States Enforcing Federal Law?
Before getting to today’s Homeland vignette clip, there are two brief, but relevant, stories to share.
The first comes from 2001, when an undocumented immigrant, Danny Sigui, witnessed a fatal stabbing in Central Falls, Rhode Island. Sigui said he would want witnesses to come forward if a crime was committed against a member of his family, so he dialed 911 and eventually provided testimony that led to a conviction. During this process, however, the Rhode Island attorney general contacted the Department of Homeland Security and two days after the trial was over, Sigui was arrested and subsequently deported. When asked later, Sigui says he’s not sure whether he would testify if he could go back and do it again, and many members of the community felt that trust with law enforcement was diminished.
The other story is about the tragic death of Jamiel Shaw Jr., a high school student who was shot and killed by Pedro Espinoza in 2008. Police say Espinoza mistakenly believed Shaw Jr. was a member of a rival gang. Investigation into the incident revealed that Espinoza was an undocumented immigrant and had been arrested shortly before the fatal shooting. Espinoza’s lack of legal status was not discovered and he was released from jail the day before he shot Shaw Jr.
These two tragic stories have been used separately to illustrate either the problems or the benefits of having local police cooperate in enforcing immigration law. Supporters of local policies that prohibit officers from inquiring about immigration status, sometimes referred to as “sanctuary” policies, point to the story of Sigui and the chilling effect that strictly enforcing immigration law can have on other policing efforts. While Sigui was in violation of immigration law, his testimony did help solve a crime. If undocumented immigrants or their family members suspect police will question their legal status, even when they are cooperative with investigations, they will stop coming forward and more crimes will go unreported or unsolved, according to supporters of these so-called sanctuary policies.
On the other hand, opponents of these policies will point to the story of Jamiel Shaw Jr., among others, and argue that if local authorities were empowered to help enforce immigration law, tragedy could have been avoided. If criminals have their status checked and are found to be in the country illegally, they could be deported before future crimes are committed. Opponents of sanctuary policies also argue that looking the other way when it comes to immigration law will only encourage more people to enter the country illegally.
Two previous Homeland Vignettes put the spotlight on a couple Kansas City Police Department officers, Matt Tomasic and Octavio “Chato” Villalobos, who had to make the difficult decision between a focus on community policing and involving U.S. Immigration and Customs Enforcement (ICE) agents.
Kris Kobach, the Kansas Secretary of State, is an outspoken critic of sanctuary policies. In today’s Homeland Vignette clip, you’ll get to hear a segment on Kobach’s radio show from last year when he talked to a listener about this topic:
The federal code Kobach mentioned in the clip outlines the laws dealing with nationality. Under Section 287(g) of the Immigration and Nationality Act, the federal government may enter into agreements with local authorities to assist in the enforcement of immigration law. All officers involved in these 287(g) partnerships receive additional training from ICE.
According to ICE, 69 law enforcement agencies in 24 states have made 287(g) agreements, including the Missouri State Highway Patrol (MSHP). You can read the full text of the agreement with MSHP here.
Do you think local law enforcement should be involved in immigration law?
Video edited by Dustin Karrer. Footage shot for the Homeland documentary series.
Category: Enforcement
