Remarks by Chief Charlie T. Deane Regarding the Immigration Issue in Prince William County

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1 COUNTY OF PRINCE WILLIAM 1 County Complex Court, Prince William, Virginia POLICE DEPARTMENT (703) Metro FAX: (703) OFFICE OF THE CHIEF Charlie T. Deane Chief of Police July 11, 2007 Remarks by Chief Charlie T. Deane Regarding the Immigration Issue in Prince William County Yesterday, the Prince William County Board of County Supervisors (BOCS) unanimously passed a modified resolution regarding illegal immigration. The comments I made during the meeting (which are included below for your reference) were directed toward the original, more stringent proposal. However, I still advocate the messages and three-phase approach included in my statements. This three-phase approach, the value of which was recognized by the BOCS, is a workable, effective way to address the presence of illegal aliens in Prince William County, while treating all members of the community fairly and impartially. If we do not formulate our legislation, policies, and procedures right the first time, it will result in significant, unintended consequences, many of which I have identified in my comments below. The Police Department s proposed three-phased approach will enable the Prince William County Police Department to operate within the guidelines of the new proposal which calls for officers to inquire into the citizenship for immigration status of the detained person if there is probable case to believe the person is in violation of (the Federal Immigration Law.) The approach includes the following steps: Phase I: Continue the County's Aggressive Approach to the Immigration Issue (includes subset of action items) Phase II: Educate the Public Phase III: Evaluate and Report the Progress The Police Department will formulate, from a practicality and operational standpoint, what this means in the next 60 days, as requested by the BOCS. We will do what is right for all aspects of the community by prioritizing and focusing on the worst of the worst in regards to immigration status. By keeping procedures fair and impartial, we can avoid being perceived as a racist community intent on driving out a single population. To help avoid unsolved crime and the underreporting of crime by minority populations, victims and witnesses can feel secure that police officers will not inquire regarding their immigration status.

2 2 Cooperation between ALL members of the community legal and illegal is essential in order to prevent and solve crimes in the whole community. The Prince William County Police Department already has one of the most aggressive, yet balanced, approaches to the immigration issue in the Country, and we will continue to strive to meet our primary mandate to provide police services through shared responsibility with the public in a fair and impartial manner. Chief Charlie T. Deane Prince William County Police Department Statement to the Board of Supervisors - July 10, 2007 By now most of you have read the lead editorial in the Washington Post entitled: Hounding Immigrants In Prince William, the Poisonous Fruit of Congressional Failure. Such an article shines a very bright spotlight on our county one that the State of Virginia and the Nation will be watching and judging for many years to come. The matter of illegal aliens in Prince William County is both complex and volatile. I know what a difficult position we are all in. Change in our county is never easy and the influx of Hispanics, many who are here without proper documentation, has had an impact on all County services. And as the County s leaders, you have both a right and a duty to legislate how we deal with the changes both good and bad. As the Chief of Police, I know the issues and respect your debate and will carry out your will. As you are aware, I have been the Chief of Police for over 19 years in this County, and with the Police Department since its inception in During those decades of change and at times strife, you have always sought my opinion, for which I am grateful. And I hope you know I have always had, and will always have, the County s best interests at heart in giving my advice. In that vein, I want to suggest that the current proposed legislation on which you will vote tonight will have significant unintended consequences that will impact our County for years to come. Just to mention a few: Community policing efforts will end. This method of policing, which our County has embraced with impressive results, has been identified as the best practice in policing and is based on the trust between the public and the police. Clearly 18% of our population is Hispanic and that population will not respond to the current proposed legislation in a positive manner, but rather in a hostile and distrustful one. Thus, based on all my years of experience in policing, I predict one unintended consequence will be the sharp rise in unsolved crime and the under-reporting of crime by minority populations.

3 3 Perceptions of racism will increase. I predict that because this current proposed legislation will be viewed by many as clearly targeting the Hispanic population, we will all be viewed by many inside and outside our County as racists. Despite any cries of fairness and impartiality, Prince William County, which over the past few decades has had an outstanding reputation of inclusion, could be painted by the Nation as a racist community intent on driving out a single population. Crime rates among youth will rise. If immigrant children are not allowed to attend school or if health clinics deny care or cause a chilling effect sufficient to keep sick women, children and elderly away, there will be harsh unintended consequences. Again based on my years of law enforcement experience I predict that frustration will mount and more youth will be pushed toward gangs, and violence will likely erupt. Vigilantism could emerge. Because the current proposed resolution calls for citizens to be able to sue the County if more radical enforcement actions are not taken, I can foresee the potential for a deluge of widespread vigilantism that will erode trust in our County to the point of, at a minimum, incessant finger pointing and petty but cumbersome calls for service and at worse a divisive community and mass disruption. What does this mean to you and me? If we don t get this right A more radicalized County population. I believe that the current proposal will in effect polarize the residents into solid pro and con camps. Eventually, both will become difficult to deal with rationally. Increased angry calls to you by constituents on both sides of this issue. I predict the negative response will be hauntingly similar to the U.S. electorate responding to the strategy of the War in Iraq, which has polarized both sides. Higher taxes. If you pass this proposal, I predict you will have to raise taxes to cover the skyrocketing expenses of responding to the calls for service that will flood the Police Department. Police staffing, and increased Adult Detention Center operating costs are just two examples of costs that will escalate. A surging crime wave. This rise in crime will result in a potential response of vigilantism, displaced and angry minorities in our County, displaced and disenfranchised youth who will move to gangs for solace and protection, and a host of other unintentional outcroppings of such proposed legislation. So what should be done, in my opinion? I want to suggest a more moderate proposal one that will get at the problem without causing an even greater problem with potential severe unintended consequences in the process. Let me therefore suggest a three-phase approach to this important issue:

4 4 Phase I: Continue the County s aggressive approach to the immigration issue. Prince William County currently has one of the most aggressive, yet balanced approaches to the immigration issue in the Country. I therefore suggest that we continue: a. To work with ICE to remove criminal gang members. An Immigration Custom Enforcement (ICE) agent works daily with the County s detectives on the Northern Virginia Gang Task Force. This aggressive Regional effort has already resulted in 368 criminal alien gang members having been deported or having current deportations pending against them. In addition, ICE is informed on a daily basis regarding the arrest of any criminal alien gang members in the County. b. To request ICE authority for select police staff under the 287(g) program. This intensive program calls for ICE to provide extensive training for our detectives covering such areas as federal immigration laws, identity fraud, and deportation procedures. Such training is a federal requirement in order for the County s trained detectives to act in effect as ICE agents. This initiative would enhance the police department s ability to target the worst of the worst in terms of criminal aliens in the County. c. To work with area law enforcement partners to finalize our jail s implementation of 287(g) immigration enforcement program. This initiative will allow the County the ability to screen all those incarcerated to maximize the resources available through ICE. Because there is a practical limit, according to ICE, on how many criminal aliens can be processed for deportation, those arrested in the County will be screened based on their threat to community safety. Thus, worst of the worst will go first. It is significant to note that Prince William County is the only large jurisdiction in Virginia or the Region to implement such a program. d. To revise the police department s immigration enforcement policy. The department s immigration enforcement policy has evolved over the past few years and requires updating to incorporate the new ICE training and authority being implemented at the jail and to provide officers with additional guidance. This revision would also include guidance for officers that immigration status inquiries be conducted following a physical arrest where the individual is not eligible for release on a summons and/or under other limited circumstances where such an individual poses a significant threat to public safety. Phase II: Educate the public. It is important that any new program dealing with immigration be coupled with a strong public educational component. In short, such a program would include, but not be limited to, a partnership with the media, public forum discussions, and surveys. However, time should be taken to develop a comprehensive program modeled on best practices nationally. Such an educational component is necessary for several specific reasons: a. To prevent creating a class of silent victims who are afraid to report crimes or witness who will not cooperate with the police out of fear.

5 5 b. To realistically manage the public s expectations about the county police department s role, including its legal authority and limitations, in dealing with immigration enforcement. c. To make maximize use of both federal and local resources to address the permanent and timely removal of criminal aliens. Phase III: Evaluate and report the progress of this proposal. Implementation of any new public policy should be followed by rigorous evaluation. Such evaluation would include: a. Evaluating the annual citizen survey results conducted by the University of Virginia pertaining to perceptions of police performance and community safety. b. Tracking crime rates and trends and the department s effectiveness in solving crime and victim/witness cooperation. c. Monitoring the cost of lawsuits against the police department and the County, visà-vis immigration enforcement. I know that we re all feeling the need for the County to do more about illegal immigration. However, I m concerned that if we don t strike the right balance in our policy, we will polarize the community and create more problems than we solve. However, by following the action steps suggested, the County will be adopting one of the most aggressive immigration enforcement plans in the State and Region while striking a proper balance in the use of police resources and avoiding a number of unintended consequences. In summary, illegal immigration is a National challenge that can best be solved with National strategies. Local police involvement with immigration enforcement should be aggressive, yet balanced and focused on the worst of the worst. As a County we cannot solve the national problem but should maximize the use of federal immigration laws to control crime and keep our community safe. Furthermore, I recognize that our County will be under the spotlight of national attention as evidenced by coverage in the Washington Post, National Public Radio, and no doubt mounting interest by other national media. Therefore, we need to strike a measured and balanced approach that will serve all our citizens in the fairest possible terms and over the long haul. Finally, I ask for your support of the Police Department s amended proposals.