HomeMy WebLinkAbout2015 11-18 Police draft immigration law enforcement policy MAPLEWOOD REVIEW2/19/2016 Police draft immigration law enforcement policy I Lillie Suburban Newspapers - LillieNews.com
Police draft immigration law
enforcement policy
Submitted by admin1 on Wed, 11/18/2015 - 12:00am
By: Erin Hinrichs
Human Rights Commission to review, community input
welcomed
For folks like 37 -year-old Daniel Deltoro, a Maplewood resident and an undocumented immigrant, a call to local police to report a
crime can feel like a bit of a gamble.
"I have called the police. But in the back of mind there's always [the question]: 'Is the cop they send to my house a person who likes
immigrants or not?"' he says.
This matters to him because he fears a prodding officer could easily figure out his status as an undocumented resident, simply by
asking to see a driver's license or some other form of identification — a situation that could make him the focus of an investigation,
rather than the victim being supported.
This grey area is something he watched his sister navigate with equal skepticism.
The two had made the dangerous journey from Mexico City to San Diego in 1995 as teenagers, along with a younger brother, to
reconnect with a relative living in California after becoming orphaned.
All three soon made their way to Minnesota because that's where his sister's husband found a job. But things took a turn for the
worse when the breadwinner turned violent.
"She endured mental, physical abuse. I was there. I experienced it too," Deltoro says.
He recalls she was afraid to call the police because she thought it might provoke her husband further, possibly jeopardizing the
safety of her daughter as well. And living as an undocumented immigrant, she questioned how much support she'd actually get
from police.
"She was afraid of the husband. She was afraid of the police too [because] she didn't have documents," Deltoro explains. "She
didn't know what to do."
After landing in the hospital, severely depressed, she filed a police report and finalized her divorce, Deltoro says.
Maplewood Police Chief Paul Schnell, however, doesn't want victims like Deltoro and his sister to wait so long before reaching out
to the police department in times of need.
In an effort to reassure all Maplewood residents — undocumented immigrants included — that it's not the police department's
prerogative to pro -actively enforce immigration laws set by the U.S. Department of Homeland Security, he's drafted a policy stating
such. The city's Human Right Commission will review the proposed policy at its Dec. 4 meeting, where the public will be invited to
weigh in.
"We know there are people who feel very strongly about this issue on both sides of it," Schnell says. "We welcome and encourage
people to either attend or call if they have an opinion with regard to this."
Clarity is key
Schnell says the need for a departmental policy clarifying the communication and enforcement relationship between Maplewood
police officers and federal agencies came to his attention when someone filed a complaint, stating they were surprised they had
been asked about their immigration status.
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2/19/2016 Police draft immigration law enforcement policy I Lillie Suburban Newspapers - LillieNews.com
"It prompted me to look at our current policy, and our current policy is silent on the issue," Schnell says. We had to ask
ourselves the core question —'What is the role of municipal level police officers?
Having previously worked for the St. Paul Police Department, he recalled the St. Paul City Council passing a similar policy as
a city ordinance. Statewide, however, it's not yet become common practice.
As stated in the draft version of Maplewood's policy, currently under review, "police officers many not undertake any law
enforcement action for the sole purpose of detecting the presence of undocumented persons, or to verify immigration status."
When immigration status is an element of the crime, however, police reserve the authority to investigate fully. Likewise, when
asked to cooperate with an investigation led by the Department of Homeland Security, local police will comply.
'It's about safety'
The division of responsibility, when it comes to the enforcement of immigration laws, can be a bit murky. But Schnell and
those serving on the Human Right Commission hope the new policy will clarify any confusion moving forward.
"From my perspective, especially when it comes to the enforcement of immigration laws, [this policy] provides a mechanism
for us to assist, but recognizes that it's the DHS's primary area of authority," Schnell says.
"The rationale for us becomes grounded in, from a community safety standpoint, that people feel as though they can report
stuff without their own victimization and also that they could serve as a witness and not have a fear that ultimately we would
turn the focus on them."
Commission member Marie Garza says she's always struggled with the fact that undocumented immigrants in the community
who have been robbed, or find themselves in a domestic violence situation often question the support they'll receive by
calling local police.
"I wouldn't want anyone in that position," she says. "It's about safety. It's about opening the lines of communication for people
who live in fear. I would want someone to come seek law enforcement services if they need help."
Garza encourages undocumented immigrants to attend the Dec. 4 meeting, to learn more about their right to utilize local
police services. That being said, she and Deltoro both acknowledge the fact that this segment of the Maplewood community
still largely feels uncomfortable stepping into the civic participation spotlight.
We are scared," Deltoro says. "But itwill definitely be a good place to start. I'm sure people will eventually getthe idea that
now Maplewood police are cooperating with our immigrant community."
Erin Hinrichs can be reached at 651-748-7814 and ehinrichsp_lillienews.com. Follow her at twitter.com/EHinrichsNews.
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