Police officials in Arizona’s largest city have quietly implemented a
new policy banning officers from contacting the feds after arresting an
illegal alien and forbidding them from asking about immigration status,
in violation of key provisions of a state law 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.” It appears to be part of a broader scheme to dodge federal
immigration laws in Arizona’s most populous county.
The Phoenix Police Department has about 3,000 officers that were
permitted to use “sound judgement” at any time under the agency’s former
immigration enforcement policy. That allowed front-line officers to
directly contact federal immigration officials involving criminal
illegal immigrants. 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. “This will
bottle-neck the process,” according to a veteran Phoenix law enforcement
official who added that the new policy was generated without any input
from rank-and-file. Arizona law enforcement sources also told Judicial
Watch that no other restrictions of this kind and magnitude regarding a
federal crime are found in Phoenix Police Department policy. Officers
continue to have the discretion to contact the Federal Bureau of
Investigation (FBI), Secret Service, Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF), Postal Inspectors, U.S. Marshalls and Drug
Enforcement Agency (DEA) without fear of violating department policy.
If an illegal alien is arrested for a state crime, officers in
Phoenix are no longer allowed to take them directly to ICE for
deportation and document the crime in a report. Taxpayers must fund a
mandated booking into county jail under the new rules, which state; “if
there is a federal criminal charge and the person is under arrest for a
state and/or local charge/s…the person will be booked into the Maricopa
County Sheriff’s Office…” Keep in mind that Maricopa Sheriff Penzone
doesn’t like honoring ICE holds on jailed aliens and considers illegal
immigrants “guests.” The new Phoenix Police Department rules also
eliminate a table showing state immigration enforcement laws as well as
documentation of police contacts with verified and/or suspected illegal
aliens, a troublesome change that omits valuable city crime statistics.
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.” Both restrictions violate key
provisions of a 2010 Arizona law known as Support Our Law Enforcement
and Safe Neighborhoods Act (SB1070). Open borders and civil rights
groups fought the law in federal court and succeeded in getting rid of
many of its mandates but the U.S. Supreme Court upheld two key clauses
in Section 2 of the measure. 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.
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