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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Friday, March 23, 2012

Michigan State Police Probe Claim of Racial Profiling

The Detroit News: Michigan State Police officials are investigating what led to a officer allegedly racially profiling a U.S. citizen of Mexican heritage in Livonia last year and allegedly threatening him with deportation.

ACLU said Tiburcio Briceno, a Grand Rapids resident and delivery driver for an auto parts company, was driving in a registered company van when he was stopped Feb. 8, 2011. The ACLU claims he was targeted for unfair treatment because he was believed to be an illegal immigrant.

The ACLU called the incident an example of racial profiling and unconstitutional.

"Rather than issue him a ticket, the officer interrogated Briceno about his immigration status apparently based on the fact that Briceno is of Mexican origin and speaks limited English," the American Civil Liberties Union said in a statement Wednesday. "Dissatisfied with Briceno's valid Michigan chauffeur's license, the officer threatened to "kick his butt" if he was lying about his status."

The officer checked Briceno's records, called U.S. customs officials and told the man he was being deported, the ACLU said. He was handcuffed and the van was impounded, the ACLU said.

Although Briceno insisted he was an American citizen and offered to show his Social Security card, the officer refused to look at it, the ACLU said.

The customs agent determined Briceno was a citizen. No traffic ticket was issued and he was released.

Col. Kriste Kibbey Etue, director of the MSP, said Wednesday an internal investigation would be launched.

"The department does not condone, support, or teach any type of bias profiling, nor do we endorse discriminatory enforcement practices," Etue said in a statement. "Any enforcement action that is race-based, consciously or thoughtlessly, is neither legal nor consistent with MSP principles, values, or policies, and is not tolerated by the department."

The ACLU is asking for a written apology, an investigation to address training issues that led to the incident and written notice be issued to officers reminding them it is illegal to use race, ethnicity or language ability to assess immigration status.

In a translated statement, Briceno said: "Becoming a U.S. citizen was a proud moment for me. … Although I still believe in the promise of equality, I know that I have to speak out to make sure it's a reality for me, my family and my community. No American should be made to feel like a criminal simply because of the color of their skin or language abilities."

Allegations of racial profiling have been noted in Metro Detroit in recent years.

In 2011, community leaders and activists said federal immigration agents were stalking Hispanic immigrants on the city's southwest side as they attended church and took their children to school.

As anti-immigration sentiment grows, "it's not surprising that we see many cases of profiling," said Ryan Bates, director of Alliance for Immigrants Rights & Reform Michigan, a nonprofit advocacy group based in Dearborn.

Such targeting, he said, "breaks down the trust between community and law enforcement. …Not only does that strike at the heart of our civil rights, but it undermines our safety."

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