Authorities consider how to enforce state immigration law

October 14, 2007 10:57 pm

— The Associated Press
OKLAHOMA CITY — Local police and district attorneys say authorities do not have sufficient training, money or manpower to effectively enforce one of the nation’s toughest immigration bills.
House Bill 1804 will go into effect on Nov. 1. It creates barriers for undocumented immigrants to receive public benefits and jobs. It also makes it illegal to transport or harbor illegal immigrants, making violations a felony punishable by a minimum of one year in prison or a $1,000 fine.
“It’s all fine and good for the Legislature to say, ’We should kick them all out, or we should put up fences everywhere,’ but it creates serious problems for us, the people who are responsible for enforcing it,” said Oklahoma County Assistant District Attorney Scott Rowland.
Jim Cox, the executive director of the Oklahoma Association of Police Chiefs, said at a recent meeting of about 30 police chiefs, similar concerns were expressed. Since the bill’s passage, five legislators who voted for it have openly wondered if it can be enforced.
State Rep. Randy Terrill, R-Moore, who co-authored the bill, said other law enforcement agencies should look to the Tulsa County Sheriff’s Office as an example. That agency has had about 30 deputies undergo a five-week training course taught by the federal Department of Homeland Security’s immigration enforcement division.
“It’s the job of the Legislature to make the law, and it’s the job of the police to enforce the law,” Terrill said.
“Frankly, I find it troubling that law enforcement would be complaining about doing their job.”
Oklahoma City Police Chief Bill Citty said that his department is “not going to enforce immigration laws,” saying it is the department’s opinion that “it’s a federal issue.”
Citty said if a person is stopped on a felony or DUI complaint, “we will check their status. We will notify (federal officials) if something needs to be investigated. But I don’t have the manpower for this.”
Citty said that trying to enforce the new law will open up the police department to allegations of racial profiling.
“We want people to report crimes,” he said. “Right now, you have people in the Hispanic community so afraid of the police — maybe because they have family members who are illegal — they do not report crimes. We still have a job to do; we don’t want the Hispanic community afraid of us.”
Terrill said authorities should focus their efforts on finding ways to effective enforce the law instead of complaining about having to do so.
“My news flash for the police chief is that unlawful presence in this country is a crime,” Terrill said. “I would expect him to enforce all laws equally. Effectively what he is doing is creating a refuge policy, encouraging more to come here.”
A lawsuit is pending, questioning the validity of the law, whether it conflicts with federal law and whether the state has the authority to enact such a law.