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Providence police union endorses immigration order

01:00 AM EDT on Thursday, April 10, 2008

By Gregory Smith

Journal Staff Writer

PROVIDENCE — The labor union that represents the city police has endorsed Governor Carcieri’s executive order on illegal immigration that urges state and local law enforcement officers to take steps to enforce federal immigration law.

The endorsement puts the Fraternal Order of Police, Lodge No. 3, at odds with Dean M. Esserman, the police chief, who has refused to implement Carcieri’s order.

Directive number 6 of the governor’s order, which was issued two weeks ago, states: “It is urged that all enforcement officials, including state and local law enforcement agencies, take steps to support the enforcement of federal immigration laws by investigating and determining the immigration status of all noncitizens taken into custody, incarcerated, or under investigation for any crime and notifying federal authorities of all illegal immigrants discovered as a result of such investigations.”

By a tally of 19 to 13, FOP members voted at a membership meeting Tuesday to support the governor and his executive order, according to Lt. Kenneth M. Cohen, FOP president, and Investigator Clarence Gough, FOP vice president.

Police officers are concerned that certain illegal immigrants pose a physical threat to law enforcers, Cohen said, and he pointed out that illegal immigrants have killed or maimed law enforcement officers across the nation. For example, Cohen noted that Brian Jackson, a native Rhode Islander who was a Dallas police officer, was murdered in 2005 by a Mexican national who was in the United States illegally.

The FOP members did not discuss how they could put their position into action, and Cohen pointed out that as employees of a Police Department that is a paramilitary organization, they must follow the chain of command and obey department regulations and policies.

He added, however, that the FOP executive board might discuss a request that the police brass put into writing what department members may do regarding the immigration status of individuals with whom they come into contact.

Esserman said it is department policy to notify the U.S. Bureau of Immigration and Customs Enforcement of the name of anyone that the department arrests and has arraigned on a criminal charge, but that he will not have the department proactively enforce immigration law or have department members go out of their way to look into individuals’ immigration status.

Esserman has said that he and other urban police chiefs are concerned that victims of crime and witnesses to crime who happen to be in the United States illegally will not cooperate with the police if cooperation will jeopardize their presence here.

When uniformed police officers approach individuals and ask them to identify and account for themselves, the approach is not based on an individual’s looks, accent, race or possible immigration status, Cohen and Gough said. But if someone is arrested, Gough said, it may be an appropriate part of an investigation to ascertain that person’s citizenship or immigration status.

“We’re sworn to enforce the law,” Cohen said.

gsmith@projo.com

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