Chapel Hill police violate town immigration policy... Again

I just learned from the blog of Town Council Member Mark Kleinschmidt that the Chapel Hill police have detained yet another local resident on a federal immigration warrant. Isn't this exactly what the Town's policy prohibits? After the wrongful detention and eventual release of Sima Fallahi, the Police Chief assured the Council that our local officers would no longer be acting on civic immigration warrants.

There are serious issues involved with the federal commandeering of local law enforcement, not least among them is the question of whether local law enforcement officials even have the power under the law to detain someone on the basis of the existence of a civil immigration and custom enforcement warrant. [...] These issues were in the minds of Chapel Hill Councilmembers in Spring 2006 when we unanimously passed a resolution adopting a policy that we thought would prevent the issue from ever arising in Chapel Hill.
- Kleinschmidt 2005: Chapel Hill Police detain ANOTHER resident on Administrative ICE Warrant, 3/17/07

To his credit, the Chief worked to reverse the sitation immediately, but we really need more guarantees that this will not happen again. Will our incoming Chief be equally sensitive to this matter? I applaud Councilmember Kleinschmidt for blogging about this and taking a strong stand. But why doesn't the Mayor of Chapel Hill speak publicly on this critical civil liberties issue?

On March 10, a Chapel Hill police officer pulled over Nelson Herrera-Ventura after a search on his license plate pulled up a hit from U.S. Immigration and Customs Enforcement in a national criminal database.

Herrera-Ventura, 33, of Durham, was taken to the Orange County jail.

Three days later, despite a federal immigration detainer, he was released on order of Chief District Court Judge Joe Buckner and at the request of Police Chief Gregg Jarvies.

The problem, Jarvies said Friday, was that Herrera-Ventura was wanted on what's known as an administrative warrant for deportation. It stems from civil proceedings -- such as failure to appear at an immigration hearing -- and isn't considered a criminal warrant.

Jarvies said that under state law his department has the authority to take someone into custody only on a criminal matter and that Herrera-Ventura should never have been jailed. The Police Department's policy says an officer should check with the chief or the department's attorney before calling immigration officials if a warrant is for a civil offense.
- newsobserver.com | Chapel Hill jails migrant in error, 3/17/07

Issues: 

Comments

I was pretty shocked to hear this news. After all the publicity about Sima, do the police still not understand the Town's policy? Does the Council need to clarify it or what?

Looks to me that ONE patrol officer, not "the police," didn't comply with the policy and will probably receive some additional training at best and some disciplinary action at worst.

I think the Chief did exactly what a Town Council would want him to do and said Town Council probably doesn't believe that they need to over react to the failure of one officer. All governments are rife with errors of commission and omission. Leaders work toward solutions and that is what our chief seems to be about in this case.

Looks to me that ONE patrol officer, not “the police,” didn't comply with the policy and will probably receive some additional training at best and some disciplinary action at worst.

So by that logic when one team member succeeds the teams can take the credit. But when one member of the team fails its their own fault. No one elses... (sarcasm) This "one bad apple excuse" made by the likes of Bush is pretty lame. Isn't this what chain of command and leadership is all about? I think Chief of Police knows that.

With all due respect this post isn't about vilifying the CHPD, the Cheif, the Mayor, or the Town Council. Its about informing our community of the problem so they'll engage in the civic process and help bring about positive change.

IMHO - Once is a terrible accident. Twice is a serious systematic problem in need of fixing. I believe that's fix is on the way.

MEMORANDUM

TO: Roger Stancil, Town Manager

FROM: Gregg Jarvies, Chief of Police

SUBJECT: Immigration Violation

DATE: March 12, 2007

This morning, during our daily staff review of police reports from this past weekend, it was discovered that an undocumented immigrant with an outstanding order of deportation from the Immigration and Customs Enforcement (ICE) was taken into custody on Saturday following a traffic stop. No criminal charges were assessed against the individual.

Upon learning of the matter this morning we immediately contacted the Orange County jail and discovered that the individual had not yet been taken into custody by ICE officials. After confirming that the warrant from ICE was administrative in nature and that the individual did not have a criminal record, we sought to find a judge who could arrange for the individual's release from custody. Failing to find a judge who could exercise the authority to have the individual released, and after seeking the guidance of the department's Police Attorney, I contacted Orange County Sheriff Lindy Pendergrass and requested that he release the individual on my authority. Sheriff Pendergrass agreed to do so.

A member of my command staff met the individual at the jail and drove him to his home.

An initial review of the arresting officer's actions indicates that the officer took custody of the individual in direct contravention of the department's recently enacted protocol on the enforcement of civil immigration violations. The custody was overseen by a supervisor who also failed to take the appropriate action.

I do not know why the officer and supervisor failed to adhere to the department's policy. I have begun a formal internal investigation into the matter. If the protocols were knowingly violated, I will ensure that appropriate disciplinary sanctions are applied.

I have also directed the Police Attorney to once again distribute copies of the revised protocols developed after the detention of Ms. Sima Fallahi in December of 2006. Each supervisor will be directed to again review the protocols with each officer.

Brian, how many times has this happened since the policy change? What "fix" do you want that the Chief hasn't taken on his own? ust curious.

BrianR,

I think that Chief Jarvies has admitted that the adopted Chapel Hill Police Dept. protocol was not followed by his patrol officer and the supervisor in this case.

"An initial review of the arresting officer's actions indicates that the officer took custody of the individual in direct contravention of the department's recently enacted protocol on the enforcement of civil immigration violations. The custody was overseen by a supervisor who also failed to take the appropriate action."

I certainly don't think these actions are in any way analogous to the actions of the Bush administration as you've suggested:

"This “one bad apple excuse” made by the likes of Bush is pretty lame."

I think that Chief Jarvies' response ("I do not know why the officer and supervisor failed to adhere to the department's policy. I have begun a formal internal investigation into the matter. If the protocols were knowingly violated, I will ensure that appropriate disciplinary sanctions are applied.
I have also directed the Police Attorney to once again distribute copies of the revised protocols developed after the detention of Ms. Sima Fallahi in December of 2006. Each supervisor will be directed to again review the protocols with each officer.") has been both prompt and correct.

If this were to happen again I would become very concerned but I think that there has been an acknowledgment by the Chief that a mistake was made and a commitment to see that a similar mistake is not made again. There has been no attempt at a cover-up here nor has there been any attempt to deny accountability. The Chief has assumed responsibility for addressing this mistake in his department. I would like to see everyone cut him a little slack and let him deal with it as he has promised to do.

This post was not written to accuse or harass Chief Jarvis or anyone else. My personal goal is to start dialog in our community about how laws, policy, etc. can be created or improved. The tone in my writing is one of sincere outrage. Not disrespect.

(My reference to bad apples and bush was in response to Fred Black's comment "ONE patrol officer, not "the police,".)

I have learned a lot about the history of Chapel Hill Town government and immigration recently. Much of what I've learned has been here on OP or the result of posts I've written. Many thanks to those who have enlightened me.

The Orange County Bill of Rights Defense Committee submitted a petition to council on 2/26/07. I'd like to see the Mayor and council put this on their agenda for a upcoming meeting. I hope they vote to make their policy more robust.

Some creative thinking about how to prevent this situation would be nice too. I think it could start with discussion about how to welcome our new neighbors.

I guess for some, comparing one to Bush or just mentioning Bush is the ultimate "weapon" of choice. "When your only tool is a hammer, every problem looks like a nail."

Spotted this article in the N&O today -- was surprised they didn't mention Sima's case or efforts by local gov't to prevent this kind of thing from happening.

Sheriff Terry Johnson's new jail has all the amenities: electronic locks, thick steel doors and a high-tech surveillance system.

Soon, he hopes, it will be full of illegal immigrants on their way to deportation.

The Alamance County Sheriff's Department, which Johnson has run since 2002, recently became one of only a dozen local law enforcement agencies nationwide to sign up for a program that allows them to enforce federal immigration laws.

Three of the 12 are in North Carolina. Sheriff's departments in Mecklenburg, Gaston and Alamance counties are now checking the immigration status of every foreign person they arrest -- whether for running a stop sign or selling drugs -- and starting deportation of those in the United States illegally.

Most recently, he lobbied for a new $12 million, 240-bed jail -- six times as large as what he needs for local inmates -- so he could have space to become a hub for immigration detainees. He said the fees he receives will help cover the costs of running the jail, which opens this month.

 

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