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Officials: Raids aren't part of immigration law
POLICE CHIEF
Ron Palmer:
He said some people believe that the law contains more law enforcement provisions than it actually has.
By NICOLE MARSHALL World Staff Writer
Published:
10/31/2007 1:18 AM
Last Modified: 10/31/2007 5:09 PM
Watch a slide show and read all the stories in a series on the immigration of thousands of people from Casa Blanca to Tulsa.
Read all of the Tulsa World’s coverage of House Bill 1804.
Local and state law enforcement agencies do not expect major changes in their day-to-day operations when House Bill 1804 takes effect on Thursday.
Authorities said that the law does not require, and they do not intend to do, raids seeking illegal immigrants.
"We just don't have enough resources," said Tulsa County Undersheriff Brian Edwards.
However, Tulsa deputies partnered with Immigration and Customs Enforcement in June to begin their stepped up efforts to verify the status of people who are arrested and booked into the Tulsa Jail and place ICE holds on illegal immigrants.
Edwards said Tulsa County is working with ICE as part of the Criminal Illegal Alien Program. He said deputies will also work with ICE on cases involving forged documents, drug smuggling and organized crime.
"People who violate the law have something to worry about," Edwards said.
State Rep. Randy Terrill, the chief author of House Bill 1804, said that once it becomes law, law enforcement has a responsibility
to enforce it, "and I would expect them to enforce all the laws with equal vigor."
Misconceptions:
Tulsa Police Chief Ron Palmer said there are some misconceptions about what actions the law requires law enforcement agencies to do. He said some people believe that the law contains more law enforcement provisions that it actually has.
"I think a better understanding of the law and what it actually means and what the police can do with that law is imperative, not only within my department, but within the community itself because I think there is a gross misunderstanding about what the law actually says," Palmer said.
There is one section of the law that makes it unlawful for anyone to transport illegal immigrants and there is another section that makes it unlawful to harbor illegal immigrants. Anyone who violates those sections could be convicted of a felony punishable by not less than one year or a fine of at least $1,000, the law states.
"There are only two sections that we consider applicable to law enforcement, in the field anyway, and the rest of it is administrative action," Palmer said.
When officers encounter those situations, they will act accordingly within the depart ment's policy.
"It is another law that we have to consider along with all the other laws," Palmer said.
Checks since June:
In June, Mayor Kathy Taylor issued a policy clarification stating that police will work with the Tulsa Jail to conduct the immigration status checks on people who are arrested on felonies and in-custody misdemeanors and the Police Department will report the information to federal authorities.
But it also clearly says that police will not stop, detain, question or arrest anyone based solely on suspicion that the person is in the United States illegally.
Palmer said that if something occurs during a traffic stop that leads to an in-custody arrest -- for instance if they do not have a driver's license -- then their status will be checked in accordance with the department's policy.
The law says that after Nov. 1 all legal identification -- including driver's licenses -- will only be issued to those lawfully in the United States. Therefore, a driver's license is enough to prove one is not an illegal immigrant.
Edwards said each traffic stop by a Tulsa County deputy will be handled on a case-by- case basis.
Hispanic groups have expressed concerns that the law might result in racial profiling. However, Terrill, R-Moore, said that HB 1804 does not target any particular race, ethnicity or national origin.
"There are safeguards in the bill to prevent racial profiling," he said.
Since deputies partnered with ICE to make the status checks "more effective and expedient" several month ago, they don't expect the number of people being held for ICE to increase after Thursday, said Chief Deputy Tim Albin, who oversees the Tulsa Jail.
"This is going to have very little effect on us. This gives us some laws at the state level, but we are already enforcing federal law because of the partnership we have with ICE," Edwards said.
Albin said that there are "a host of things that can alert us to the fact someone may be here illegally or their status is questionable," including their documentation or lack of it.
Albin said that he did not want to be too specific about checks at the jail because it might cause the detainees to adapt to their methods and would make the checks less effective.
The ICE hold means that authorities are verifying something about their status and not everyone who receives a hold is illegal, Albin said.
From June through last week, jail workers conducted 999 status checks, resulting in about 700 detainers. Of that number, about 500 people were actually turned over to ICE, Albin said.
Other agencies:
Things won't change much for the Oklahoma State Bureau of Investigation, either.
"We are an assistance agency so when we do an investigation we work hand-in-hand with local agencies," spokeswoman Jessica Brown said.
The majority of the arrests the agents make is in coordination with the local law enforcement agency. The prisoner is then transported to jail where jail authorities check their immigration status, Brown said.
The Oklahoma Highway Patrol said Tuesday that it would not have a statement about the effect of the new law until Wednesday.
World Capitol Bureau reporter Angel Riggs contributed to this story.
Nicole Marshall 581-8459
nicole.marshall@tulsaworld.com
By NICOLE MARSHALL World Staff Writer
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amanda
, porum (10/31/2007 2:24:05 AM)
There shouldn't be a problem in Oklahoma for an Alien/immigrant if they don’t violate the federal laws:
1. INA: ACT 211- DOCUMENTARY REQUIREMENTS
Sec. 211. [8 U.S.C. 1181]
“(a) Except as provided in subsection (b) and subsection (c) no immigrant shall be admitted into the United States unless at the time of application …”
2. INA: ACT 262 - REGISTRATION OF ALIENS IN THE UNITED STATES
Sec. 262. [8 U.S.C. 1302]
“(a) It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 221(b) of this Act or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days. …”
3. INA: ACT 274C - PENALTIES FOR DOCUMENT FRAUD
Sec. 274C. [8 U.S.C. 1324c]
“ …(e) 7/ Criminal Penalties for Failure to Disclose Role as Document Preparer.-(1) Whoever, in any matter within the jurisdiction of the Service, knowingly and willfully fails to disclose, conceals, or covers up the fact that they have, on behalf of any person and for a fee or other remuneration, prepared or assisted in preparing an application which was falsely made …(f) 8/ Falsely Make.-For purposes of this section, the term "falsely make" means to prepare or provide an application or document, with knowledge or in reckless disregard of the fact that the application or document contains a false, fictitious, or fraudulent statement or material representation, or has no basis in law or fact, or otherwise fails to state a fact which is material to the purpose for which it was submitted. …”
Report Comment
The Oracle
, Tulsa (10/31/2007 5:57:01 AM)
In the interest of public safety the TPD and the Tulsa County Sheriff should man suprise road blocks and chechpoints to identify all those who drive without drivers licenses and without insurance.These suprise checkpoints would go a long way towards making the streets and highways safer.Those who oppose these checkpoints have something to hide...
Report Comment
Dover
, (10/31/2007 6:59:59 AM)
This gross misunderstanding of the law as Palmer puts it does not surprise me one little bit. Obviously they dont and probably cant understand the law.........That is why we have this problem of illegals overrunning the city. They dont understand what illegal or legal means.
#2 They have already started doing that in okc. I was glad to see this. Not because of illegals but it seemed to be very effective catching people violating all types of laws.
Report Comment
Dover
, (10/31/2007 7:00:58 AM)
Or should I say overrunning the country!!!!
Report Comment
a
, tulsa (10/31/2007 7:24:48 AM)
I'm in shock-I actually agree with you on this one, Oracle! Because I'm pretty darn sure that only a small percentage of those caught would be illegal aliens. The vast majority of people I've run into without license or insurance are your typical Oklahoma good ole boys...
Report Comment
Doug
, (10/31/2007 8:21:01 AM)
I was driving on I-44 @ Peoria and a mini van was going 45 mph in the left lane. Guess what...inside was a Hispanic family of about 8. I'm not saying that they were illigals but here is my point. They come here with no understanding of the rules of driving. They just get in a car a start driving. I can't tell you how dangerous this is. Please Tulsa Police, If you see cars driving slow in the left lane pull them over and check for a VALID drivers license.
Report Comment
Ricky
, Kellyville (10/31/2007 6:44:23 PM)
ILLEGAL ALIEN LOBBY DENIED!!! HB 1804 will be enforced!! Yes, yes, yes - way to go judge Payne, a voice for law and order in Okla.
...
No, no, no!! to the fake "reverends" and political activists pushing for open borders and amnesty. Its good to have something to be proud of in Oklahoma - a great state!!
Report Comment
Old Rusty
, tulsa (10/31/2007 8:29:25 PM)
Tulsa, Illegals Not to worry, to much about the racial profiling tulsa police to busy out selling vehicle liability insurance for the insurance companies, because its the law, see TV adds,Safe auto..I sell blue coats, wish I had a law requiring everyone to own a blue coat.
Report Comment
Laughing at all you bigot weirdos out there
, (10/31/2007 9:19:11 PM)
BIBLE BELIEVER....how in the hell can you believe in the bible and post that kind of comment? Didn't you listen in Sunday school. God says judge not lest you be judged yourself. If anyone is being hateful it is you. People who are defending the rights of human beings are not out to get Caucasian America...where the hell do you come up with that crap? Looks like you smoked too much weed during the 60's. And Ray Smith...what someone has a differing, well-stated, and well defended opinion then yours so they should be "locked up"? You guys really don't understand what American and civil liberties are all about do you? Everyone has a right to an opinion, even paranoid racists like Bible believer. (Who knows what the hell kind of Bible you are reading, son...because mine preaches love not hate.)
Report Comment
Bible Believer
, Tulzee Town (11/2/2007 2:06:47 PM)
165 - dummy, I suggest you either learn to read or change Suncay School classes. You have apparently learned a very watered down pablum version of God's word. The Bible is very strong on sin and wrongdoing, and judgement is a basic part of God's nature. We are commanded to judge with righteous judgement. And since you are so full of "love" and all that nice stuff, why are you on here cussing?
I've noticed that all those who are supposedly "defending the rights of human beings" or "exposing racists" always target whites. In their twisted world view all whites are racists and only whites commit racism. They go through life like little pre-programmed zombie robots, and when they encounter somebody who has an independant mind and actually thinks for himself they begin to shriek, "racist, racist"!!! This is the mindset spread by communist hate groups such as the adl and splc.
The Bible doesn't teach that people should be dumbed down programmed robot slaves. To the contrary, a Christian should be sharp minded and intelligent (as much as his genetic makeup allows, that is) and able to see through the lies that are running thick in our day.
Report Comment
ds
, Tulsa (10/31/2007 5:31:41 PM)
Correction: That is meant to say "accusing those of us who embrace ethnic diversity of "genocide" only demonstrates what a skinhead racist you are.
Sorry for the mistake. Please proceed with your narrow-minded nazi point of view.
Report Comment
ds
, Tulsa (10/31/2007 5:32:44 PM)
Oops. This was supposed to be first:
Bible Believer: I can almost hear the texas drawl of our idiot in chief in your post.
Love it er leave it!
Yer either with us or against us!
Mission accomplished!!!
Yeeehaaawwwww!!!!
It's fascinating to me that you accuse us of hate yet support a known publisher of "Chritian Identity" nazi propaganda. Spin it however you like, but accusing those of us who embrace ethnic diversity only demonstrates what a skinhead racist you are. What makes you even more pathetic is that you attempt to couch your racist beliefs in the Bible.
Report Comment
JR
, Stone Bluff (10/31/2007 5:41:43 PM)
#156 Good points about that stupid list she put up. You mentioned the ADL - they have been pointed out as a hate group themselves in the last couple of years, and are rabid jewish supremacists. They have compiled lists of Americans who hold views they don't agree with. They were caught with some illegal lists in San Francisco a few years ago. And that idiot also left a few others off her list too: Laraza - mexican for "the race", their motto is "for the race, everything, for the others - nothing." And Reconquista, they are planning on violent takeover of a good part of the contenental USA, including part of our own state. They openly advocate the killing and displacement of white Americans. There are numerous other ethnicly oriented non-white groups that exclude all others and target whites economically or in other ways. If that isn't hate I don't know what is.
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ds
, Tulsa (10/31/2007 5:44:03 PM)
It appears that white trash school just let out for the day.
Report Comment
Bible Believer
, Tulzee Town (10/31/2007 6:09:50 PM)
You, calling me pathetic? Now that takes the cake!!! Here is one of the state's premier traitorious scum, holding a position of the public trust and having taken an oath to defend the constitution yet guilty of working to subvert our constitution and make it easy for interlopers to break our laws. The pathetic part is your attempt to hide your hate behind this phoney guise of ethnic diversity - that's just the pc term for genocide of Caucasian America. Another worthless little commie lawyer liar.
Report Comment
Ray Smith
, Tulsa (10/31/2007 6:14:59 PM)
I don't know if this ds idiot is what he says he is, but either way he needs to be locked up. And then deported with the next load of iliegals headed south. This is a good example of why this country is so messed up, with crooks like this working in our legal systems.
Report Comment
SraChavez
, Tulsa (10/31/2007 4:03:13 PM)
mdc: If you are going to quote me quote me correctly. I have NEVER said the problems I have are the reasons I don't like the law. The law is not a good or just law. That is why I don't like it. I offered other information about the delays to try to show people that there are many out there who are in the legal process and waiting for extended periods of time to get their papers. AND I NEVER said anything about the illegals that work for my husband. I said the MEXICANS that work for my husband do a good job, need little supervision, do not take 30 smoke breaks a day, and show up every day. NEVER did I say they were illegal. That is exactly what the problem is. People like you distort the facts and make assumptions with no backing. Get your facts straight!
Report Comment
ds
, Tulsa (10/31/2007 4:04:57 PM)
mdc: People in our country, whether here legally or illegally, are afforded rights under our Constitution. These are the rights that are violated whenever the state literally sanctions racial profiling and these are the rights to which I have been referring.
What you don't know about Constitutional Law could clearly fill a basket with no bottom. Further debate with you on this topic is an exercise in futility.
Report Comment
Sandra
, (10/31/2007 4:23:04 PM)
J, mac: Judge Payne has taken no action. That's not the same as rendering a decision, which he can still do prior to midnight. He's being very cautious, and I think it may actually be a sign of trouble for the bill because he did NOT throw the case out, nor did he come in with a solid statement supporting the bill. So we will wait and see.
Report Comment
ds
, Tulsa (10/31/2007 4:24:45 PM)
Sandra is correct. There are still Constitutional arguments to be heard and Judge Payne has until midnight to render a decision.
Report Comment
MAC
, San Diego/Tulsa (10/31/2007 4:44:25 PM)
There is a good chance it will be stopped. What it will do is draw attention back to the Feds yet again to get off the fence. If enough States take off by themselves they will be forced to address it.
That will be the time the lawlessness will have no more excuses.
Report Comment
Bible Believer
, Tulzee Town (10/31/2007 5:22:07 PM)
#144 - where did you get your list from? I think I know already, the ADL or the misnamed southern poverty law center. Both groups put out lists like this in their ongoing attack on anyone who has any kind of a racial identity - if they are white that is. How on earth can you say that Artisan Publishers in Muskogee is racist? I'd venture to say you have no idea what kind of stuff they publish and have never been to their store. They publish Biblical and historical material. I happen to be very familiar with their publications and nothing promotes hate.
As I see it, s. chavez, ds, sandra etc. are the ones promoting hate here. They hate our laws, they hate America, they hate our society, and they hate anyone who might happen to have the slightest glimmer of pride that he has some English, Irish, German, Saxon, Scandinavian, or Caucasian heritage and blood flowing in his veins. In other words, you are for genocide. By advocating the breaking of our laws and the flooding of our country with illegal aliens you are no different than any other marxist revolutionary who has promoted such failed policies in the past. Why don't you move to mexico and be a part of that society there, since you are so proud of it.
Report Comment
ds
, Tulsa (10/31/2007 3:49:14 PM)
mdc: Our conversation was about racial profiling. You then brag about all the "legals" you worked with. Your response about your MS experience was a non sequitur unless, of course, you are simply solidifying your opinion that the rights of illegal aliens don't matter. I think that opinion sucks but I would admittedly have more respect if you could just come out and admit it.
SraChavez: Hang in there. My guess is the injunction won't fly based on the ripeness issue. If nobody has yet been injured, it is almost impossible to declare a law unconstitutional.
Report Comment
Forgive me Jesus
, (10/31/2007 3:50:28 PM)
I bet the judge dismisses the lawsuit, as this bill is nothing more than enforcing what is already federal law. People get deported very day after being arrested nationwide.
Report Comment
Bill
, Tulsa (10/31/2007 3:50:31 PM)
The reality of Illegal Aliens---
Estimates put the number of illegal immigrants in Oklahoma at approximately 85,000.
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