Phoenix Police Assumes Bigger Role to Turn People
Without Legal Documents Over to ICE
Published by the Hispanic Institute of Social Issues in Phoenix, Arizona
HISTORY IS ABOUT TO CHANGE Grassroots Journalism
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ANNOUCEMENT City of Phoenix
Mayor Phil Gordon announces to 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)
A Washington-based think tank’s analysis on the legality of state and local immigration measures believe
the effects of this type of legislation may eventually lead governments to reconsider how they deal with
unlawful immigration.
Phoenix, Arizona. May 22, 2008 - 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.
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.”
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; 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.
ENFORCEMENT A group of
immigrants suspected of being in the
country illegally are held outside a
safe house after the place was
discovered by Phoenix Police
Department. (Photo: Phoenix Police
Dep.)
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