Florida asks to arrest illegals
August Gribbin
THE WASHINGTON TIMES
Florida officials have asked the federal government
to let state and local police arrest and detain suspected illegal aliens.
If approved, the proposal would mark the first
time that state or local law-enforcement officials have been empowered
to arrest aliens for violating immigration
law, a function assigned to Border Patrol and Immigration and Naturalization
Service agents.
The state has submitted to the Justice Department
a plan that calls for 35 Florida law-enforcement officers to receive special
training from the INS in immigration
law.
The officers would then be assigned in teams
of five to the state's seven regional anti-terrorism task forces and would
be empowered to stop, question and jail
undocumented aliens.
The regional task forces are teams made up
of rescue specialists, doctors, lawmen and various types of emergency personnel.
The teams share responsibility for
preventing terrorist attacks and are assigned to manage response when
assaults can't be stopped.
Some national Hispanic activists immediately
decried the proposal.
"The Latino population is concerned about
this," said Michele Waslin, senior policy analyst for the National Council
of La Raza, an activist group that calls itself
"the largest constituency-based national Hispanic organization, serving
all Hispanic nationality groups in all regions of the country," according
to its Web site
(www.nclr.org).
"We're against that type of collaboration,"
she said. "We believe that is not an effective way to fight terrorism,
and it will affect a lot of people who are here
unlawfully and those here lawfully. It will lead to racial profiling
and to civil rights violations."
Jose Pertierra, a District-based immigration
attorney, said immigration matters are too complex for local police to
handle. He also predicted "racial profiling."
"Granting Florida police such authority creates
legal problems. Next to tax law, immigration law is the most codified and
complex and requires extensive training
to understand. Training for non-INS police would not be sufficient,
and there will be selective enforcement — a focus on 'foreign-looking people,'
whatever that
means," he said.
The concept of giving local police the authority
Florida seeks is not new. In 1996, when Congress revised immigration laws,
it included provisions authorizing the
INS to train local law enforcement officers with a view toward local
lawmen supplementing INS enforcement efforts.
Discretion to approve requests for training
and arrest authority was given to the Attorney General. Until now, though,
empowering any but federal authorities to
enforce immigration law was deemed inappropriate, though the INS has
insisted it has too few special agents to cope with the more than 8 million
illegal
border-crossers in the nation.
Because of the agent shortage, there
have been many reports that the INS is unable to respond when police ask
for assistance after encountering vans or trucks
believed to be smuggling aliens into the country.
The St. Petersburg Times reported last week,
for instance, that police outside Tallahassee discovered 26 persons crammed
into a U-Haul truck. The travelers
couldn't speak English, had no identification and couldn't establish
that they were U.S. residents.
The police called for INS agents, who never
arrived, and the 26 went on their way. Florida police report that such
occurrences are common in the state.
Since September 11 and the discovery that
most of the 19 terrorists involved in the attacks on the World Trade Center
and the Pentagon spent time in Florida,
state law enforcement agencies have been especially sensitive to sneaky
incursions into the country. The Justice Department are similarly concerned.
Justice officials will give no details about
the negotiations with Florida. Department spokeswoman Susan Dryden would
only say that the "Justice Department and
INS are exploring every way to make the enforcement of our immigration
laws more effective."
However, a Justice official, who spoke on
the condition of anonymity, said, "The Attorney General has the authority
to grant that power and is now making use of
it."
Allan Dennis, spokesman for the Florida Department
of Law Enforcement, was reluctant to reveal the details of the plan.
"It would be premature," he said. "We've made
our proposals in a memorandum of understanding, and the Justice Department
may amend them."
But, he said, "This is not about squads of
officers doing the INS' duties. It's not about raiding migrant farm workers'
camps looking for green cards. It is about
giving regular police someone in their region's task force to call
when they encounter suspicious circumstances."
Mr. Dennis said he is alarmed at the opposition
by some Hispanic and pro-immigration groups to Florida's request.
"We will touch bases with the various immigration
groups to make sure they understand what this is and what it is not about,"
he said. "We want to do this, and
we want to do it right."