Phoenix Police Banned From Upholding State and Federal Immigration Laws


Under the new Phoenix policy, police officers are forbidden from contacting federal immigration authorities after arresting an illegal alien or from asking those apprehended about their immigration status. The policy violates key provisions of a state law that has been upheld by the U.S. Supreme Court.

Judicial Watch obtained a copy of the Phoenix Police Department’s new sanctuary Immigration Procedures, which also replace the term “illegal alien” with “a person unlawfully present.”

Previously, Phoenix police were permitted to use their own judgment in contacting federal Immigration and Customs Enforcement (ICE). The new policy now creates what some officers believe is a bottleneck that will disrupt the process.

The revised policy, issued just weeks ago, mandates all contact with federal immigration partners to be funneled through a single Violent Crimes Bureau (VCB) desk sergeant who will document all immigration related data and give authority to call ICE.”

It’s clear the policy is designed to provide a sanctuary status for illegal immigrants. In terms of all other federal law, Phoenix police have the authority to contact the relevant federal agencies directly. This policy includes the FBI, Secret Service, the Drug Enforcement Agency, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Postal Inspectors and U.S. Marshalls. ICE is the only agency off limits to the rank and file for direct contact.

After the defeat of longtime Maricopa County Sheriff Joe Arpaio last November, incoming Sheriff Paul Penzone instituted a lenient policy to release illegal immigrants before they can be turned over to ICE for deportation. These jailed individuals (who Penzone calls “guests”) are being held for everything from misdemeanors to felonies. It’s estimated that an average of 400 criminals are released every ten days without notifying ICE.

There’s no telling how many criminals he’s (Sheriff Penzone) putting on the streets,” a high-ranking federal law enforcement official stationed in Arizona told Judicial Watch.”

This poisonous mentality has apparently carried over to the Phoenix Police Department.

Besides forbidding questioning suspects regarding place of birth, country of citizenship and legal status in the United States, the new Phoenix policy says that transportation of illegal aliens to ICE by officers has been eliminated for civil immigration violations unless the illegal alien “consents to a transport.”

These policies are in direct violation of a 2010 Arizona law known as Support Our Law Enforcement and Safe Neighborhoods Act (SB1070). Open border advocates and so-called civil rights groups fought the law all the way to the U.S. Supreme Court, which upheld two key clauses.

The first, requires law enforcement officers to determine a suspects’ immigration status if “reasonable suspicion” exists that the person is in the U.S. illegally. This grants officers the discretion that has just been stripped in Phoenix. The other clause in Section 2 allows state law enforcement officers to transport illegal immigrants directly to federal custody.”

Such blatant defiance of federal and state laws by law enforcement officials in Arizona’s capital city and surroundings is the height of arrogance and criminality.   It usurps the will of the people as expressed in the laws of their elected representatives.

Source: Judicial Watch

Image: Ground Report

 



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  1. Lisa Hawks
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