Los Angeles Times (Editorial- California)
July 8, 2015
In
the contentious debate over immigration reform, there is one point on
which most Americans agree: Individuals with serious criminal records
should be deported. Yet
in deference to local and state laws limiting police cooperation in
immigration cases, some law enforcement agencies have in effect stopped
communicating with Immigration and Customs Enforcement, even in
common-sense situations.
Earlier
this year, San Francisco officials ignored a request from ICE to hold
or at least notify the agency before releasing Juan Francisco
Lopez-Sanchez, who had seven
previous felony convictions and had been deported five times. Instead,
they let him go in April, and last week he was charged in the fatal
shooting of a woman strolling along the Embarcadero. ICE officials
criticized San Francisco Sheriff Ross Mirkarimi for
releasing a suspect with a "lengthy criminal history," rather than
turning him over for deportation. Mirkarimi said ICE knew that the city
ignores federal immigration requests that aren't accompanied by a court
order, but agents didn't bother to get one.
The
public dispute highlights the tension between ICE officials and local
authorities, who have increasingly declined or ignored requests for
immigration holds on people
being released from custody.
Why
would law enforcement officials ignore such federal requests? Many
believe it is inappropriate and counterproductive for local authorities
to act as immigration agents.
It undermines police relationships with immigrant communities and makes
people reluctant to report crime or step forward as witnesses for fear
that any contact with law enforcement could result in deportation.
We
agree that police shouldn't be questioning suspects to determine their
immigration status, nor should they be holding people in their jails for
long periods waiting
for ICE to come pick them up. But there's no reason to bar all
communication with immigration officials or prevent cooperation in
deporting high-priority offenders. ICE has recently revised its policy
and is now asking local authorities to alert it when an
"individual of interest" is to be released, rather than hold the
individual. That's a good start.
Federal
officials have to show law enforcement agencies that they are truly
targeting high-priority offenders for deportation and that they are
responsive to the concerns
of those who must maintain community trust. But local authorities also
should be willing to cooperate. Clear protocols are needed for
transferring suspects to federal custody. It's in the interest of all
residents — whether they're here legally or illegally
— to ensure that serious criminals get deported.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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