Board Downplays Immigrant Policy Changes

Revisions Prompted By Police Budget Cuts And Effort to Deflect Racial Profiling Claims

Supporters of Prince William County's illegal-immigrant policy said yesterday that changes in the measure do not weaken it but rather protect the county from allegations of racial profiling and could lead to better enforcement.

The Board of County Supervisors voted Tuesday night to direct police to question criminal suspects about their immigration status only after an arrest is made. The policy the board approved in October ordered officers to check the legal status of all suspects, no matter how minor the offense, if they suspected the person might be in the country unlawfully.

"We have not rolled back or repealed any portion of it," said board Chairman Corey A. Stewart (R-At Large). "Some people felt that this was a weakening of the policy, but it's not."

Nancy Lyall, a coordinator for Mexicans Without Borders, said the changes only complicate police enforcement without offering the county any protection from legal action.

"It seems there are a lot of loopholes in this resolution, so that the police have the ability to question people's status at will," Lyall said. "That's certainly not going to prevent racial profiling. . . . It seems it's just as ripe as it was before."

Other board members played down the action as simply refining the policy.

"This is one of these times in politics where everyone is going to declare victory or claim they lost," Supervisor Martin E. Nohe (R-Coles) said. "I don't think there is a clear winner. That's great for me; I wasn't looking to declare one.

"We reevaluate our policies all the time. That's all we did yesterday, and we came to the conclusion there was a better way to do it."

Supervisors, who unanimously approved the change, agreed that it gives the county better protection from potential racial-profiling lawsuits. The modification was recommended by County Attorney Ross G. Horton.

The shift also was necessary, in part, because the board slashed $3.1 million from its budget to install video cameras on police cars. Police Chief Charlie T. Deane had recommended the cameras to protect officers from accusations of racial profiling. Supervisors also cut $1.2 million in related police, foster care and protective services for the children of deported illegal immigrants. The reductions cut the county's illegal immigration enforcement costs from $6.9 million to $2.6 million.

"What they were looking for was a cheap way out, and that's what they found," Lyall said. "This does not alleviate any fears people have."

Supporters of the policy said that checking the legal status of crime suspects after they have been arrested but before they seek bail or bond rulings adds an additional layer of enforcement.

It also limits the likelihood of officers checking the residency status of people who have not committed a crime, they said.

The board directed Deane to come up with the appropriate policy and procedures.

What the board passed in October was "was crafted quickly, without a lot of data about what was happening on the street," Nohe said. "Now it is adapted to reality."