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Phoenix Police Assumes Bigger Role to Turn
People Without Legal Documents Over to ICE
By Eduardo Barraza
BARRIOZONA
May 22, 2008
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.
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.
Copyright © 2008 Hispanic Institute of Social Issues
Grassroots Journalism
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Part III