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Phoenix Police to Report All Traffic Stops to ICE

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Phoenix Police Department's policy on enforcing SB1070 comes under scrutiny

PHOENIX - Arizona's new immigration law is set to take effect in just nine days, and the Phoenix Police Department's policy draft on enforcing it is coming under scrutiny, as some officers say there is a conflict between jurisdictional policy and state law.

"When a police chief trades in police work for politics, you get bad policies like this," said Phoenix Law Enforcement Association President Mark Spencer.

"What's unfortunate, is that police action that is directed at the few who engage in illegal activity, is now being imposed on the many who abide by the law," he said. "That's not the intent of the statute."

At issue is a clause that reads:

"For all arrestees not being booked, the arresting officer/employee will call or otherwise contact (communications, computer, etc.) ICE/CBP/287g, to verify the arrestee's immigration status."

The draft also says:

"All arrested persons including juveniles, shall have their immigration status verified by ICE/CBP/287(g) prior to the arrestee being released."

The section notes that:

"Presentation by the arrestee of presumptive identification and/or agency identification processes does not meet the requirement to verify immigration status."

Spencer sees the draft as a counterproductive policy to make the law too troublesome to enforce.

"If you want to cut the legs out from underneath it, make it costly, make it time-consuming and make it burdensome for ICE," he said. "That's exactly what this policy does. The chiefs have engaged in a self-fulfilling prophecy."

Spencer said the law was intended for officers to assume all people they come in contact with are in the county legally, unless there is reasonable suspicion they are in the country illegally, and they have committed another crime. He said it is burdensome to overload ICE (Immigration and Customs Enforcement) with calls to verify immigration status when there is not reasonable suspicion.

"Once a person provides valid ID, there's no reason to pursue illegal immigration anymore," said Spencer.

If the department is perceived not to be enforcing the law to the fullest extent, it is left open to lawsuits by any citizen.

PLEA is hoping for a revision of the draft in the next week.

"If it comes down to a policy and a state statute, the statute trumps," said Spencer. "We took an oath to uphold the law, not uphold a policy."

The Arizona Peace Officer Standards and Training Board (AZPOST), who is in charge of the training, declined comment for this story.

Representatives of the Phoenix Police Department also said they would not comment on the policy because it is still in draft form.

http://www.abc15.com/dpp/news/state/phoenix-police-department's-policy-on-enforcing-sb1070-comes-under-scrutiny

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No really? Who knew?

Oh, yeah right, there were people that predicted this outcome IF the law was enacted fairly rendering it nigh on useless and a total waste of time and money. Rock on baby!


Refusing to use the spellchick!

I have put you on ignore. No really, I have, but you are still ruining my enjoyment of this site. .

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This is exactly what I've been saying. People who have been supporting SB1070 have no idea the ramifications of this law on ordinary citizens.

You mean you have been predicting the Chief of the Phoenix Police Department was going to throw a hissy fit? :rofl:

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A part of me wants to be stopped and asked, "Your papers, comrade."


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Filed: Timeline

You mean you have been predicting the Chief of the Phoenix Police Department was going to throw a hissy fit? :rofl:

The law allows private citizens to sue police departments if citizens believe the po-po aren't doing everything they can to identify illegals. This was always the natural conclusion of that.

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Well, we all know where the largest portion of the police budget will be going from now on. Fabulous :thumbs:

Hey, if this turns at least one brown familys life into a living hell it will have all been worth it :luv:

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The law allows private citizens to sue police departments if citizens believe the po-po aren't doing everything they can to identify illegals. This was always the natural conclusion of that.

No, it is just a whiny-azz group of pantywaists throwing a temper tantrum. This goes way beyond the four walls of the the Arizona statute:

"Presentation by the arrestee of presumptive identification and/or agency identification processes does not meet the requirement to verify immigration status."

Edited by ##########

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No, it is just a whiny-azz group of pantywaists throwing a temper tantrum. This goes way beyond the four walls of the the Arizona statute:

You didn't quote the part of the statute I was referring to.

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Read my earlier post. You'll see what I'm referring to.

This?

The law allows private citizens to sue police departments if citizens believe the po-po aren't doing everything they can to identify illegals. This was always the natural conclusion of that.

My quote comes from the OP, not the statute. The Phoenix policy would require a 96 year-old white woman, born in the US, carrying all her records with her, including birth certificate, driver license, voting card, passport, social security card, and having her two sons, one an ICE agent, and the other POE Officer at LAX, to have her legal presence verified with the appropriate agencies, by computer, or phone call, before he can release her after a traffic stop.

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The Phoenix policy would require a 96 year-old white woman, born in the US, carrying all her records with her, including birth certificate, driver license, voting card, passport, social security card, and having her two sons, one an ICE agent, and the other POE Officer at LAX, to have her legal presence verified with the appropriate agencies, by computer, or phone call, before he can release her after a traffic stop.

Good.

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