 AM

How far are they taking this? This is the city of Phoenix after all and if they start reporting jaywalkers to ICE, you're right. It's not going to be pretty.

Are they going to check everyone's immigration status? That will take up a considerable amount of resources to waste on minor infractions. Or will it be up to the individual arresting officer to check .You know that if this is the case Hispanics will almost always have their status checked and non-Hispanics won't. Isn't that racial profiling? If I was a Hispanic in Phoenix and they have the nerve to check my status, I would consider suing.

Posted by: DM Blog | Dec 4, 2007 11:08:06 AM

How far are they taking this? This is the city of Phoenix after all and if they start reporting jaywalkers to ICE, you're right. It's not going to be pretty.

Are they going to check everyone's immigration status? That will take up a considerable amount of resources to waste on minor infractions. Or will it be up to the individual arresting officer to check .You know that if this is the case Hispanics will almost always have their status checked and non-Hispanics won't. Isn't that racial profiling? If I was a Hispanic in Phoenix and they have the nerve to check my status, I would consider suing.

Posted by: DM Blog | Dec 4, 2007 11:08:27 AM

"You know that if this is the case Hispanics will almost always have their status checked and non-Hispanics won't. Isn't that racial profiling?"

I know nothing of the kind. You assume that such checks cannot be made as a part of the arrest procedure, as religiously as is done in citing Miranda rights. Such a statement as yours is no more a valid argument than if you had said that the police should not be allowed to arrest Hispanics because they'll only Mirandize white folks.

Posted by: Horace | Dec 4, 2007 2:30:10 PM

Horace, I was saying that if immigration status checks were NOT mandatory and left up to the discretion the arresting officer. The department would have to make the statistics on who they checked public. If they didn't you know my statement would hold true and people would sue.

Next time, read my whole comment;)

Posted by: DM blog | Dec 5, 2007 9:11:50 AM

Horace, I was saying that if immigration status checks were NOT mandatory and left up to the discretion the arresting officer. The department would have to make the statistics on who they checked public. If they didn't you know my statement would hold true and people would sue.

Next time, read my whole comment;)

Posted by: DM blog | Dec 5, 2007 9:12:50 AM

One of main concerns about police checking immigration status is that immigration law is very complex. A lot of people are in the US legally, but do not have a green card. For example, the immigrant may have come on a student visa, married an American and be waiting for the adjustment of status process to go through. This takes at best several months. Within that timeframe the student visa could have expired. At this point, the immigrant is still legally allowed to be in the US because they are undergoing adjustment of status and have an appointment with the immigration services. Yet at this point, they don’t have any official documents proving their legality. There are dozens of these types of possible scenarios. How is law enforcement expected to be versed enough in this stuff – seriously it’s as complicated as the IRS regulations. Do the police just verify to see if there is a deportation order, or do they actually want to see proof that the individual is in a legal status?

Posted by: Richard | Dec 5, 2007 9:56:22 AM

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