Police Have Plan For Scrutinizing More Immigrants

Minor Crimes to Trigger Status Checks

Illegal immigrants stopped in Prince William County for traffic violations, shoplifting or other misdemeanors would have their immigration status checked and could face arrest, according to a proposed police department policy that will be presented to county officials next week.

The police department previously checked only suspects of gang violence or other serious crimes. The proposed policy is broader, expanding such checks if two requirements are met: There is probable cause to believe a person is in the country illegally, and a check of immigration status does not increase the time a person is detained.

The immigration status of victims and witnesses of crimes would not be checked.

The policy, projected to cost about $14.2 million over the next five years, comes in response to the Board of County Supervisors' July 10 anti-illegal immigration resolution. The resolution calls for public services to be denied illegal immigrants and directs police to check immigration status.

Police Chief Charlie T. Deane was given 60 days to draft a proposal for meeting the supervisors' mandate. The board will hear the proposal Tuesday and will accept public comment before voting on it Oct. 2, board Chairman Corey A. Stewart (R-At Large) said yesterday.

"We are definitely breaking new territory here," Stewart said. "This is the most aggressive crackdown on illegal immigration by any locality in the United States. . . . What we're doing here, it's aggressive because we are initiating deportation of people for felonies as well as misdemeanors."

Deane said the past two months were spent talking to law enforcement officials across the nation, meeting with lawyers and drafting the policy.

"It's been an intense effort by our staff," Deane said. "This is a unique policy that is going as far as anybody in local law enforcement has gone in this area."

Officials said the county initiated the deportation process against 52 people in July, and the least serious offense was driving under the influence.

Under the new policy, an illegal immigrant stopped for stealing a $10 steak or for breaking the speed limit would be subject to an immigration status check and could be arrested depending on what that check reveals, Deane said. Encounters between police and the public that once took 15 minutes could now take hours.

The $14.2 million would go toward additional police staffing, training, public education, the "farming out" of inmates to relieve jail overcrowding and an evaluation of the program.

Stewart said the board is prepared to pay $1.4 million this year.

"I think it's worth it," Stewart said. "I think cracking down on illegal immigration and removing illegal immigrants is going to save us money and resources over the long term. The reality is they are crowding our jails, they are crowding our hospitals and they are crowding our schools."

Because immigration is a federal matter, officials said, county police have limited enforcement powers. Officers cannot make arrests based solely on immigration status, and they must be investigating a separate violation before they can check a person's status.

Federal staffing and availability of jail space also affects the number of illegal immigrants who can be taken into custody.

"If someone walked up to an officer and said, 'I paid someone to smuggle me across the border,' the local officer doesn't have the authority to arrest," Deane said. "Some people might find that surprising."

If approved, the policy is expected to go into effect after officers have been trained to enforce it, no later than January.