SB 1070: Victims, Witnesses Can Be Questioned About Immigration Status Under Phoenix PD's Post-1070 Operations Order

Categories: SB 1070 Redux

He noted that in 2010, then Phoenix Police Chief Jack Harris opposed the passage of 1070. Indeed, Harris made a formal declaration in the U.S. Department of Justice's lawsuit against Arizona over the law.

"I believe SB 1070 will have a negative effect on our community policing efforts," Harris stated in the declaration. "I am very concerned that victims and witnesses will be afraid to call police for fear of deportation."

Harris also noted that, "The new law subverts the authority of management to direct its sworn resources where it deems appropriate because the law allows police officers complete discretion to enforce civil immigration violations."

Puente organizer Carlos Garcia expressed disappointment in the operations order change specifically because of Harris' outspoken opposition to the law. He stressed that the impact on the Latino community would be deleterious.

"The result is an unsafe community," Garcia said. "The result is the community doesn't trust the police. The result is handing people over to Sheriff Joe Arpaio [to be processed], and allowing him to do what he does."

Garcia said he did not know about the change in the operations order. And Puente's press release for the upcoming demonstration blasts the current policy as being made "without community input or media notoriety."

Thompson said he did not think the department issued a press release about the operations order revision when it occurred in 2010, but he insisted that since then the department had reached out to the Latino community about the changes.

Members of the Phoenix Police Department's Community Response Squad cited private meetings with some community leaders during 2011 and a public community forum held in July addressing the department's immigration policy.

Still, the post-1070 change in the operations order has not received the same high-profile attention that a 2008 change garnered. Prior to 2008, the Phoenix Police Department forbade its officers from inquiring into someone's immigration status, bringing charges from nativist groups that Phoenix was a "sanctuary city" for illegal aliens.

Facing the threat of a lawsuit by the right-wing anti-immigrant organization Judicial Watch, then Mayor Phil Gordon set up a blue-ribbon panel of former prosecutors to take input during a community gathering held mid-December 2007 and to make recommendations about the operations order.

The revised policy required all arrestees to be asked about their immigration status, but victims and witnesses were off-limits and a supervisor's approval was needed before contact with ICE was made.

Mark Spencer, the former head of the Phoenix police union PLEA (the Phoenix Law Enforcement Association), was famously accused of violating that operations order when he arrested a day-laborer outside a Phoenix Home Depot in 2009 and turned him over to ICE without booking the man for a crime.

An internal investigation found that Spencer did not "intentionally violate" department policy, but immigration activists and others accused him of setting out to push the boundaries of the existing operations order.

Those boundaries have expanded under Operations Order 4.48, though an officer's discretion is not limitless.

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13 comments
Anon
Anon

Mr. Lemons, Great investigative journalism.

Rob
Rob

THOSE FILTHY PIG BASTARDS! I HATE THEM.

BorderSam
BorderSam

Typical rant from leftist crybabies. Bottom line these people shouldn't be here, anchor babies, victims, witnesses, criminals, all of them need to go the hell back to Mexico. When cops come across them, they need to be hauled off to the border. Then they can get in line behind the people who want to come here legally.

LD19 Resident
LD19 Resident

Um, you might want to read the 14th Amendment, Sam.

The U.S. Supreme Court has already decided this issue. In 1898. It's called Wong Kim Ark vs. United States. Read it.

BTW, any person on American soil is entitled to the rights enshrined within the Constitution, whether or not your sorry ass likes it. 

Hrobster
Hrobster

Any person? Spies from China? Violent drug dealers from Mexico hiding in some quite suburb where innocent Americans are just trying to raise their kids? No wonder this country is up the creek without a paddle. With citizens like you who needs enemies.

ExpertShot
ExpertShot

 Typical anti-constitutional rant from a traitor to our Republic.  "Anchor babies"?  What the heck is that?   - Oh, you mean U.S. Citizens or people born here in this country of parents who are in an undocumented immigration status.

 Yeah, BorderSam, depriving a U.S. Citizen of their rights is an unconstitutional act - and you advocate it.  That makes you a traitor to this Republic and you should be ashamed. 

I agree that people who are not U.S. Citizens should be made to properly register with the immigration authorities, but to call them criminals when they have committed no crime is stupid.  A civil violation of our immigration statutes is NOT a criminal violation. 

BTW - Why aren't you crowing about the lack of prosecution of Matt Tolhman. 

http://blogs.phoenixnewtimes.c...

Hrobster
Hrobster

That's a lie Rob. Illegal aliens have whole networks where fake and stolen I.D.'s are sold.In Lost Angeles one place it's done is MacArthur Park. But the Los Angeles Police Department, being as corrupt as it is, doesn't care.

Bobby
Bobby

Correct. The government is engaged in fraud because it will not enforce immigration law. The laws are already on the books. SB1070, is nothing more than existing U.S. immigration law, not what the left is trying to make it. Having said this, we cannot deport kids who grew up here and who in many cases are as American as you or I. It's immoral.

Rob
Rob

 But Zoo's cool with the white, US Citizen meth freaks that steal the ID's and sell them to the illegal immigrants.

And with the US citizens who commit the bulk of ID fraud when they clean out people's bank accounts, ruin their credit, file millions of $'s worth of fake tax returns, etc,

Racist piece of shit.

Leonar Clark
Leonar Clark

Zooed, your going after natural born citizens (children) is disgusting ! Slyvester H. Herrera who won the medal of honor and was brought to Arizona as a child has his name on the very front of the monument in front of the Arizona state capitol ! Stop going after children and pick on someone your own size !
Leonard Clark
native of Arizona
native of Phoenix

zooed
zooed

"...A civil violation of our immigration statutes is NOT a criminal violation..."

Within days after border hopping, they acquire stolen Social Security numbers and perpetrate I.D. fraud to gain employment.  That IS a criminal offense.  

anchor baby:  "A child born to a noncitizen mother in a country that grants automatic citizenship to children born on its soil, especially such a child born to parents seeking to secure eventual citizenship for themselves and often other members of their family."
-American Heritage Dictionary 

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