Use police to vet immigrants? Not if it disrupts crime-fighting

EDITORIAL | Globe Editorial

June 08, 2011

IN OPPOSING the federal program to use state police to check the immigration status of people who are arrested, and then supporting it, and then opposing it again, Governor Patrick has seemed anguished and indecisive. In an odd way, it’s an appropriate stance.

There’s nothing wrong with making sure suspected criminals who are also illegal immigrants get deported rather than linger in jail; but using state and local police as de facto immigration agents can get in the way of crime-fighting. It can breed distrust between police and the communities they serve and rely on for tips and cooperation.

It’s still an open question whether the federal program known as Secure Communities, which is backed by President Obama’s Department of Homeland Security, enhances law enforcement or hinders it. While state Public Safety Secretary Mary Heffernan suggests that most people deported under the program are not criminals, Boston Police Commissioner Edward Davis, who leads the one Massachusetts police department that already participates in the federal program, says otherwise. But Davis and Mayor Menino have wisely promised to review all the cases, and to withdraw from the program if it turns out that non-criminals are being deported. Illinois and New York have recently withdrawn from the program after similar reviews.

But pulling out may turn out to be more difficult than is commonly believed. The Globe reported yesterday that Homeland Security, after having sent some confusing signals, intends to force all states, including Massachusetts, to give federal immigration officials access to its reports on people who are arrested.

This sounds like a recipe for legal challenges, which would be embarrassing to all involved, from Patrick and his friend Obama to Menino and Davis, assuming they’re caught in the middle. Far better for all involved to seek a workable compromise under which those arrested for major crimes also get checked for immigration violations, while those whose contact with the police is more incidental, and who aren’t facing serious criminal charges, are treated under normal procedures.

Patrick is clearly right that if immigrant communities come to view the police as immigration authorities, there will be a sharp drop in cooperation. Crimes won’t be reported. Victims will suffer needlessly. And perpetrators will go free.

Police should do all they can to aid federal authorities, as long as it doesn’t interfere with crime-fighting. Whether the Secure Communities program is respectful enough of the mission of state and local police is something Patrick, Menino, Davis, and the federal Homeland Security department have to work a little harder to determine.

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