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Edition of March 21, 2008

287(g) Serves as Police Tool
By Rebecca Plevin Send Mail to Writer
Observer Staff Writer
After about seven months of participation in the 287(g) program, Police Chief Toussaint Summers said the Herndon Police are more knowledgeable about immigration issues and more effective and efficient in dealing with immigration.
About a year ago, the Town Council approved an agreement with the Bureau of Immigration and Customs Enforcement, authorizing Herndon Police officers to take on federal immigration duties. At that time, some residents raised concerns about how the program would affect the police's relationship with the community, how the police would avoid racial profiling, and how much the program would cost the town. But Summers said that since the program went into effect in June, none of those fears has been realized.
The 287(g) program has "only enhanced our ability to serve the public," Summers said. Through ICE training, the police learned to ask the right questions about immigration status and to better scrutinize documents, and they have learned more about immigration and the visa process, he said. The program, he said, "Adds to the officers' resources." It is, "more tools in the toolbox."
Through the 287(g) program, specially trained Herndon police, under the supervision of ICE, have the authority to arrest without warrant, interrogate, transport, detain and process for deportation any illegal immigrant charged with a group A offense or driving under the influence. Group A offenses include sexual assault, fraud, drug offenses, robbery, prostitution, homicide and theft.
Residents raised concerns about racial profiling since authorized police officers can initiate a 287(g) investigation into anyone they come into contact with during their normal course of duties and who they have reason to believe might be an illegal immigrant. Officers will run a criminal background check of the person and, if the person has been convicted of a Group A offense or driving under the influence, the officers can then ask a series of questions to determine a person's immigration status.
Summers said he has not received any complaints about racial profiling thus far. "We constantly emphasize that racial profiling is not an acceptable practice," he said. He said the police know that illegal immigrants come in, "all sizes, shapes and colors." He said, "We judge each case according to its merits."
He said the police have been very careful to ensure that they "use this authority properly."
Residents also raised concerns about whether members of immigrant communities would no longer trust the police, but Summers said he does not believe the program has impacted the police's ability to make contacts within the community. Summers said the average citizen "continues to understand we are only doing our job." If a person does nothing wrong, he said, he or she has "nothing to fear." He said the initiative targets people who have already been convicted of a serious crime and come in contact with police again, who present a "strain on law enforcement."
Summers said it has proved beneficial to have officers use their 287(g) training in the course of their regular duties, instead of creating a special task force aimed at immigration. "The officers on the street have the most contact with the community," he said, so they can "use the tool better."
Summers also said the 287(g) program has increased the police's efficiency. Before, he said, police officers would contact ICE when they suspected a criminal was an illegal immigrant, and an ICE agent either would not have time to travel to Herndon or the Herndon police would waste time waiting for an ICE agent to arrive at the station.
Now, he said, the squad spends less time waiting for ICE. The 287(g)-trained officers act as a "force multiplier for ICE," he said, because the police are "standing in the stead of ICE."
Since the program began, the Herndon Police have not released the names or the number of police officers trained by ICE. Summers said the police instituted this policy because they would like citizens to believe that all officers are 287(g) trained, so that all officers will be treated the same. "We don't want to create false fear," he said.
His goal, he said, is to eventually have all the town's officers trained through the program.
Since the 287(g) program began in June, the Herndon police have detained and jailed 46 people for suspected immigration violations. They conducted 287(g) investigations on 126 people who police had come in contact with through police duties.
Summers said the Herndon police do not track what happens to people once ICE has detained them. ICE spokesman Richard Rocha said ICE does not have available information on the status of each of the 46 cases.

 

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