SoCo Magazine - May 2008 - (Page 42) a lot of people. If licenses were to become less secure now, the problem. Specifically, what Massachusetts would be a magnet for document fraud rings.” is local law enforcement’s role Specifically, crime syndicates could set up shop to establish and what do they do when residency papers for illegals desiring legitimate licenses. During dealing with known illegal our conversation, Vaughan notes that licenses are “our nation’s aliens? I called several police primary form of identification.” The great American heart is such that we sympathize with illegal departments and other agencies. immigrants because we think they Most were responsive, but I soon are nice, hard-working, and familyoriented people. But we leave out found myself in the dark on the number in jails who commit crimes ranging from the petty to matters that should be open to the vile, not to mention those aforementioned costs. the public regardless of whether So what happens when an illegal is “found out”? Is he or I’m a bleeding-heart abettor of she pursued, winked into a file drawer, or ignored? Last year, the immigrants or a hard-ass eager Department of Homeland Security deported a record 280,000 illegals during the 2007 fiscal year to send them packing. (186,000 the year prior), according to a story in the Washington Times million illegal aliens in the U.S. (at least in March 2008. The Times notes that this 33 percent) are those who overstayed increase involves not just criminal illegals their allowed time. Such a person could but those crossing the border illegally still have a legitimate driver’s license—a as well. Homeland Security launched “Operation Streamline” along parts of privilege coveted by terrorists. Moreover, the study notes that if Mexico’s border to prosecute illegals Massachusetts began to issue licenses crossing as a misdemeanor (first offense) to illegals as required by the new federal or a felony (second offense). Here in regulations found in the REAL ID Act, Massachusetts, we still have illegal Irish Massachusetts citizens eventually immigrants. If it’s a form of flattery to stay wouldn’t be able to enter federal illegally in someone’s country other than buildings easily (such as offices for Social your own, it’s also problematic for the Security, Medicaid) and even might be above outlined reasons relating to costs required to show a federal passport and security. I sought protocols for solving the (or a birth certificate at the very least). The determination of citizens versus problem. Specifically, what is local law non-citizens entering federal buildings enforcement’s role and what do they do would ultimately become a costly when dealing with known illegal aliens? I called several police departments and and complicated task. Massachusetts would also risk becoming a hub for other agencies. Most were responsive, illegal immigrants and identity fraud, but I soon found myself in the dark on according to the study. In short, while matters that should be open to the public the feds handle immigration policy and regardless of whether I’m a bleedingenforcement, states pay a penalty for not heart abettor of immigrants or a hard-ass properly enforcing and observing the law eager to send them packing. I received ten pages of State Police “protocols” on their end. after persistent phone calls, finally I spoke to Vaughan for more details. “The immediate concern is compliance speaking with Terrel Harris (spokesman with the REAL ID regulations,” says for the Executive Office of Public Safety) Vaughan. “The Department of Homeland at the end of a maze of detours. Harris Security will declare licenses invalid sent me the protocols but insisted the for legal purposes—boarding planes, Massachusetts State Police would cite entering federal buildings. It will affect them verbatim (hence, I shouldn’t bother 42 | s o comagazi ne . i nfo | M ay 2 0 0 8 I sought protocols for solving calling them). So much for gut hunches and independent thought. When I spoke to Harris later about the governor’s current position on immigration, he referred to the same protocols. He had no statement about in-state tuition and driver’s licenses for illegal aliens. I tried to reach another media relations person with the same questions, but I never received a return call. Some of the protocols for “Travel/ Immigration Status Inquiries and Investigations” for the Massachusetts State Police, implemented last fall, go like this: Enforcing federal immigration law is not a mission of the Massachusetts State Police. Accordingly, it is not appropriate for a member of the State Police to inquire about, or investigate a non-citizen’s immigration or travel status if the sole purpose is to determine an individual’s immigration status or whether the person is in the country lawfully, or to facilitate a person’s detention or deportation by the U.S. Immigration & Customs Enforcement (ICE). An officer may inquire about documents if he has reasonable suspicion of unlawful conduct or needs to facilitate the investigation of the violation of a state criminal law, according to the protocols. Inquiries or investigation into immigration status is only allowable as part of investigations into violations of state criminal law, motor vehicle law, or other federal criminal law or behavior that threatens public safety regardless of immigration status. At these times an officer may also contact ICE (U.S. Immigration & Customs Enforcement). Once an officer decides to contact ICE, they must follow this procedure: When officers have questions or concerns that involve a Department of State Police investigation and wish to contact an agent from the ICE, they must first contact their Commanding Officer or the Troop Duty Officer and request permission. Approval must be received prior to contacting agents from ICE. Lest the language of legalese and bureaucracy stifle my thought, I sought some real people as well. I spoke to Sgt. Paul Bernier, spokesman for the Fall River Police, about the department’s policy on dealing with illegal immigrants. “If someone is recognized as an illegal immigrant, there’s an NCIC (National Crime Index Center) check if they’re taken into custody or suspect,” Bernier says. http://socomagazine.info
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