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IMMIGRATION POLICING: Rights leaders raise profiling issue

Police, ICE deal expected to increase deportations of criminals

Civil rights leaders worry that a new agreement between immigration officials and Las Vegas police could lead to racial profiling and make people afraid to report crimes.

The agreement between the Metropolitan Police Department and the U.S. Bureau of Immigration and Customs Enforcement allows some officers at the Clark County Detention Center to identify immigration violators and initiate deportation proceedings against them.


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  • Such agreements inspire fear in immigrant communities, said Maggie McLetchie, a staff attorney for the American Civil Liberties Union of Nevada.

    "Whatever the actual scope is, the public perception is going to be that Metro equals ICE," she said. "Even people who are not wrongdoers, even victims of crime are going to be deterred from cooperating with police."

    Meanwhile ICE officials and Las Vegas police remained tight-lipped about details of their so-called 287 (g) partnership, which is expected to substantially increase deportations of local foreign-born criminals who are jailed.

    The partnership's name comes from the corresponding section of the federal Immigration and Nationality Act.

    ICE would not provide a copy of its memorandum of understanding with police.

    A police spokesman said the department will release more information at a news conference this week.

    The agreement, the first of its kind in Nevada, empowers specially trained local corrections officers to do some forms of immigration policing. After a person has been arrested and taken to jail, designated officers will determine that person's legal status and "deportability," according to ICE.

    The agreement will affect only those who have already been arrested on other charges, ICE said.

    Sheriff Doug Gillespie has declined to comment on the agreement recently, but told the Review-Journal late last year that any such partnership would be limited to the jail and would not affect a long-standing department policy that prevents local police on the street from asking potential immigration violators about their legal status.

    McLetchie said the partnership will affect police's ability "to keep the community safe, because people are going to be deterred from reporting crimes."

    "Metro's job is not to enforce immigration law, but to ensure the safety of our communities," she said.

    Nationally, 63 local and state police groups have immigration partnerships, according to ICE.

    Though 287 (g) agreements are meant to target criminals who may be in the country illegally, independent law enforcement agencies sometimes overstep those parameters, which can lead to racial profiling, said Cesar Perales, president and general counsel of the LatinoJustice PRLDEF, formerly the Puerto Rican Legal Defense and Education Fund, a New York-based Latino advocacy organization.

    "You have situations in which police stop people for traffic citations and try to identify whether people are in the country" illegally, he said. "That's wrong. That's not the purpose of police."

    He declined to name municipalities that he believes have abused 287 (g) agreements.

    Arizona's Maricopa County Sheriff's Office entered into a 287 (g) agreement with ICE in February 2007. A spokesman for the office refused to comment about the partnership.

    The Arizona Republic recently reported on allegations that Sheriff Joe Arpaio's office violated the ICE agreement by targeting day laborers instead of violent criminals and violated the civil rights of Hispanics.

    The Republic also referenced the partnership in conjunction with the newspaper's investigation into recent arrest records.

    Arpaio has vehemently denied his deputies were profiling, and federal officials said they found no violations of the agreement that allows deputies there to enforce some immigration laws, according to the newspaper.

    Locally, 10 corrections officers have undergone several weeks of training with ICE officials as part of the 287 (g) agreement, a Las Vegas police spokesman said.

    The officers will have access to a federal database of known immigration violators that will tell them whether an inmate has been deported before or if the citizenship status of that inmate is in question, the spokesman said.

    Officials wouldn't say whether the names of every inmate booked into the Clark County Detention Center would be run through the database, or whether only the names of suspected immigration violators would be run.

    If an inmate is flagged in the software program, that information will be passed along to ICE officials.

    Jail officials also will be authorized to put immigration detainers on inmates determined to be legally deportable, allowing ICE to step in upon resolution of criminal cases.

    Immigrants convicted of crimes are deported only after serving their sentences in this country, under current law.

    Inmates who could end up targeted for deportation include formerly legal residents who lost their legal status after being convicted of crimes.

    The Metropolitan Police Department applied for the partnership last year. ICE officials say enforcement efforts are more effective in areas with such agreements.

    Increasing state and local partnerships is the cornerstone of ICE's "Secure Communities" plan, which aims to target foreign-born criminals in jails nationwide.

    Last year, ICE brought immigration charges against about 164,000 foreign-born inmates nationally, up from 67,000 in 2006. The agency deported some 95,000 foreign-born criminals last year.

    ICE was unable to provide the number of foreign-born inmates deported locally.

    Contact reporter Lynnette Curtis at lcurtis@reviewjournal.com or 702-383-0285.

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    Sue wrote on October 16, 2008 03:39 PM: Join thousands of US citizens from throughout the country by joining these FREE sites/forums and get involved NOW!!

    http://www.numbersusa.com

    http://www.minutemanhq.com

    http://www.americanpatrol.com


    A Citizen wrote on October 15, 2008 09:57 PM: Hooray for the Police Dept. and shame on the ACLU. If ICE, the immigration dept., border patrol, and all police depts. had been allowed to do their jobs we would not be having these problems. Our government has allowed this invasion of illigal aliens to go on for years and it has undermined the rule of law across the U.S. not to mention countless other problems.


    carlos h mackey wrote on October 15, 2008 12:45 PM: Jack:I am not Mexican. If you saw me I look more like a Tyrone or a Willie Washington than a Carlos. What I am saying is:There is nothing in the constitution that even mentions immigration;thererfore the states have the right to control the acts of illegal aliens in their states.


    carlos mackey wrote on October 15, 2008 12:10 PM: Patrick:The supremacy clause prevents the states from passing laws contrary to federal law. That is why there are state laws on drugs and state laws on bank robbery in parallel to federal law. naturalization and immigration are not the same thing:My mother was born in this country but was not a citizen. She didn't become a citizen until June 2 1924 when all American Indians were made citizens by an act of congress. So far all Arizona laws on illegal aliens have been upheld. I dont have the case law in front of me so I can't quote the exact case number but there is a case of Mueller which gives local police the right to arrest people for immigration violations. If a suspect admits that he or she is in the country illegally, that is probable cause to take that person into custody. Also if that person has multiple IDs and or states that he or she is foreign born,but has no passport or visa, that gives the police officer the right to briefly detain that person while ICE is informed.


    Mike McGarry wrote on October 15, 2008 10:13 AM: They arer not "civil rights leaders." They are foreigh criminals and their criminal aiders and abbeters.


    BobbT wrote on October 15, 2008 05:22 AM: There isn't a single credible study that indicates people, no matter their culture, won't report crime. As for fear in the immigrant community; that is also nonsense. If you are legally here, there isn't anything to fear.


    Karen in Ca wrote on October 14, 2008 10:25 PM: Good for the state of Nevada, You should all be very glad that the govermental leaders and the police dept care enough to do anything at all. Just look at Calif, broke, crime ridden,has the nickname
    Mexafornia,you had better not need any Medical attention at the emergency rooms as it is at least a 6 to 10 hr wait, we are told all the time by these illigals we had better learn to speak spanish as they are taking over, yes, they are very brave. GOOD FOR NEVADA...


    Joe C wrote on October 14, 2008 07:27 PM: Bobby,

    You hit the nail right on the head. Pro-illegal alien groups have been able to hide their own racist agendas by disingenuous accusations against anyone that opposes them.

    Get an idea of their agendas go to www.mexica-movement.org
    Or check out Chicano studies on YouTube and you will see in LA, illegal alien kids being taught they are not illegal but the Europeans are.

    All this is a slick and intelligent unique invasion backed my Mexico, La Raza, LULAC, MALDEF and MECHA.

    All completely racist having nothing to do with equality but vengeance and blame, using their own twist on history.

    All the time claiming victim, when it’s the legal citizens being victimized; if truly this was about poor escaping poverty and corruption they would be protesting in front of the Mexican embassy demanding change in Mexico, a very rich nation.

    The second biggest importer of oil to the U.S..
    Not protesting in our streets waving the Mexican flag chanting Mexico.

    Any added attention is from their own actions and being the majority of criminals.
    Mexico is not a friend to this country and should be looked as an enemy needing more than just a wall between us.


    patrick wrote on October 14, 2008 06:14 PM: carlos h mackey:

    Sir: The federal government is granted jurisdiction over immigrants pursuan to the Commerce Clause of the Constitution which provides that "Congress is authorized to regulate commerce with foreign nations and among the states" (See Hernandez v Guerro, 963 F. Supp. 933, 037) However the most common sources of jurisdiction are derived from the Naturalization Clause, the Migration and Importation Clause and even the War Powers Act.

    The Constitution also implies power over immigration incident to its federal sovereignty. (See The Chinese Exclusion case 130 U.S. 581)

    And of course police officers MAY arrest a citizen for federal offenses WITNESSED by the officer. The problem with enforcing federal immigration law is HOW can a state officer, absent probable cause for believing that a crime has been commited, EVEN DETERMINE that a person is an illegal? The answer is, without profiling everyone that looks Mexican into a class of criminals, he can't.


    press2forEnglish wrote on October 14, 2008 06:03 PM: Just so all you people understand , our govt will do nothing to stop the flow of 3rd world peasants,
    If anything gets done it will be done by citizens , If nothing is done ,then get ready for this to be mexico in less than 5 years


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