R.I wants to check legal status

Why do our police need to get special "permission" to enforce our immigration laws???

Chief wants right to ask immigration status

Written by HOWELL, JOHN
Tue, Apr 08 08
By JOHN HOWELL

Warwick Police Chief Col. Stephen McCartney expects the governor’s order dealing with illegal immigrants will have little effect on police operations throughout the state, although it has “stirred up a firestorm” that, from his perspective, could have negative legislative outcomes.

McCartney is the President of the Rhode Island Police Chiefs Association, and said the group would meet this week to draft a position on legislation introduced by Senator Rhoda Perry of Providence. The measure, seen by its proponents as a means to reduce racial profiling, would restrict police ability to question people.

As for the governor’s order to give state police and correctional officers the power to check whether certain people are illegal immigrants, McCartney says, “If individuals are arrested, we check on [their] status, and send it to ICE [Immigration and Customs Enforcement]. We’ve been doing that for years.”

McCartney favors the deportation of illegal immigrants, especially those involved in criminal activity.

He said estimates are that there are 640,000 illegal immigrants in the country who committed violent crimes.

“It seems to me, these people are victimizing their own people,” he said.

McCartney, who came to Warwick from the Providence Police Department, said that the violent street gang MS13, with roots in Latin America, has an estimated 150 to 200 members in the capital city.

“It’s inexplicable why we would want to hide these people. We have to get them out of this country,” he said.

In brief, the governor’s order that has met with harsh criticism, including that of the clergy, requires state agencies and vendors who do business with the state, to verify the legal status of all employees, allows the state to inform people who have had their identity stolen and directs the Rhode Island State Police and the Department of Corrections to work with U.S. Immigration and Customs Enforcement to ensure federal immigration law is enforced.

McCartney feels the governor could have handled the issue better. He said that the governor did not seek input from the Police Chiefs Association and that he fears the ruckus caused by the order will carry a backlash.

“I wish the governor had contacted the association,” he said. The result, he said, “has exacerbated the debate…the other side has stirred this up.”

Last week, as the governor’s executive order became the topic of radio talk shows and State House rallies, the governor reiterated his position.

“I support allowing more legal immigrants and guest workers to enter the country. Legal immigration made America what it is today and legal immigration helps drive our nation's economy," he said.

"Illegal immigration, however, is an entirely separate issue. America needs to reform its immigration laws. Unfortunately, the federal government has failed to enact the necessary reforms. As a result, elected officials across America must support and enforce the laws currently on the books. The Executive Order I signed last week does nothing more than help Rhode Island state officials enforce the law."

McCartney does not imagine police will go door-to-door looking for illegal immigrants in a massive deportation effort.

“I don't see us doing anything any differently that what we were doing before,” he said.

Rather, he fears greater restraints on how police routinely operate, should the Perry legislation, S2230, gain traction.

“They don't want us asking for ‘Green Cards.’ They want to restrict us from dealing with ICE. It is the prerogative of departments to do what they want, to check their status.”

McCartney said he has met with backers of Perry’s legislation since last July, but it has taken them nowhere.

“Their idea of compromise is compromising on their playing field. We're no better off this year than last year,” he said.

In particular, McCartney targets Steve Brown of the Rhode Island Chapter of the American Civil Liberties Union.

He accused Brown of being “anti-police” and having an agenda of promoting the national ACLU agenda.

“He’s been very irresponsible with comments concerning police,” said McCartney.

Brown did not respond to what McCartney had to say about him.

“We think encouraging to enforce the federal law [on illegal immigrants] will exacerbate racial profiling,” he said.

He said police probes would be based on the way a person looks or speaks. He said police have continued to ask questions after having been given a license and asked questions of a vehicle’s passengers when they have no bearing on the infraction for which the driver was stopped.

“In the absence of suspicion of criminal activity they have no authority to ask the passengers and driver further questions,” he said.

Brown said the legislation has not been scheduled for the Senate Judiciary Committee yet.

McCartney is frustrated by efforts to deal with the issue of illegal immigrants. He said when states seek to do something, they are criticized for seeking to usurp the federal government and when the feds take action “they are demonized.”

“Local law enforcement is going to have to speak out on this,” he said.

In releasing his directive, Carcieri said that, according to a Pew Foundation study, Hispanic Rhode Island has approximately 40,000 illegal immigrants. He said that has an impact on public schools, hospitals, state and local human services organizations and law enforcement agencies, but did not estimate the direct cost.

“That, in turn, has an impact upon state and local budgets. In these difficult fiscal times, we barely have enough resources to take care of the neediest amongst us who are here legally,” he said.

The Executive Order includes six provisions:

First, it requires the Department of Administration to register and use a federal government program, E-Verify, to electronically verify that all executive branch employees are legally eligible to be employed in the United States.

Second, the Department of Administration will require all companies, contractors and vendors doing business with the State of Rhode Island to use the federal E-Verify program to ensure that their employees are working in our country legally. (In recent years, a number of other states have enacted similar measures, including Arkansas, Colorado, Georgia, Minnesota, Tennessee, Texas and West Virginia.)

Third, the Executive Order gives state agencies the authority to notify people who have had their identity stolen or used improperly to receive benefits for others, such as childcare, health care or a driver’s license.

Fourth, the Rhode Island State Police will establish a Memorandum of Understanding with the United States Immigration and Customs Enforcement to receive training to assist ICE personnel in arresting illegal immigrants. Currently, if the state police arrest illegal immigrants they must call ICE to determine if deportation will be pursued. With this new partnership, the state police who have been trained by ICE will be able to access federal databases, process immigration prisoners and transport them to the Wyatt Detention Center.

Fifth, the Department of Corrections will also develop a Memorandum of Understanding with ICE to enable state correctional officers to have the authority and the necessary training to address illegal immigration issues at the ACI. This will allow ACI personnel to perform some of the duties of ICE agents such as investigating immigration status and preparing the necessary documentation for those who have been found to be in this country illegally. This will streamline the process and make it more efficient.

Sixth, the Parole Board and the Department of Corrections will work cooperatively with ICE personnel to provide for the parole and deportation of criminal aliens. With this new collaboration, ICE will become engaged in the process early on and provide the Rhode Island Parole Board with pertinent information on inmates prior to their parole eligibility date.

Cont'd through link................

http://www.warwickonline.com/warwickonline/index.php?option=com_content&task=view&id=36645&Itemid=0

R.I wants to check legal status

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