LOS ANGELES (By
William J. Bratton, Chief of Police, Los
Angeles Police Department)
October 29, 2009
―
On March 12, Juan Garcia, a 53-year-old
homeless man, was brutally murdered in
an alley off 9th and Alvarado streets in
the Westlake District, just west of
downtown Los Angeles.
At first, the police were stumped; there
were no known witnesses and few clues.
Then a 43-year-old undocumented
immigrant who witnessed the crime came
forward and told the homicide detectives
from the Rampart station what he saw.
Because of his help, a suspect was
identified and arrested a few days later
while hiding on skid row. Because the
witness was not afraid to contact the
police, an accused murderer was taken
off the streets, and we are all a little
bit safer. Stories like this are
repeated daily in Los Angeles.
Keeping America's neighborhoods safe
requires our police forces to have
the trust and help of everyone in
our communities. My nearly 40 years
in law enforcement, and my
experience as police commissioner in
Boston and New York City and as
chief in Los Angeles, have taught me
this.
Yet every day our effectiveness is
diminished because immigrants living
and working in our communities are
afraid to have any contact with the
police. A person reporting a crime
should never fear being deported,
but such fears are real and palpable
for many of our immigrant neighbors.
This fear is not unfounded. Earlier
this month, Homeland Security
Secretary Janet Napolitano announced
that 11 more locations across the
United States have agreed to
participate in a controversial law
enforcement program known as 287(g).
The program gives local law
enforcement agencies the powers of
federal immigration agents by
entering into agreements with
Homeland Security's Immigration and
Customs Enforcement, or ICE.
Although many local agencies have
declined to participate in 287(g),
67 state and local law enforcement
agencies are working with ICE,
acting as immigration agents.
Some in Los Angeles have asked why
the LAPD doesn't participate. My
officers can't prevent or solve
crimes if victims or witnesses are
unwilling to talk to us because of
the fear of being deported. That
basic fact led to the implementation
almost 30 years ago of the LAPD's
policy on immigrants, which has come
to be known as Special Order 40.
The order prohibits LAPD officers
from initiating contact with someone
solely to determine whether they are
in the country legally. The
philosophy that underlies that
policy is simple: Criminals are the
biggest benefactors when immigrants
fear the police. We can't solve
crimes that aren't reported because
the victims are afraid to come
forward to the police.
The idea of engaging all members of
the public in reporting crime and
identifying criminals not only helps
us with short- and medium-term goals
of reducing crime; it helps improve
relations with community members.
We all have an interest in helping
our young people develop into
healthy, educated and law-abiding
adults. Breeding fear and distrust
of authority among some of our
children could increase rates of
crime, violence and disorder as
those children grow up to become
fearful and distrustful adolescents
and adults. That is why the Los
Angeles Police Department has not
participated in 287(g) and the
federal government is not pressuring
the department to do so.
Americans want a solution to our
immigration dilemma, as do law
enforcement officials across this
nation. But the solution isn't
turning every local police
department into an arm of
Immigration and Customs Enforcement.
The Police Foundation published a
report in April titled "The Role of
Local Police: Striking a Balance
Between Immigration Enforcement and
Civil Liberties." The report
confirms that when local police
enforce immigration laws, it
undermines their core public safety
mission, diverts scarce resources,
increases their exposure to
liability and litigation, and
exacerbates fear in communities that
are already distrustful of police.
The report concluded that to
optimize public safety, the federal
government must enact comprehensive
immigration reform. As police chief
of one of the most diverse cities in
the United States, and possibly the
world, I agree.
As I leave my position as leader of
the LAPD, I will encourage my
successor to adopt the same rigid
attitude toward keeping Special
Order 40 and keeping the mission of
the men and women of the department
focused on community cooperation
instead of community alienation.
Working with victims and witnesses
of crimes closes cases faster and
protects all of our families by
getting criminals off the street.
We must pass immigration reform and
bring our neighbors out of the
shadows so they get the police
service they need and deserve. When
officers can speak freely with
victims and witnesses, it goes a
long way toward making every
American neighborhood much safer.
