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

Categories: SB 1070 Redux

The policy does not allow officers to detain an individual if that individual is wanted by ICE for a mere civil immigration violation. Officers are required to fill out a form referring the matter to ICE after releasing the person. In the case of a criminal immigration violation, the suspect would be transferred to ICE's custody.

If someone is suspected of violating a state law, that person would be booked into county jail and an immigration hold placed on them, according to the revised policy.

Thompson said that last year, the department had only three arrests for 1070 violations, but pro-immigrant activists say the department's new policy opens the door to racial profiling, and that a law enforcement officer could find a reason to arrest someone after beginning an immigration inquiry. Having a forged I.D., being just one such reason.

Victoria Lopez, a lawyer specializing in immigrant rights with the ACLU of Arizona, said she had been unaware of the revision to the operations order. She characterized the changes as being "discouraging" and "deeply troubling," and was critical of the open-ended discretion given to line officers.

"The issue with the whole thing is mandating the discretion to racially profile," Lopez said. "This is what this is boiling down to." 

The revised policy prohibits officers from arresting or detaining individuals based on race. But Lopez contends that when officers are granted such latitude, matters such as race, ethnicity and language inevitably factor in.

Phoenix is not the only city in the state to revise its immigration policy in the wake of 1070. The Mesa Police Department, for instance, cautions its officers to take into consideration whether someone is a victim, witness or juvenile before inquiring about immigration status. However, it does not prohibit such inquiries as it did in the past.

After District Court Judge Susan R. Bolton enjoined the heart of 1070, including a provision to have law enforcement officials the check immigration status and the I.D. of someone where a "reasonable suspicion" existed that the individual was in the country illegally, there has been a general assumption by much of the public that 1070 is on hold, pending its review before the U.S. Supreme Court in April.

Yet Phoenix Police Department Operations Order 4.48 is one sign that 1070's insidious influence persists, albeit not in full force.

"Because we're so preoccupied with SB 1070 and Arpaio, and because you've seen [some city officials] come out against Arpaio, we dropped our guard with the city," Garcia told me.

Garcia hopes to change that with Friday's rally, where he plans to call out the City of Phoenix for being a "quiet accomplice" to the enforcement antics of Arpaio's office.He's also submitted a lengthy public records request for details and statistics regarding the Phoenix Police Department's immigration enforcement.

I too find the fact that victims and witnesses can be questioned concerning their status to be worrisome, though I can also understand the Phoenix Police Department's legal predicament considering the dictates of 1070.

More worrisome is what awaits us after the U.S. Supreme Court rules. If the high court does not strike down 1070 or at least uphold Bolton's injunction, Arizona will endure yet another tsunami of fear, panic and prejudice. 

The sheer ugliness of what may transpire sends a chill up my spine. As bad as things are now for the undocumented in this state, there's potential for the situation to be far, far worse.

My Voice Nation Help
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 

Now Trending

From the Vault

 

General

Home

Loading...