Commentary
In Minnesota, immigration status is largely irrelevant
by Richard StanekArizona's pending immigration law is cutting-edge public policy adopted in a public safety environment that is unique, and very different from Minnesota's.
Elected officials in Arizona believe they have a looming public safety and economic crisis; they have the highest number of immigrants illegally crossing the U.S.-Mexico border, with an estimated 460,000 illegal aliens in the state in 2009.
Under Minnesota law, immigration status is largely irrelevant. Minnesota law enforcement officers don't inquire about immigration status. Immigrant status becomes an issue only during lawful criminal investigations or if an arrestee is booked into jail, when federal law requires us to verify status with the Immigration and Naturalization Service.
Under both federal and state law, those who may be here illegally are entitled to constitutional protections of due process and equal protection under the law. Minnesota law enforcement is dedicated to protecting and preserving the civil rights of all members of our community. In the Hennepin County Sheriff's Office, we are committed to "community-oriented policing" -- working to build trusting relationships with all of the residents and visitors in our communities, regardless of their legal status. We regularly conduct roundtable policy discussions with a diverse group of community leaders; we provide extensive education and diversity training for our deputies, and our hiring policies are geared toward developing an agency that reflects the communities we serve.
In law enforcement, we encourage communication; we don't want residents to hesitate in contacting law enforcement if they are victims of crime, need our assistance, or have information about a crime or public safety incident. We can be much more effective when we work in partnership with those we serve.
Minnesota has a dozen or so "Sanctuary Cities" with "don't ask, don't tell" mandates to prohibit police officers from asking about immigration status without criminal cause. In my view, these ordinances are simply political statements, and provide no additional legal protection to illegal immigrants than already currently provided under state and federal law.
Under current law, the United States grants legal permanent status by lottery to over 1 million new immigrants each year, more than any other country in the world. Each and every undocumented border crossing is a violation of federal immigration law; and while the state of Arizona has made many requests for federal enforcement and border patrols, to many the response has seemed inadequate.
Arizona law enforcement is divided on this new law. Many of the rank-and-file officers are supportive, in part because violent crime rates in Phoenix and Tucson are substantially higher than rates across the United States, according to a study of crime trends by Arizona State University. However, the Arizona Association of Chiefs of Police has been critical of the "attrition through enforcement" doctrine, calling implementation "problematic" in their official statement.
The chiefs have raised concerns about the conflict with their goals for community-oriented policing. They don't want illegal immigrants to fear police, or hesitate in contacting them when they are victims of a crime or have knowledge about one. The International Chiefs of Police Association has documented that "immigrants are more likely to be victimized than other members of the general population ... illegal immigrants are often afraid to report crime to local authorities, making them easy targets for those with criminal intentions." Their official position cites specific concerns about human trafficking and crimes against women. Looking at immigration from the perspective of crime and victimization suggests another level of complexity in enforcing the new Arizona law.
The Arizona law has already been amended, even before taking effect on July 28, 2010. I commend the chiefs for their work to improve the new law in three important ways:
The law was amended to clarify that police may only investigate immigration status in relation to a lawful stop, detention or arrest, and prosecutors may not investigate complaints based on race, color or national origin.
A violation is a misdemeanor. The penalty has been reduced to not more than $100, and incarceration for up to 20 days for first offenders (local law enforcement is required to contact federal officials to verify immigration status during incarceration).
Gov. Jan Brewer signed an executive order requiring additional law enforcement training to develop practices and protocols for implementation without racial profiling.
These are difficult and emerging issues, and this is very controversial public policy. At the end of the day, though, the folks who wear the badges are not the same people who make the laws -- they enforce the laws. The nation and the world are watching closely what happens in Arizona, as are Minnesota's peace officers and members of the law enforcement and immigrant communities.
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Rich Stanek is the Hennepin County sheriff.
Comments (28)
Folks whom are not citizen of this country do not deserve the right to due process...
How is Arizona's pending immigration law "cutting-edge public policy" when it mirrors existing Federal law that the Federal Government doesn't enforce because the relevant agencies are too limited by lack of personnel? IMHO, the immigration lottery needs to be eliminated and replaced with strict skills based criteria that also factors in unemployment in various industries. We shouldn't be letting in another million people a year when there are several million more Americans that are out of work.
Excellent article. Yes illegal immigration is a very big issue, and it has driven the crime rate in AZ.
But I think this law might accomplish the opposite of its goal. The fact is that not only are some illegals committing crimes, but many illegals are also the victims of crime or are witnesses to one. Police need for people/community to trust them in order to report a crime or give information on one.
Not to mention, that Hispanics who are here legally will be targeted based solely on the discretion of the officer. I am glad that this sheriff has the knowledge and compassion to see how AZ law would work against law enforcement.
Spoken like someone who is not facing the problem many other states have. Tennessee needs this law. The entire country needs its laws enforced and measures to staunch the flood pouring over our border.
" In law enforcement, we encourage communication" ... hopefully, illegals will call and report themselves.
Minnesota allows residents to select which laws they will obey. If this is the policy, maybe they should invite all the other lawbreakers to settle there as well. The other states will be better off and the Sheriff can have cordial relations with many more law breakers. If a drug dealer is robbed he need not be afraid to "report the crime".
Wow... I checked the map because I was not sure but there it was, Mexico was not on the boarder with Minnesota. How on earth can you possibly compare immigration problems in MN to AZ?
I think that this is the most retarded, uninformed stupidity I have read in a long time.
Time to boycott Minnesota.
AZ law has so many problems because it comes from racist and xenophobic ideologies. I hope the boycott unites everyone into stopping the senseless scapegoating of poor hardworking Latino families.
The law sounds perfect - all it really does is force illegals to become documented.
The writer wrote: "Under current law, the United States grants legal permanent status by lottery to over 1 million new immigrants each year".
THIS IS FALSE!!! PLEASE DO YOUR RESEARCH VERY WELL BEFORE BRINGING IT TO THE PUBLIC. THE ACTUAL FIGURE FOR THOSE WHO ARE GIVEN PERMANENT STATUS BY LOTTERY (Diversity Visa) IS 55 THOUSAND.
1 million immigrants through the green card lottery per year?
It's 50,000 plus direct family.
Mr. Baker from Morantown, WV... if you really understand geography, you would see that MN boarders Canada. Do you not understand that individuals also cross the boarder from that country?? Or just maybe immigrants travel to MN once they are in?? MN has a very large group of immigrants and the majority welcome them in our community. They only want a better life than where they were. Does that make it right for them to be here illegally? No, they should have to follow the process as all other immigrants who have taken the time to be in this county legally.
The statements by Sheriff Stanek are both the most reasonable and logical I've read so far. Thank you for explaining this issue from the civil law enforcement perspective. The more knowledge people have the better informed decisions the we will make. Regards.
Invasion - in·va·sion
By definition DOES NOT only mean by military force!
1. A large-scale onset of something injurious or harmful, such as a disease.
2. An intrusion or encroachment.
13 plus million (under estimated) illegals from Mexico is in fact by definition an invasion of out country.
Quit trying to be "Minnesota nice" and deal with the fact it is totally out of control. Support your countrymen in Arizona right or wrong they are trying to stem the flow of illegals into our great nation. We have no issues with legal immigrants and we welcome them with open arms. A crime is a crime and if our police do not enforce the law then who will? Can I break into your house and live there without you calling the police and having me arrested, NO! It is the same thing folks. If you don't think it is then I need your address so I can better myself on your back.
I am apalled at how so many people think illegal immigration is ok, I myself have been homeless and out of work and have tried getting food but got convicted of the so called homeless crime while I'm starving illegals collect a welfare check for themselves and all 50 of there kids ...f%$k the government
To be in this country illegally is a crime! However, the way Arizona has taken to resolve/stop this is not the right one to my understanding. Not only will legal aliens also be targeted, but if Mexicans planning to visit AZ as tourists steer clear, the consequences would be disastrous for the state. 24 million Mexicans visit the state annually contributing US$2.7 billion to a tourist industry of $18.5 billion there. They should think of this. Also, cheap labor would be hard to come by. Again, they are illegal and thus braking the law. The state, or the federal government should find a viable solution to this!
No, MN is not on the border ofAZ but it is a border state-- with Canada. MN gets its fair share of illegals from both borders. Which begs the question, how would a cop in Minnesota determine a reasonable suspicion that someone is illegal and demand their papers?
Weather is a factor rarely discussed in this problem. Probably 99 percent of illegal immigrants in Arizona are Mexicans. They don't like winter, snow and temperatures of -20, which is why the hope to live in Arizona, Texas, California or some other "warm" state.
I wonder if Minnesotans, having to suffer the consequences that the unemployment, crime, overload of public health and education, and the impact of all that on the state finances which illegal immigrants inflict on "warm" states, they would see things different.
I didn't know whether to laugh or scream when I read this statement. "They don't want illegal immigrants to fear police, or hesitate in contacting them when they are victims of a crime or have knowledge about one." Have knowledge of one? Really? Last time I checked, these people are committing a crime just by being here without permission.
Dear Chief Sleuths of the Great White North: your first investigative clue would be the title "ILLEGAL" immigrants.
You also might want to reread that oath you took. Look for the part that states that you have the option to completely and publically ignore laws that you don't agree with politically or might make your job more challenging. Can't find it? Me either.
I can think of a few laws on the books that I don't agree with and make my job more challenging. Does that mean I can just ignore those laws without legal consequences ? Yeah, I didn't think so.
This is the land of opportunity, not entitlement. Respect and honor the large number of immigrants who put in the effort and time to come to this great land legally every year instead of the shadow population who have chosen to not respect us.
Before yesterday you could have also argued "In Massachusetts, immigration status is largely irrelevant". That would have been before ICE, FBI, and local Massachusetts police arrested two illegal aliens in Massachusetts they believe helped finance the failed Times Square car bombing. It was only luck that the bomb did not go off killing hundreds of Americans. One of the men arrested yesterday had previously been ordered out of the country. Was that man still in Massachusetts supporting terrorism because Massachusetts also believes "immigration status is irrelevant"?
The writer of this article is a perfect example of a typical uninformed moron who does not reside in a border state and gets all of his information on illegal immigration from media outlets based in New York City. He would change his opinion quickly if he had live near the border where illegal immigration has increased crime, costs taxpayers billions annually (healthcare, welfare, & prisons). Illegal immigration has turned many parts of the southwest into third world ghettos.
I would like to correct the sheriff on one point. There are only 50,000 lottery immigrant visas given out every year and those are reserved for citizens of countries that have low levels of immigration in the US. The winner, if he/she finds a sponsor, can bring along their spouse and young children. The bulk of legal immigration is through family reunification and skilled worker visas. If you are sitting in Mexico and don't have a parent or a spouse who is a citizen or a green card holder, it is close to impossible to immigrate legally to the US.
What a lot of uninformed, idiotic comments. The AZ law is discriminatory; it drives a wedge between law enforcement and the community. It makes perfectly legal, born-in-the-USA people who might look different face extra scrutiny. It's intolerable and we must do everything to have this law repealed. If it takes federal action than so be it. Boycott AZ and everything from it.
"Folks whom are not citizen of this country do not deserve the right to due process...
Posted by jim schmiltz from omaha | May 14, 2010 5:42 AM"
Mr. Schmiltz, the Constitution of the United States guarantees the same rights of due process under the law to ALL, citizens or not, illegally here or not. The founding fathers had experienced a British legal system that made a mockery of due process, and one of their paramount principles in writing the documents that underpin our democracy was to make certain that did not happen in the United States of America. However, a constitutional amendment could accomplish your goal; good luck with that.
Dreadlocks for Dingoes sends your pets cut hair to the gulf coast!
As a nation, we are doing what we can to help with the recent oil spill in the Gulf. Dreadlocks for Dingoes, a local Minneapolis pet groomer, owned by Lisa Rojas, is donating saved hair for the manufacturing of "hair mats and booms". If you don't already know, hair has the wonderful property of absorbing oil very quickly and extremely efficiently. Your donated nylon stockings are used to create booms that can soak up and block the expansion of oil.
Any donated nylon stockings sent to the address below will be forwarded to the company that manufactures the "hair mats and stocking booms" to the gulf coast.
I want to thank all of you who have so kindly donated nylons and boxes for the oil clean up in the gulf. Keep them coming.
I also wanted to share a few statistics with you. Every year 2600 oil spills occur. 726 million gallons of oil are spilled annually and 363 million gallons are washed into the oceans. 50% of oil in our waterways is from people illegally dumping used motor oil and one quart of oil can contaminate one million gallons of drinking water.
300,000 pounds of hair and fur are cut daily.
The first step of cleaning up this catastrophic oil spill in the Gulf starts with you. Each and every one of you who brings their pet into Dreadlocks for Dingoes is helping in the most dramatic way. I am only as much help as you allow me to be. Your pet's hair is a valuable reusable natural resource that will not be discarded. You can contribute, in a huge way. Please call for an appointment and be a part of this world wide effort.
Dreadlocks for Dingoes/ Lisa Rojas
5410 Penn Ave S
Minneapolis, MN 55419
612-920-3992
The civil rights, according to the US constitution apply only to US citizens and residents in good standing. That is Convicted felons and non-legal residents do not get to enjoy the benefits of those rights!!
Our US government could make significant improvements in legal immigration (esp. with Mexico and Central American citizens) as follows;
A solution to the Mexico illegals could be to have a list of jobs where workers are needed provided to the Mexican gov't, or at the border. Mexicans can then sign in for a limited time to work legally. At the end of that job or scheduled time they must return to Mexico and sign up for future jobs. They will then be paid decent wages, and their employer will be responsible notifying ICE of their work and when its completed. The employer will also be responsible for work related injuries.
Didn't former Minneapolis Police Chief state that Minnesota didn't have a gang problem?
How high has violent crime gone up because of gangs Mr. Stanek?
and you propheticly declare Minnesota has no illgal immigration problem. Check your own jail's booking statistics.
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