Misunderstanding
and confusion
about a new law that goes into effect on July 1 threatens to have a
negative
effect on the relationship of trust between immigrant communities and
law
enforcement agencies that is necessary to ensure the safety and
security of all
Virginians. The new law, resulting from
passage of HB570 (Albo, R-Springfield) and SB493 (Mims, R-Loudoun)
during the
2004 General Assembly Session, is a narrow law that gives only very
limited
immigration enforcement powers to local and state police. It
should not result in any real change in
the way Virginia law enforcement agencies currently operate, and the
fact is
that, for the overwhelming majority of Virginia’s immigrants, this law
should
have no real effect.
It is important for members of
Virginia’s growing immigrant communities to know what this new law will
and
will not do. The new statute does not give a Virginia police officer
the power
to detain or arrest someone just because the person is
undocumented. It does not give Virginia police officers
the power to conduct immigration-related workplace sweeps or to treat
Virginia’s innocent, hardworking immigrants any differently than
native-born
Virginians. This new law should only
impact criminals who have been convicted of a felony, ordered to leave
the
country, AND who are not lawfully present in the United States.
Virginia law enforcement officers can detain
without arrest warrants only the very small number of people who meet
all three
criteria under this new, very limited law.
Although the language of the new
statute is limited, immigrant advocates are concerned that public or
police
misperception regarding the scope of the new law or inconsistent
implementation
by law enforcement agencies will result in biased policing and prevent
immigrant communities and law enforcement from developing and
preserving
relationships of trust. That is why
twenty or more organizations and individuals representing the full
diversity of
immigrant communities in Virginia have come together in an
unprecedented
statewide alliance to raise awareness about this important public
safety issue
and to monitor the new law’s implementation.
The new alliance, called The
Virginia Alliance for Sensible Community Policing Efforts (VA-SCOPE),
held a
press conference on June 22nd to begin the process of educating the
public
regarding the narrow scope of this new law and to discuss its possible
adverse
effect on community policing efforts. VA-SCOPE members
believe the best way to
combat gang activity, drug trafficking, and terrorism (the stated
targets of
this new legislation) is through building trust and strong
relationships
between local law enforcement and the immigrant communities of
Virginia.
Virginia law enforcement has invested millions of dollars in sensible
community
policing efforts. VA-SCOPE wants to
work with law enforcement to ensure that these dollars are not wasted.
Most police departments in
Virginia appreciate the importance of community policing efforts and
the need
to build and maintain relationships of mutual respect with Virginia’s
immigrant
communities. Governor Warner has shown
leadership toward these goals by first advocating legislation in 2002
that
required implementation of compulsory training standards to ensure
sensitivity
to and awareness of cultural diversity among Virginia law enforcement
officers
(HB 1053, Melvin D-Portsmouth), and then appointing an Advisory Panel
on
Bias-Based Policing to oversee implementation of the anti-bias
legislation. Subsequently, he appointed
a task force to study crime in minority communities that heard
testimony about
immigration law enforcement issues at a recent hearing in Northern
Virginia and
is likely to address this issue in its final report.
VA-SCOPE says it will be working
actively to ensure that the same level of concern for cultural
diversity and
against bias-based policing is reflected in steps taken to implement
the new
law. One thing is clear. If law
enforcement agencies do not proceed with care, misunderstanding and
fear
regarding the new law could have a devastating impact on community
policing in
immigrant communities. This is an
outcome that no one concerned about safe neighborhoods, streets and
schools
should want. As Jorge Figueredo,
Co-Chair of the Virginia Coalition of Latino Organizations (VACOLAO),
said at
the VA-SCOPE press conference, “With more power comes more
responsibility. Now that this law has passed, the police
need to be even more careful how they use their power or they will lose
the
trust of the community.” 