The American Civil Liberties Union wants us to believe that it is entirely inappropriate and irresponsible for sheriff’s deputies in Doña Ana and Otero counties to assist the federal government in policing immigrant neighborhoods. And the Otero County sheriff wants us to believe his office is being unfairly criticized and there’s nothing wrong with state deputies detaining violators of federal immigration law when they come across them.
Both oversimplify a complicated problem created by a Congress that is in dereliction of its duty by failing to invest the time and effort necessary to reach a compromise and approve comprehensive immigration reform.
What has happened is this: A federal grant is being provided to some local law enforcement agencies along the border to help them deal with the increase in crime that comes from having high numbers of undocumented immigrants living in hiding. It’s true that such immigrants are often victims of robbery, false imprisonment, domestic violence and, in some cases, even more serious crimes such as rape.
They’re more at risk because they’re less likely to report crime.
So the two sheriff’s departments use the funds to patrol neighborhoods identified as potential human and drug trafficking areas. They technically can’t enforce federal immigration law, so they look for meth labs, pull over traffic violators, etc.
In practicality, they are, of course, aiding the federal government in enforcing immigration law. That’s why they get federal money. In the process of investigating potential violations of state laws, they’re bound to come across people who are in the
What then? Do they let them go? Should a deputy not call the Secret Service when he comes across counterfeit money because it’s not his job to enforce federal law?
Does he call the Border Patrol when he comes across an illegal immigrant? Does he risk letting an entire group of people know they can’t report a rape or robbery because they might be deported for doing it?
No good local solution
In
Neither is a good solution. One encourages further violations of a federal law that exists for a good reason, and the other discourages victims from reporting violations of equally important state laws.
There is no good solution, on a local level, to this problem. That’s because it’s a problem that has been entirely created by the federal government. Local governments along the border must attempt to address the issues, because they have to deal with the day-to-day effects of Congress’ inaction.
But the only solution will be action by Congress and the president, comprehensive immigration reform that eases the process of legal immigration, better secures the border, resolves the status of the millions living illegally in this country and addresses the poverty in
Not only does Congress’ failure to act allow more people to die in the desert along the U.S./Mexico border each week, but it also creates communities on this side of the border, like Chaparral, where local law enforcement officers can’t adequately do their jobs.
If they report immigration violations, they almost ensure they will never learn about other crimes being committed. But they’ve also taken an oath to fight crime, an oath they have to reject in order to ignore immigration violations.
Congress must act.