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December 27, 2008

A step towards security

Deepa Chellappa, Online Editor-in-Chief
Last June, a waiter at the Red Robin restaurant in Lakeforest Mall was stabbed to death by an 18-year-old man who, six weeks earlier, had been caught by police with marijuana at an elementary school. The following August, a Silver Spring man died after allegedly being attacked with a metal bat by his roommate. In October, an elderly Bethesda woman was burned alive in her house. And just last month, a 14-year-old Blazer, Tai Lam, was shot and killed on a county bus.

These crimes may seem unconnected, but they share a commonality: illegal immigrants in Montgomery County allegedly committed all of these horrific murders. In light of the unsettling violence of the past months, Montgomery County officials are considering a stricter policy for illegal immigrants who are suspects of serious crimes. This policy, which is still in the planning process, would prevent the release of illegal immigrants in jail while they await judicial proceedings. Although county leaders have not yet defined what additional powers police or immigration officials might be given, the policy would be an appropriate and justified response to the crime in our area, but must be carefully planned to prevent the erosion of community trust in the police and the inevitable claims of racial profiling.

As the Gazette reported on Dec. 3, current county protocol requires police officers to alert federal agents when routine background checks on individuals indicate the person has an immigration warrant, but county police do not initiate their own investigations into immigration status. Federal authorities may have up to 72 hours to take custody of suspected illegal immigrants and the county may release them after that. Illegal immigrants are not prevented from being granted bond.

While the county's immigration policy has not been modified since 2003, it is time to take a definitive step toward curbing violence in our community. According to a 2008 report by the Maricopa County Attorneys Office in Phoenix, illegal immigrants accounted for 19 percent of those sentenced for felonies in the Arizona county in 2007, even though illegal immigrants only make up an estimated nine percent of the county's population. The report notes that illegal immigrants commit a higher number of certain crimes than persons who are known to be lawfully in this country, including kidnapping, forgery, human smuggling and the manufacturing, selling and transporting of drugs.

Although one cannot assume a definitive link between illegal immigration and crime, the facts are frightening. Montgomery County is widely known for its relaxed policy on illegal immigrants, and for the most part, this standing fosters diversity and community trust. But when undocumented immigrants begin to harm rather than help society, officials must take action to target perpetrators and prevent their release. Hector Hernandez, the illegal immigrant from El Salvador convicted for the murder of Tai Lam, was arrested in early October for concealing a dangerous weapon. However, he was released after a standard warrant search, which showed that he was not wanted by immigration officials at the time, according to the Washington Post. As a matter of current policy, county jail officials do not routinely go beyond a warrant check to investigate whether suspects are in the country legally. Hernandez's release marked the second time in a year that the department freed an MS-13 gang member who went on to commit another atrocious crime, when officials could have further investigated his immigration status and possibly avoided the violence altogether.

While there are some who assert that immigration law enforcement is solely a federal responsibility, the U.S. Immigrations and Customs Enforcement (ICE) cannot do the job effectively without assistance from state and local law enforcement. But the policy must be appropriately balanced to prevent racial stereotyping. In fact, in this regard, the policy shows tremendous promise because it is modeled after similar successful efforts in neighboring counties. The Gazette reported in October that Frederick County's endeavor to crack down on illegal immigrants who commit crimes has not only produced positive results - violent crimes in the county like homicides and aggravated assaults have decreased dramatically - but also shows no indication of discrimination.

"Everybody is processed the same way and everybody is treated the same way," Frederick County Sheriff Chuck Jenkins said during a briefing to Frederick County commissioners in early October. "The person has to be arrested for a jail-able offense and brought to the Frederick County Detention Center. The Frederick County Sheriff's Office does not go into the community seeking undocumented aliens."

As Jenkins noted, it is clearly imprudent to engage in a countywide hunt for illegal immigrants; instead, it is much more feasible to give police officers more authority to investigate the immigration status of a foreign-born suspect, but only when the suspect has already been arrested for a serious crime. That the county is presently able to simply let these criminals loose without federal government involvement after a vague time period of three days is dangerous and foolhardy.

As we remember the profound effect community violence has had on Blazers' lives, we must consider any policy that will help to increase our safety, as long as it does not cross the fine line into stereotyping. And by limiting police officers' powers solely to jails and only looking into the immigration status of foreign-born suspects under arrest, authorities should be able to circumvent this thorny issue. Officials will announce any changes in early January, and we should hope the plans are carried through, as they can only mean safer streets for county residents.
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Discuss this Article

  • Eli Barnett on January 1, 2009 at 9:58 PM
    This article lost most, if not all, credibility within the first paragraph or so.

    Yes, gangs are bad (foreign or not, mind you). No, illegal immigrant does not imply criminal, and to write an article suggesting such a connection is insulting.
  • . on January 2, 2009 at 11:13 AM
    while i'm not sure if i necessarily agree with the proposed policy, i think the author brings up some very valid points. read carefully, mr. barnett, and you'll see that the author is not suggesting the generalization that you mentioned (a widespread connection between crime and illegal immigration) but rather that once someone commits a dangerous, serious crime, his or her immigration status should be investigated. the county should be taking any and all actions to curb violence so long as they aren't completely ludicrous. if someone commits a dangerous crime and he turns out to be illegal after a background check, he should be deported. i mean, i didn't know that fact about hector hernandez, and it certainly made me think.

    by the way - didn't even know this article existed until i accidentally clicked on something...it is a relevant and important issue and the blair community should be able to talk about it.

    and as a blair alum, it annoys me when people undermine staffer's hard work. maybe you should try writing for the paper, eli, and we'll see how far you get.
  • Eli Barnett on January 4, 2009 at 11:29 PM
    Unfortunately, I don't really want to take journalism (which is required to write for the paper).

    There is no reason for checking immigration status of criminals other than implying that illegal immigrants are more likely to be repeat offenders, which is what you say this article is not implying. Why not make the system tougher on everyone? If this article were truly not implying that illegal immigrants commit more crimes, than it would be proposing a tightening on the policy for all criminals, not just those that are illegal.
  • . on January 5, 2009 at 5:12 PM
    from what i understand by reading this article and the recent post article the police will ask everyone arrested for violent crimes and weapons offenses about their immigration status, so the policy would be tough on everyone who commits these serious crimes. plus, i know that in prince william county after they did a policy like this overall crime decreased by about 20%.

    but i think they should ask for immigration status not just for violent crimes but as part of a regular arrest procedure...i mean regardless of what you think about the link between illegal immigrants and crime, they are illegal which means they should be referred to the federal government/deported.

    and honestly, to me, asking everyone who is arrested what their immigration status is is no different than carding everyone for alcohol purchases, and it serves basically the same purpose.
  • Eli Barnett on January 6, 2009 at 7:12 AM
    Except you're purposely singling out a minority through a system which, according to what you say and what I believe, is completely unrelated to what you are using to single them out (immigration status).

    That should not happen in any circumstance.
  • blair student on January 29, 2009 at 10:39 PM
    One thing I'd like to mention is an incident at Blair where a student brought a handgun to school. I'm quite sure you heard about the incident but here is the disturbing part, the student in question was first brought not to the police, but to the immigration officials.
  • lilkunta (View Email) on February 2, 2009 at 3:35 AM
    The 1st poster Eli is absoultey right! Deepa you're wrong for this opinion. What AZ has 2 do is much diff than what MD has 2 do bc they're RIGHT ON on the MX border.
  • lilkunta (View Email) on February 2, 2009 at 3:43 AM
    Deepa this is horrid. You're of Indo descent (Indian, Pakistan, Bangladesh, Sri Lanka, MalaysianMyanmar) right ? How would u like 2 be singled out & rounded up? This ethnic profiling NEEDS 2 STOP! All Islamic ppl in turbans, burquas, kuffiyehs, hijabs; or or who look Mesopotamian arent terrorists or jihadists. All Hispanics rnt illegal & all illegals are crime committers.
    |
    Although county leaders have not yet defined what additional powers police or immigration officials might be given, the policy would be an appropriate and justified response to the crime in our area, but must be carefully planned to prevent the erosion of community trust in the police and the inevitable claims of racial profiling.
  • lilkunta (View Email) on February 2, 2009 at 3:44 AM

    "Certain crimes" is right. What about all the rich/wealthy 'white collar crimes" commiteed by those like marth stewart, madofff. Their crimes impact ppl more in that not only do they steal 1'c current income, but future income & retirement as well!
    |
    The report notes that illegal immigrants commit a higher number of certain crimes than persons who are known to be lawfully in this country, including kidnapping, forgery, human smuggling and the manufacturing, selling and transporting of drugs.
  • racism lol on February 18, 2009 at 1:24 PM
    people decrying this as "racist" or other nonsense are missing the point.

    lilkunta, nobody is suggesting "rounding up" anyone. The proposal is that, of those who have ALREADY committed crimes, to look into their immigration status as part of the criminal justice process. No one is saying that all Muslims are terrorists, or that all hispanics are illegal immigrants and violent criminals. However, if the two happen to go hand in hand and there is already suspicion BEYOND the outward appearance, it is not a sin to delve a little deeper.

    I'm sure I'll get flamed for this, but yes, a connection does exist. Ignoring the first, and obvious fact, that by definition illegal immigrants ARE CRIMINALS, statistics do show that illegals are more likely to commit crimes, and repeatedly. If finding out someone is here illegally and deporting them prevents future crime, I'm all for it.

    What about the Martha Stewart's and Bernie Madoff's of the world? What do you propose? You haven't even made a point here, you've just made a statement. Short of actually proposing "rounding up" people here, I don't see what your point is. That it should be a crime to be wealthy? I am fully in favor of prosecuting these people to the extent of the law. But I don't understand what you mean to contribute here. They seem wholly irrelevant to this discussion. Plus, these incidents, though they may have a larger impact, are far fewer and far between than the crimes which checking immigration status of arrested criminals intends to stop.

    And to Eli, no one ethnic group is being singled out. As I read it, the proposal is to check on ALL those arrested. Yes, the majority of those found to be in violation of immigration laws will be hispanic. But guess what? The majority of PEOPLE in violation of immigration laws are hispanic. This is not racism, this is fact. Pretending otherwise is to do a disservice to law enforcement, and the safety of your fellow citizens.

    I applaud Silver Chips for having the guts to publish this, and Deepa to write it, in this politically correct to the extreme environment, where you apparently can't even suggest obvious truths without being called racist.
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