Pr. William Broadens Citizenship Checks

Everyone arrested in Prince William County will have his or her name run through a federal database to determine citizenship status, even if the person is not suspected of being in the country illegally, according to a draft of the county's revised illegal-immigration policy.

Police Chief Charlie T. Deane briefed the Board of County Supervisors yesterday on the changes, which the board approved in April after concerns were raised that its policy had left the police department open to charges of racial profiling.

Chairman Corey A. Stewart (R-At Large), who worked with the police department and county attorney to develop the wording in the general order, said he is happy with the changes.

"It still has the strength of the old policy and is more legally defensible," he said, adding that officers can still make immigration checks if they have questions about someone's identity.

"The revision also helps to defend us against unwarranted charges of racial profiling," Stewart said. "Every time someone is arrested, no matter who they are, they will be checked."

In April, supervisors directed police to question crime suspects about their immigration or citizenship status after an arrest was made. The policy the board approved in October had ordered officers to check the legal status of all suspects, no matter how minor the offense, if there was probable cause to think the person was in the country unlawfully.

"The county's overall policy is one of the most stringent in the country," Deane told the board. "Police officers retain discretion to make inquiries prior to arrest, consistent with the law and sound policing practices."

He later said, "I don't anticipate more inquiries than we [had] in the past" about the citizenship status of suspects.

According to the draft of the policy, everyone arrested for violating a state law or county ordinance would have his or her name run through the National Crime Information Center, which checks to see if a suspect is a previously deported felon or has an outstanding warrant for removal.

The policy would allow officers to question a suspect before an arrest if they have "reasonable articulable suspicion" that the person has provided a fake ID or lacks proper identification.

The draft also says that no one would be arrested solely to determine citizenship or immigration status.

Normally, general orders do not return to the board for approval or discussion. But County Executive Craig S. Gerhart made an exception to ensure that officers and supervisors are on the same page. The board does not need to vote to implement the policy.

Deane suspended the probable cause standard the day after the board's vote in April. The 500-member police force, however, must receive training on the revised policy before it can take effect this month.

"Officers will see this is a bright line; it's a real simple rule," Deane said of the post-arrest checks. "Until we [get] this policy out and clearly instruct officers, there is some confusion in officers' minds about what they are supposed to do."

Deane also released statistics on the number of people who have been questioned since the initial policy went into effect March 3. During the first three months, 265 people were questioned about their citizenship status, and 138 of them were arrested. Sixty-six were released without charges, and 59 were cited for minor offenses. Two were found to be in the country legally.

The number of people questioned dropped dramatically -- from 125 in March to 32 in May -- when Deane suspended the probable cause standard.

"I don't see the changes as a big deal one way or the another," Supervisor W.S. Covington III (R-Brentsville) said. "The effect will be minimal." Covington, who supports the crackdown, said he thinks the policy is still effective.

"Everyone will have a perception and spin, but the numbers will start to tell a story," he said, referring to data on school enrollment and juvenile detentions that will be available in the fall. "Let's see what the facts say. Then we can draw conclusions on whether to stick to the same course. I encourage patience to see what the ultimate effect is."