Police Enforcement of Immigration Laws Raises Worry

Police Chief Toussaint E. Summers Jr. has objected to the federal immigration enforcement program. (By Jahi Chikwendiu -- The Washington Post)

But the message was clear: The new council wanted a tougher stance on crime in general and crime committed by illegal immigrants in particular.

Bestway customer Marvin Alexander, 30, a Salvadoran in the country illegally, said he is concerned about the changes the new council will bring. He said Herndon police recently stopped an acquaintance of his, also an illegal immigrant, who did not have a license. Officers did not cite her.

"Imagine if that happened now," Alexander said.

Until the town works out an agreement with Immigration and Customs Enforcement on the scope of the training and authority that officers who complete the course will have, it is difficult to predict whether 287(g) will actually help Herndon remove criminal illegal immigrants from its streets.

A number of factors could seriously limit the program's effectiveness, such as a lack of jail space and manpower.

Most other law enforcement agencies participating in the program are sheriff's departments that operate large jails. Herndon relies on Fairfax County's Adult Detention Center to house most of its prisoners. But Fairfax Sheriff Stan G. Barry (D) said last week that he didn't foresee his department entering 287(g). It means that Herndon probably would have to transport undocumented suspects elsewhere, possibly more than an hour away to Rappahannock County, tying up officers' time.

There is also the question of just how much of a threat illegal immigrants pose to public safety in Herndon.

Town officials say they want to use 287(g) to target the "worst of the worst" criminal illegal immigrants. But police say serious "Class A" crime -- murder, rape, robbery -- was down 26 percent in Herndon from 2002 to 2005.

"Herndon is not a crime-ridden community," said council member J. Harlon Reece, who is uncertain whether he will vote to approve a final agreement with Immigration and Customs Enforcement.

Critics of DeBenedittis and the council say they are misleading voters into believing that the town can roll back illegal immigration. On Tuesday, the council will take up two other proposals targeting undocumented residents. One would require the town manager to ensure that anyone granted a business license has legal immigration status. The other would require the town manager to ensure that companies contracting with the town government provide evidence that all their employees are in the country legally.

"This is a concerted effort to dupe the citizens into thinking that they are actually going to solve the immigration problems in this town," said former council member Carol A. Bruce, a supporter of the day-labor center who was defeated for reelection in May.

"This isn't about immigrants," DeBenedittis said. "It's about crime and criminal behavior. It's about reducing crime and making all of us safe."

Other supporters of 287(g) say the message is as important -- perhaps more important -- as the substance.

"The perception here is that we're in favor of illegal immigration," said Vice Mayor Dennis D. Husch. "We're trying to change that perception, and this council has the gumption to do that."

The view at Bestway suggests that this is already happening. Flores said the thought of leaving town is distressing. He is close to his Herndon neighbors, many of whom are U.S. citizens.

But if Herndon police begin working to deport people, he said, he may have no choice.

"If they sign something, if they make it law, I go," he said. "I do not want to be the first person, you understand?"

Staff writer Tom Jackman contributed to this report.