Mesa revises immigration-status policy

Anyone arrested by Mesa police will be asked their immigration status and federal authorities will be contacted if there's reason to believe the person is in the country illegally, police Chief George Gascón announced Wednesday.

Mesa clarifies immigration policy during arrests

The message came as part of the unveiling of Mesa's revision of a policy, last updated in 2004, for officers on how to deal with illegal immigration issues as part of their daily routine.

Mayor Scott Smith noted Wednesday that the policy clarifies what officers can and cannot do with regards to checking immigration status when, for instance, they stop a person for a traffic violation.

Both leaders maintained that the policy is not perfect and will evolve over time, based on feedback from the officers and the community. "We have no illusions that the policy ... represents the final answer," Smith said.

Community leaders involved in the policy-revision process said Gascón's approach helps clear up things for the community.

Magdalena Schwartz, director of the Mesa-based Latino Community Services, which helps people attain residency, described the policy as "not too bad."

"The Latino community needs to know the laws to be able to follow the laws as well as know their rights, so by clarifying all this, it will help the people make the right choices," Schwartz said.

She added that her message to the community, legal or illegal, would be, if you don't have an ID, "don't drive, take the bus."

Phil Austin, a member of the police department's community committee, said it's good for Mesa to have a clear-cut policy, instead of being subject to criticism.

"Previously it was unclear to people whether if cited, there would be a report going to the feds," said Austin, former president of the Mesa Association of Hispanic Citizens. "Now it makes it clear there will be a report, so if people understand the process, they have the power of knowledge."

Anti-illegal immigration critics have consistently labeled Mesa a sanctuary city, for being too lax on illegal immigrants.

Mesa's police union leaders say the policy may add to the workload, but it is for a good cause.

Mesa Police Association president Fabian Cota said the policy will add to the time officers spend on checks, "but if you do it correctly, and get a criminal out of the community, that's a good thing."

Mesa police did not release information on how many times Mesa contacts the federal Immigration and Customs Enforcement agency to run an immigration check.

Bryan Soller, president of the Fraternal Order of Police, the other police union, said the revised policy is not a radical change but will have some impact on the amount of time it takes an officer on the street to run a status check.

"But we don't see this as a huge amount of loss of time," Soller said. "We'll still make stops only for legal reasons and if we come across someone who may be illegal during that process, we'll do a more in-depth interview."

Soller said Mesa jails would not be able to handle the sheer numbers if they started booking everybody they suspect of being an illegal immigrant.

Gascón said Mesa has looked "closely" at a similar policy that Phoenix recently adopted.

All of Mesa's nearly 850 sworn officers will get training in the new policy over the next four months.

The policy makes it clear that if the person is a crime victim, a witness, a juvenile or is stopped or cited for a civil traffic violation with a valid driver's license or is able to present identification, among others, Mesa police will not check that person's immigration status.

But if someone is arrested, and there's sufficient reason to believe that the person is in the country illegally, then Mesa police will contact ICE.

According to the current policy, Mesa police do not arrest or detain anyone "when the only violation is an infraction of a federal immigration law." Officers are directed not to notify ICE if the person is cited and then released.

Now, if there's reason to believe a person is in the country illegally, the officer will report that to ICE.

Mesa will continue its practice of encouraging crime victims or suspects, regardless of their immigration status, to contact them. The new policy goes one step further in formally prohibiting officers from checking such a person's immigration status.

Gascón noted that if ICE finds that the person is illegal, it will be up to Mesa to decide whether to handle the criminal charges first before letting ICE take over the deportation process.

"It's important to recognize that sometimes the most expeditious way of handling things is not necessarily the best thing," Gascón said. "We don't want to deport someone without prosecuting someone here for local crimes if that doesn't make sense at the time."

Smith pointed out that Mesa is not in the business of making up an immigration policy.

"We will follow the laws of the land as we enforce the laws of the land," Smith said.

He has maintained that the policy has nothing to do with the recent immigration sweeps by the Maricopa County Sheriff's Office and that the policy is more to help Mesa officers than anything else.

During his campaign, Smith had told the Tribune that Mesa is not a sanctuary city by design, but that police feel caught, "like there's a lack of resources and clear direction" on how they are supposed to enforce the law.

Smith recently got assurance from ICE that it would be more proactive in running regular checks on suspected illegal immigrants in Mesa's custody.

Gascón will present the policy details to the City Council this morning.