Frank Borelli
Editor-in-Chief
Officer.com
As I sat down to start typing this my first thought was,
No matter what I say about this someone is going to accuse me of being racist. Was I being cynical? or realistic? A bit of both I think. Certainly, after over two decades in police work I've got a level of cynicism that is probably "above the norm". However, if you take an objective look at reactions to immigration enforcement nationwide I think you have to honestly admit that some of the reactions are "knee jerk" and accusations of racism are made before any logical thought process can occur. With that in mind I tried, as objectively as possible, to examine my own outlooks and beliefs and temper my writing accordingly.
Am I racist? I don't like to think so but have to admit that I probably harbor prejudices. I know for sure and certain that I am prejudiced against certain things:
- I am prejudiced against people who are ignorant and work to stay that way
- I am prejudiced against people who are unemployed and make no effort to change that
- I am prejudiced against people who make no effort at self-improvement
- I am prejudiced against people who complain about how they are treated by everyone but who treat everyone without respect or courtesy
Keeping those prejudices in mind I wanted to take a look at the debate that currently exists about the enforcement of immigration laws and whether or not racial profiling is an attached inevitability.
The State of Arizona has been in the news a lot lately because they have enacted a law that empowers state, county and local law enforcement officers to enforce immigration laws. Much is being made of this for many reasons. Many feel that the law will increase
racial profiling. I had to wonder why that was? Well, let's think about it...
If I hold prejudices or if I know how I would approach a problem, then it's likely that I will assume the same outlook or approach on the part of others. If I feel I've been treated inappropriately in the past, or if I have family or friends who claim to have been treated inappropriately in the past then I am likely to expect such inappropriate treatment in the future. Such is only human nature.
Speaking of human nature, we have to recognize that virtually every person in the law enforcement profession is
human. There are no other-world-life-forms working in our law enforcement agencies (as far as I know). We humans tend to be imperfect; fallible; we make mistakes. Unfortunately, when we make mistakes the consequences can be greater than when others make mistakes. The same can be said of everyone who works in public safety, but the media spotlight casts a greater focus on our mistakes in law enforcement. It is especially bright when we make mistakes that cost a life or that impact a person's civil freedoms. If a fireman makes a mistake that costs a human life it is usually an act of ommission. In other words, the fireman failed to do something to save that life. In law enforcement it tends to be the other way: we actively do something that causes a loss of life. Realizing that we can understand why people are more forgiving of firefighters than cops.
Keeping all of that tucked away let's think about immigration enforcement. The law as it has existed at the federal level and is now being mirrored in Arizona (yes, that's right. This isn't a new law, it simply empowers the state, county and local law enforcement to enforce existing laws) simply allows law enforcement officials who have reason to come into contact with people during the course of their official duties to confirm immigration status where it may be suspect. Let me use an experience from my past as an example.
I was working traffic enforcement late one night (actually early one morning since it was about 2 a.m. on a Sunday morning) when I pulled over a car for speeding. The driver identified himself as a Nigerian national without a driver's license in any state. He claimed that the car belonged to his brother. The man provided me his name and date of birth which I used to check for a license (many people lied about not having a license if the license was in fact suspended or revoked) and to see if he had any open warrants. This was in the days before ICE (it was INS back then) and I received a return from the dispatcher that the man was wanted by INS for deportation. Further I was advised that the dispatcher had submitted a request for an INS agent to come and get the man. I was waiting for about a half hour before I was advised that INS had no one immediately available and could I hold the man?
For how long? was my question. The INS response?
THREE WEEKS Um, no. I couldn't. The car was impounded. He was written a couple citations that he'd likely never pay and sent on his way on foot. I had all of his address information (if he told the truth) to provide to INS to help them find him later. What struck me as odd was that I was told I was not authorized to arrest this man because I wasn't a federal agent and, further, the county jail system would not in-process him simply for being an illegal immigrant.
Considering that example, were any of my actions "racial profiling"? No. I pulled over a car for a traffic violation, contacted the driver as I would on any other stop, and through the normal course of my duties discovered that he didn't have a license and was not an American citizen. Even when I got his name and date of birth to check his status my primary concern was his license status, NOT his immigration status. When his immigration status came back as
illegal and wanted by INS for deportation I was told I couldn't take any enforcement action.
So, let's put that same situation in Arizona today. I pull over a car for speeding. A Georgian immigrant (Georgia used to be part of Russia) is driving and has no license. He claims to have no identification on his person at all. The car, he says, belongs to a friend who let him borrow it for the day. The registration isn't in the car and he has no proof of insurance. I get his name, date of birth and address, jotting down a physical description as well. When I run all that through the dispatcher I may find out he's here illegally. If I discover that, NOW I can arrest him and go through the described process to have him deported in accordance with the state law. Where did I commit an act of racial profiling?
Yes, I know. I intentionally used an example of a man who would appear Caucasian, but if it were a man of middle-eastern decent or who appeared of Mediterranean decent, or who looked Hispanic, what difference does it make? My job is still my job. If the driver presents a valid driver's license and the car is properly registered / insured, then he gets whatever citations he has coming and is sent on his way.
Now, let's assume for a minute that I'm an incredibly racist person and I have no respect for the laws and departmental guidelines that control how I perform my duties. Let's assume that I pull that man over and I decide that, purely based on his appearance, I'm going to check his immigration status. If he is a legal American citizen, or even a resident alien, why would he care? He simply presents his proof of legal residence and goes about his business when the stop is done. Is this an infringement on his rights? I don't see how
provided I had cause to stop him in the first place. If I get pulled over today I expect to have to provide my driver's license - which I had to present a birth certificate to get. That proves my citizenship and residence. Where does the racial profiling come into play?
I hope to get some intelligent and thoughtful comments back about this from people "on both sides of this fence". Do you think the immigration enforcement law in Arizona will cause
racial profiling problems?
