More communities use local police to enforce US immigration law

Prince William County in Virginia is one of a growing number of counties and cities making their own immigration reforms.

from the July 17, 2007 edition

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Using an approach that takes race, ethnicity, or language into account is what landed Hazleton, Pa. – which passed an ordinance in July 2006 that punishes landlords for renting to illegal immigrants and employers for hiring them – in court, following challenges by the American Civil Liberties Union (ACLU) and other immigrant-rights groups. A decision in the case is expected soon.

One way communities can reduce their legal risk is by entering into an agreement with the Department of Homeland Security (DHS), says Cristina Rodriguez, a law professor at New York University. The agreement gives local police officers authority to enforce federal immigration law after they receive training in cultural sensitivity and in techniques to avoid racial profiling.

Though Prince William County's resolution calls for such an agreement, it will also require many police officers and county officials who do not have the federal training to make citizenship determinations, Professor Rodriguez notes.

The county already has such an agreement with DHS: Local officers who staff county detention centers screen all incoming individuals for legal status. Under the new resolution, the county plans to expand that ability to general police officers, so they can screen anyone they detain and suspect of being illegal. Every month, Immigration and Customs Enforcement (ICE) allows the county to send it as many as 40 persons whom county officers determine are illegal for deportation. Stewart says he hopes to see the number increase.

Twenty-one state and local law-enforcement agencies have already struck such agreements with DHS, and about 75 others have submitted applications. The program was first authorized in 1996, but most agreements have been signed in the past 18 months, says an ICE spokesman.

A key question is whether such enforcement action will result in more deportations and deter future illegal immigration.

Rodriguez, for one, insists it will not accomplish such aims. "The symbolism could make some people leave, but the overwhelming factor is the economic factor, and if there are jobs, the population will remain," she says.

But in Arizona's Maricopa County, a major thoroughfare for border crossers, the sheriff's office sees it differently. It entered into a pact with DHS nine months ago, and its website says deputies acting under federal authority have so far identified 182 arrested persons as illegal immigrants. The program has been successful so far, says Paul Chagolla, spokesman for the Maricopa County sheriff's office.

Though ICE covers the cost of training and some of the extra enforcement-related expenses, Stewart expects that the costs of Prince William County's immigration overhaul eventually will run into the millions. The resolution also directs county agencies to determine which public services can legally be denied to illegal immigrants. Critics like Ms. Friedland suggest that move will deter such immigrants from using critical services such as emergency medical care that they cannot be denied under law out of fear of deportation.

So far, the ACLU of Virginia has no plans to challenge Prince William County's resolution. That could change, says executive director Kent Willis, after its details become clear.

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Click to enlarge Rich Clabaugh – Staff