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One year later, it’s debatable whether Carcieri’s crackdown on illegal immigrants is working

02:58 PM EDT on Monday, March 30, 2009

By Karen Lee Ziner
Journal staff writer

One year ago today, Governor Carcieri announced that he was cracking down on illegal immigration. Frustrated with federal inaction, Carcieri issued an executive order to stem “an epidemic flow” of undocumented immigrants he said were draining state resources and bleeding taxpayers.

Supporters applauded and said his action was overdue. But the executive order touched off a firestorm. Religious leaders led protests. Dozens of angry people stormed the State House. Many people, clergy included, asked Carcieri to rescind his directive. He did not.

One year later, the initial uproar has subsided. The executive order remains in force.

Clarification

This story quotes Governor Carcieri as saying some members of a panel monitoring his executive order on immigration had been "intellectually dishonest." Carcieri made his remarks the Dan Yorke show on WPRO 630 Radio on Jan. 13

Whether it has worked is debatable. Carcieri supporters say it has had a deterrent effect. Advocates say it has spread fear throughout immigrant communities. And a key component has hit a snag.

State Rep. Peter G. Palumbo, D-Cranston, who has been pushing for several years for stricter enforcement of immigration laws, said the order has had “a very positive effect. I think the false sense of security illegal aliens had, due to the fact that no one was really pursuing them at the time, has been erased. So people are aware they’re being monitored.”

Terry Gorman, president of Rhode Islanders for Immigration Law Enforcement, said the order sends a signal “that spreads like wildfire” to illegal immigrants, “Hey we better be careful!” in Rhode Island.

But Steven Brown, executive director of the Rhode Island Affiliate of the American Civil Liberties Union, said the order’s “two major effects have been to promote divisiveness and fear.”

“In terms of divisiveness it only contributed to and raised the level of mean-spirited rancor that one finds on talk shows and elsewhere,” Brown said. He added that racial profiling has markedly increased since the order, including “many more complaints in the past year, by Latinos, who have been stopped for questionable traffic violations.”

When Carcieri issued his order, large-scale federal raids, including one at a New Bedford factory, had made illegal immigration a national flashpoint. Congress was wrestling unsuccessfully with immigration reform. And Rhode Island was facing a $350-million budget deficit. Carcieri said illegal immigrants were putting a “tremendous strain” on schools, hospitals, social services and law enforcement agencies.

The executive order’s two key points direct the state police and Department of Corrections to work with U.S. Immigration and Customs Enforcement “to ensure federal immigration law is enforced” and require state agencies and vendors to use the federal E-verify program to ensure the legal status of new hires.

However, a national backlog has indefinitely delayed Carcieri’s effort to deputize state troopers and correctional staff to help enforce federal immigration laws through the so-called 287(g) program. Meanwhile, ICE is rewriting program rules following a recent Government Accountability Office report that cited flaws and potential abuse.

The state police superintendent, Col. Brendan Doherty, said his department has applied for the four-week training “and we are just waiting.” He plans to have 8 or 10 troopers in strategic areas — such as the narcotics unit — participate.

“I understand there are potential unintended consequences, but I support the governor’s directive,” Doherty said. “I just think it’s important people know we understand the difficulties with this issue and take them very seriously. This is not an overzealous police department. This is not something we use as a reason to stop someone.”

The colonel said he has been working at building bridges with the immigrant community, “and they know they can come to me at any time.”

He also stressed that the state police act in cooperation with ICE and do not undertake immigration raids on their own.

“State police will not be raiding factories or neighborhoods in Olneyville or any other place where there may be a large immigrant community and where there may be illegals,” he said. “But we do support ICE. Whatever ICE’s initiatives are, if they ask for assistance we will assist them.”

Amy Kempe, spokeswoman for Carcieri, said about 3,200 state vendors are registered and complying with the E-Verify program. No vendors have been dropped for not using the program, she said, but some bidders have been disqualified. She said 828 new state hires have been screened since E-Verify has been used.

Kempe said the administration can’t say whether the order has saved any money, which she said “was never based on fiscal incentives. It was about following the immigration laws that are on the books, absent of a national immigration policy.”

The governor declined several requests from The Journal for an interview.

“We’re really focused on the budget and the economy, and getting these issues taken care of,” said Kempe.

Shortly after Carcieri issued the executive order, he met with Roman Catholic Bishop Thomas J. Tobin, Rabbi Alan Flam and the Rev. Donald C. Anderson, executive minister of the Rhode Island State Council of Churches, who had called on him to rescind –– or at least rethink –– his order. Instead, Carcieri created a 27-member advisory commission that included the three clergymen.

In January, after holding listening sessions at churches around the state, the group concluded the order has sent “an overriding sense of fear” through the immigrant community, exacerbated racial tensions, and created “a heightened perception that Rhode Island — and its governor — are anti-immigrant.”

In response, Carcieri — on talk radio — said the panel “has sort of lost its way” and called some panel members “intellectually dishonest.” The panel has been trying since January to meet with him, without success. Reverend Anderson called Carcieri’s remarks “unfortunate.”

“Over and over again in this report, it uses the word ‘fear,’ he said. “This hasn’t died. It will stay alive and until we have some comprehensive [federal] immigration reform, and there are some of us who are not going to go away. We’re trying to bring honest discussion about real issues in a civil manner … trying to bring light to the subject and not anger and confusion.”

Said Bishop Tobin: “From my perspective, the only thing [the executive order] really accomplished is to create a certain amount of anger and division across the state, and a certain amount of anxiety … for those with documents and without.” He noted that while so many have blamed economic problems on illegal immigrants, “since the governor’s crackdown the economy has gotten even worse. It certainly did not help our economy.”

Bishop Tobin praised Carcieri as “a good man, and a very compassionate man.” But he suggested that rather than just reading the panel’s report, “it would be encouraging” if the governor worked at being more in touch with the immigrant community — in person. “It wouldn’t hurt,” he said “to be more present.”Status report

Here’s where things stand

on key elements of the

governor’s executive order:

•Immigration enforcement training for state police and corrections department: On hold

•Voluntary early parole and deportation of nonviolent criminal illegal immigrants: None eligible to date

•Notification to victims of identity theft at state

agencies: Could not be determined

•E-Verify screening of new executive branch hires: Under way

•Mandatory use of E-Verify program by state vendors: Under way

kziner@projo.com

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