part III
Phoenix, AZ. Almost six months after city of
Phoenix Mayor Phil Gordon announced his
decision to modify the policy that stipulates and
determines when police officers should involve
immigration authorities in their work, Operations
Order 1.4 has reached its real intended revision.
The amendment specifies the expanded latitude
in which Phoenix Police officers should proceed
as they encounter situations where the
immigration status of people engaged in criminal
activity is questionable.
Both, Mayor Gordon and Phoenix Police Chief Jack
Harris, as well as other city public officials were
present at a press conference held at Phoenix
City Hall on Thursday, May 22, when the revision
was officially announced and implemented.
City of Phoenix Mayor Phil Gordon announces to members of the Media the implementation of the changes to Operations Order 4.1. The amendment specifies the expanded latitude in which Phoenix Police officers should proceed as they encounter situations where the immigrations status of people engaged in criminal activity is questionable. (Photo by Eduardo Barraza/BARRIOZONA)
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A intent to revise Operations Order 1.4 was first announced on
December 3, 2007, when the Mayor described the situation of
illegal immigration as, “on many levels, the most urgent domestic
issue facing our nation.” He stated that based on his judgment,
Phoenix was required to take “a bigger role” as a city and widen
the role of police officers when coming across situations involving
individuals who lack legal status.
The plan to modify Operations Order 1.4 was introduced within the
framework of a consultative four-men team of “nationally
respected prosecutors and Constitutional experts”, who were
asked by Gordon “to draft a new Operations Order that will allow
individual officers to notify ICE when any law has been violated by
a person they have reason to believe is in the United States
illegally.”

“We have always done more against illegal, immigration —both in numbers
and in programs— than any other city in the country, Gordon said. “And when
it comes to going after the illegal immigrants who have committed criminal
acts, we are the best. So to anyone who believed —or believes— that Phoenix
is a Sanctuary City -- you are wrong.” (Photo: Phoenix Police Dep.)

complete request for a criminal
investigation via a departmental report; or,
detain the individual and turn him/her over
to ICE. Approval prior to contacting ICE will
be obtained from a supervisor.
Neither victims or witnesses of a crime will
be questioned about their immigration
status or turned over to ICE —stipulates
the revised policy— and all interactions
between officers and arrested individuals
will be documented and subject to review
by a supervisor. This intends to protect
officers from “false accusations of racial
profiling.”
Initially, when the Mayor revealed his plan
to modify Order 1.4, Chief Harris defended
the 20-year old policy, pointing out
“significant changes could cripple the
department's efforts to fight violent crime.”
Harris made known his disagreement to
modifying the policy last December, stating
his department’s “limited resources”
shouldn’t be diverted to “go after
landscapers and dishwashers.” He further
expressed his concern by saying that
"altering the operations order could change the focus of the Police Department, which is fighting violent crime and
taking career criminals off the streets.”
In contrast with his previous statements, Harris said during Thursday’s press conference that the revised policy
“provides Phoenix officers with additional tools to aid them in the performance of their job and will further enhance
criminal investigative efforts attributed to illegal immigration in this city. He added the new policy “will only serve to
further enhance these efforts.”
The Mayor and Police Chief emphasized Phoenix Police Officer’s primary responsibility is public safety, and assured
they won’t be performing functions solely aimed to determine people’s immigration status. However, they highlighted
the city’s tracking record when it comes to fight illegal immigration. “We have always done more against illegal,
immigration —both in numbers and in programs— than any other city in the country," Gordon said. “And when it
comes to going after the illegal immigrants who have committed criminal acts, we are the best. So to anyone who
believed —or believes— that Phoenix is a Sanctuary City -- you are wrong.”
Harris pointed out that the assertion Phoenix Police Department is doing nothing about illegal immigration “could not
be farther from the truth.” He presented data indicating Phoenix officers booked nearly 46,000 criminals into the
Maricopa County jail in 2007. “I am very appreciative of the service that Sheriff Arpaio and his staff are providing at
the jail,” he said.
Phoenix Police Assumes Bigger Role to Turn People Without Legal Documents Over to Immigration and Customs Enforcement
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The newly revised version of Order 1.4 allows Phoenix Police officers to question the immigration status of all
arrested persons on a criminal charge —regardless of their race, ethnicity, or country of origin. In addition, officers
are allowed to take detained individuals to ICE facilities. The revised Order 1.4 allows police officers to use their
discretion and act based on the circumstances.
Discretionary measures on the part of police include releasing the person and completing an ICE referral form;