Gascón, Smith clarify Mesa police migrant policy

Channeling resources to best fight crime, clarifying procedures for police officers and upholding people's constitutional rights were the underlying reasons behind the Mesa Police Department's revised policy for dealing with illegal immigration, Chief George Gascón told the City Council Thursday morning.

Mesa revises immigration-status policy

Mesa clarifies immigration policy during arrests

Taking a bite out of immigration policy

Mesa formalizing policy on illegal immigration

The meeting followed Wednesday's announcement of the new rules, under which all adults arrested will be asked their immigration status and federal authorities will be contacted if there's a strong reason to suspect someone of being in the country illegally.

Outlining the "clearer" directions the officers on the streets will now have while handling routine stops, Gascón and Mayor Scott Smith repeatedly said the policy, while not perfect, will help police deal with crime in Mesa while fulfilling their role of cooperating with federal authorities to tackle illegal immigration.

Smith prodded Gascón to clarify something he said is on the minds of many citizens: Why not just arrest everybody suspected of being in the country illegally and then sort out their status?

Gascón said the department has to look at the issue through the constitutional framework, which is built to protect everyone's rights at some level, regardless of their legal status. It's not pragmatic to arrest anyone who might look illegal, he said.

"I know that it may appear to a lay person when you see a bunch of brown people standing on a corner that they all must be here illegally; well the reality is that may or may not be the case," Gascón said.

Regarding a question about how the police decide whether to take action on "load vehicles" used to transport a group of illegal immigrants, Gascón said the old phrase of "I know it when I see it" doesn't apply anymore.

"We live in a different world than that world that others would like to believe that we can," Gascón said. "There are constitutional requirements that we have to follow. And contrary to what many believe, people that are in this country, even those that are here illegally, still have certain constitutional protections and those are the rules that we have to play by."

Police who violate a person's constitutional rights are subject to criminal and civil liability, Gascón added.

Smith has maintained that the policy revision has nothing to do with the recent sweep in Mesa by the Maricopa County Sheriff's Office.

Gascón said there have been recent instances in which U.S. citizens or legal residents have been caught up in immigration sweeps.

"We have seen it over and over again, I think, without getting into a particular agency's names," Gascón said. "We have seen cases very recently for U.S. citizens (who) have been detained and processed and then the facts have surfaced that that individual was not here illegally, or that they have the right to be here."

Gascón also said that the police have limited personnel and facilities, "so even if we could legally arrest everyone here illegally, we don't have enough resources."

The council agreed to tweak some parts of the policy, including clarification that juveniles would not be questioned except in certain circumstances, such as those involved in gang activity.

Ultimately, the council agreed to let Mesa police train about 850 officers over the next 120 days on the revised policy. The department will present an update to city leaders following that training period.