Should a police officer ask a Victim their status?

[Reba 2]

from www.charlotte.com today

Victim's legal status stirs city debate

McCrory disputes police chief's claim

FRANCO ORDOÑEZ

fordonez@charlotteobserver.com

County jail checking legal status

Charlotte Mayor Pat McCrory and Police Chief Darrel Stephens squared off Wednesday over how police should treat crime victims who might be illegal immigrants.

McCrory brought new pressure on the department's practice of not asking victims their residency status after a dispute involving how police treated an illegal immigrant working as an ice cream vendor.

Stephens said one of his officers erred earlier this month by asking the vendor his status and that officers are not to make such inquiries because they could discourage victims and witnesses from reporting crimes.

"People who are here illegally are afraid of the police to begin with," Stephens said. Police apologized to the Latino community on Monday.

McCrory countered: "We apologized to some sectors of our community, and I'm not sure an apology was warranted."

The dispute between two of the city's highest ranking officials represents the frustration in Charlotte and many other cities as they try to deal with the rise of illegal immigration.

McCrory told the Observer on Wednesday he felt the officer's actions were appropriate and he is concerned the department is following practices not approved by city policy-makers.

"This case brought up the difficulty of having an informal and unwritten policy," he said.

The City Council appears split on the policy. Democrat Susan Burgess said police officers do not have the capacity to act as federal immigration officers.

"Our police officers have worked hard to establish a relationship and rapport with our immigrant community," she said. "If they become immigration officers, all that is at risk."

Republican Don Lochman and Democrat Warren Turner, chair of the public safety committee, said officers should ask individuals, including victims, immigration status.

Turner said officers should forward pertinent information they receive to immigration officials.

"I don't want to try to micromanage the chief and how he runs the department, but we are the elected officials of this community and we are responsible to the community," Turner said. "And, I don't think an officer should be apologizing for doing their job."

On May 5, a Charlotte-Mecklenburg police officer responded to a report that an ice cream vendor had been robbed at gunpoint in east Charlotte.

The victim, Eder Lucero Cubillas, 23, did not speak English and could not produce the appropriate peddler's license. The officer concluded that Lucero was in the U.S. illegally and said she would forward a copy of her report to federal immigration officials.

Lucero said Wednesday he was thankful police came to his aid. But he told the Observer he was confused that the officer repeatedly asked him for a copy of his green card when he had been told police were not interested in victims' immigration status.

"I didn't know why the officer was asking me all this if she was here to help me," Lucero said.

He said he would think twice before calling the police if he was robbed again.

Lucero was not reported to federal agents, according to immigration officials.

According to Stephens, "officers are not to inquire about the immigration status of a victim or others they encounter unless the person has committed a serious crime" or is a suspect.

Only federal officials, not police officers, have authority to arrest a person whose only violation is entering the country illegally, Stephens said.

He said the department has followed the same practice since before he took over the department seven years ago. He said many large city police agencies follow the same practice.

The mayor said the chief's reasoning was rational, but said it demanded review from elected officials and the public.

The chief and the mayor said they've often talked about illegal immigration. The mayor said the department's policy is one reason he formed an immigration task force.

"This is a complex issue," McCrory said. "No one is sure what the policy is ... and it's causing confusion even among the street police officer. And I don't think it's right." -- Reporter -- Diana Ni contributed.

Should a victim's immigration status even be questioned, if they're robbed at gunpoint, or or or? Sure, if they're the perpetrator, ship their ### back home, but if they're the victm what the hell should their status matter? Would they investigate the crime any differently if the victim is legal or illegal? #######?

While I don't think that illegals should be given amnesty, or given a fast track to green card or citizenship, I don't think they should be further victimised by police giving them a hassle about their status when they're supposed to be investigating a robbery. sheesh!

[hockeygal 0]

While I don't think that illegals should be given amnesty, or given a fast track to green card or citizenship, I don't think they should be further victimised by police giving them a hassle about their status when they're supposed to be investigating a robbery. sheesh!

I agree. Isn't a robber with a gun who is at large a threat to everyone, legal or not?

I understand that to the Police the illegal alien is a crime too, but ....

[LenJayUS 0]

I think they should inquire - and as the one city council person state, forward any relevant info to immigration officials. None of that prevents the police from investigating the crime that happened.

[almaty 19]

i think the cops should deal with city or state laws and leave the other stuff to the feds..

[Mr. Big Dog 10,747]

I think they should inquire - and as the one city council person state, forward any relevant info to immigration officials. None of that prevents the police from investigating the crime that happened.

Think of all the crimes that would go unreported if the victim would fear repercussions on the immigration front. Not reporting a crime would prevent police from investigating it, no?

[#@!!* 0]

I think they should inquire - and as the one city council person state, forward any relevant info to immigration officials. None of that prevents the police from investigating the crime that happened.

Think of all the crimes that would go unreported if the victim would fear repercussions on the immigration front. Not reporting a crime would prevent police from investigating it, no?

I agree with you. And also, what are the chances that even more crimminals would specifically target the groups of people who would not report crimes.

[Mr. Big Dog 10,747]

I think they should inquire - and as the one city council person state, forward any relevant info to immigration officials. None of that prevents the police from investigating the crime that happened.

Think of all the crimes that would go unreported if the victim would fear repercussions on the immigration front. Not reporting a crime would prevent police from investigating it, no?

I agree with you. And also, what are the chances that even more crimminals would specifically target the groups of people who would not report crimes.

Exactly. As much as I am opposed to illegal aliens being here, I do not want them to be easy targets for American or other scum. At the end of the day, they are people too. And while they shouldn't be here, we should not make them easy targets for criminals ... any more than they already are.

[Reba 2]

I think they should inquire - and as the one city council person state, forward any relevant info to immigration officials. None of that prevents the police from investigating the crime that happened.

and the cop said they did forward the info to ICE, and then ICE says they never received any report of it. So whose story do we believe (though its not so far fetched that any devision of USCIS could mess something up )

I think they (the cop(s)) in question were just being ####### and should have just got the guy's statement, cought the bad guy with the gun, and left it at that. As if the poor guy isn't scared enough, next time he gets held up, he's not going to report it!

Its the feds job to do whatever it is they're going to do with illegals, its the city police's job to get armed robbers out of society and in prison where they should be

[pax 0]

I think they should inquire - and as the one city council person state, forward any relevant info to immigration officials. None of that prevents the police from investigating the crime that happened.

Think of all the crimes that would go unreported if the victim would fear repercussions on the immigration front. Not reporting a crime would prevent police from investigating it, no?

Especially for victims of crimes that are already underreported, like rape. This could put illegal immigrant women in an extremely dangerous situation.

[Reba 2]

zackly!

[pedroh 21]

in this area it happens a lot.. the trailer parks where the hispanics live, have a high rate of robbery, even the cops rob them. but they don't report the crimes cuz they're afraid of gettin deported.. or threatened by the cops