Let police cross-check immigrants
Tuesday, April 16, 2002
By: Dan Stein

Atlanta Journal Constitution

At least two of the Sept. 11 terrorists, it was learned too late, had come in contact with local law enforcement agencies when they were stopped for routine traffic violations. While it is highly likely that the officers involved in those traffic stops ran on-the-spot checks to see if the men they had pulled over had any outstanding warrants, there was no mechanism in place to check for immigration law violations. The terrorists were issued tickets and sent on their way, not to be heard from again until that fateful September day.

Attorney General John Ashcroft is reportedly suggesting that immigration law violations be added to the list of checks that law enforcement agencies run when they detain or arrest someone for other violations. This is not a new idea. In fact, in 1996 Congress passed legislation authorizing local law enforcement agencies to receive special training to properly identify what constitutes probable cause to suspect that someone in their custody might be violating federal immigration law.

The intent of the 1996 law was not to turn local police into immigration officers. Neither that law nor what is being discussed would change the focus of what state and local police do. However, if in the normal course of their jobs, local law enforcement found probable cause to suspect that an individual was in the country illegally, they would be empowered to detain the suspect and turn him or her over to federal authorities.

Opponents of expanding local-federal cooperation raise the specter that local police will begin harassing people based on subjective factors such as appearance. Under both the 1996 law and current proposals, local police would not question or detain anyone solely on suspicion of immigration violations. Local police would question, detain or arrest people for violations of laws they normally enforce and only then would they determine whether there is probable cause to check for immigration violations.

Cross-checking between law enforcement agencies is not only a routine procedure in most other instances, but it is also demanded. If an individual, for example, is stopped for speeding in Georgia and is wanted for armed robbery in Florida, citizens would be properly outraged if their state troopers simply released the suspect because what happened in Florida is outside their jurisdiction. No law enforcement agency has the right to deliberately turn a blind eye in these sorts of situations.

With just 2,000 federal agents to investigate immigration law violations nationwide, it is easy to understand why the estimated 9 million illegal immigrants living in the United States feel confident that they will never be caught. If this nation believes that it is important to protect our borders and be vigilant about who takes up residence here, then the odds of being detected, arrested and deported must be increased. Implementing a plan to make local law enforcement into additional eyes and ears for the federal government makes eminent sense.