The new policy will apply to suspects whether they commit a felony or misdemeanor.
The change comes after two months of deliberations by an advisory panel appointed by Phoenix Mayor Phil Gordon, who faces strong political pressure to take a harder stance against illegal immigration. His December announcement that he no longer supported the existing policy drew national attention.
Officials said the changes, which represent a significant departure from the existing policy, will improve public safety while protecting the constitutional rights of people who are detained.
"We see this as a measured step," said Paul Charlton, a former U.S. attorney and member of the four-person panel who developed the recommendations. "There will be some who say it's a step too far. There will be some who say it's a step that doesn't go far enough. But for us, it's the right first step."
Reaction to the proposed changes were mixed. Some called the proposal fair and said it will help develop trust between police and Hispanic residents. Others worried that officers will abuse their new discretion, leading to racial-profiling. Officials said officers' notifying immigration authorities will be closely monitored.
The suggested revisions to the policy, known as Operations Order 1.4, which Police Chief Jack Harris endorsed, are expected to take effect in two to three months. The delay in implementation is necessary so that officers and their supervisors can be trained in the new policy, Harris said.
Panel members said that, in meeting with community members over the past two months, they found a great deal of confusion about when police will ask about a person's citizenship and when they won't.
Now, they say, the rule is simple: Commit a crime and you'll be asked. Don't commit a crime and you won't.
Moreover, victims of crimes, witnesses to crimes and anyone reporting a domestic-violence incident will not be asked about their status.
Neither will anyone stopped for a civil traffic violation, such as a speeding ticket.
The policy also dictates that any time officers apprehend someone they believe to be in the country illegally, they will notify Immigration and Customs Enforcement with a one-page form. They will leave it to ICE whether to arrest and deport that person.
Partnering with ICE
The department will also track the number of notifications sent to ICE to determine whether officers are ove-rusing or under-using the forms, officials said.It's unclear how quickly ICE will react when sent a status form. ICE spokesman Vincent Picard said the agency has "excellent response rates for the whole Valley" when law enforcement requests assistance by phone.
No Valley police agencies currently submit paper referrals, although officers in Tucson alert the Border Patrol electronically when they make contact with an illegal immigrant during field interviews.
The Phoenix Law Enforcement Association, which represents Phoenix police officers, said union officials were caught off-guard by the announcement and were not prepared to respond Friday.
Union President Mark Spencer was among those who decried the current policy last year after the shooting death of a Phoenix police officer in which an illegal immigrant was charged.
Phoenix plans to notify the public of the changes through a media campaign now under development.
Harris said he supports the panel's recommendations, which largely mirrored the suggestions of a 23-member internal police panel he convened last year.
"By all accounts, these appear to be in line with the recommendations identified by my department's internal recommendations," Harris said.
Harris' panel, which formed in October, halted its work after Gordon convened his own group.
A report the police panel gave to Gordon's group primarily contained recommendations about training officers in immigration law and did not recommend the bright line distinction that Gordon's panel does.
The new policy will replace the existing operations order, which prevents police in most cases from asking about a person's immigration status.
"It's just the right thing to do," Harris said of the changes. "We're here to provide safety to all of the community, regardless of where you happen to have been born at."
More to be deported?
The new policy could
result in more immigrants being
deported, an outcome that some
panelists said they support.
"People who are drunk drivers,
people who are shoplifting, people
who are thieves
— they should be deported if
they're here illegally," said Grant
Woods, a former Arizona attorney
general.
Gordon appointed his panel in
December after mounting pressure to
take stronger action to fight crimes
committed by illegal immigrants. On
Friday, he reiterated his call for
Congress to develop a comprehensive
immigration-reform package in the
near future.
Gordon's panel included two former
U.S. attorneys, Charlton and Jose
Rivera, as well as Woods and former
Maricopa County Attorney Rick Romley.
Maricopa County Sheriff Joe Arpaio
was among those who said the changes
do not go far enough.
"I wish that the Phoenix police
would arrest everybody, even if
they're not sure (of that person's
status)," Arpaio said. .
Councilman Michael Nowakowski said
the differing policies of Phoenix
and the Sheriff's Office will
contribute to confusion and fear in
the city's Hispanic community.
"Until all law enforcement comes
together with one standard, people
are going to be confused,"
Nowakowski said. "How do you tell
the difference between the sheriff
and a city police officer? You
can't. When you see the red lights
behind you pulling you over, you
don't know.
"We're still going to have innocent
people being scared for their lives
- and doing scary things."
