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OPINION

Editorial: Taser policy must be uniform

Thursday, August 13, 2009
(Updated 3:00 am)

Guilford County Sheriff BJ Barnes won’t give up Tasers for the 287(g) program. And he shouldn’t have to.

The 287(g) agreement will give the Sheriff’s Office access to U.S. Immigration and Customs Enforcement databases, allowing much faster identification of illegal immigrant detainees who may be wanted on serious criminal charges in other jurisdictions. If they are, they could be turned over to federal authorities for prosecution elsewhere or deportation proceedings.

The problem is that a Department of Homeland Security policy prohibits the use of Tasers on immigration detainees. Guilford County detention officers are equipped with the electronic stun guns in the Greensboro and High Point jails. Barnes says in some situations they’re more effective, and safer, than using pepper spray. Tasers are rarely employed, he added, because just the threat of using them is often sufficient to put an end to disruptive behavior.

“The Taser has been a very good tool for us, as dogs have been,” Barnes said this week.

That “tool” can’t be available for use against some prisoners but not others, said Barnes, adding he’ll drop 287(g) participation if federal officials strictly enforce the Taser ban. He thinks they won’t, but he should find out for sure at a meeting later this month.

The policy is puzzling in its selectivity. It doesn’t apply to other federal prisoners who are held occasionally in Guilford County jails. And it won’t apply to the same immigrant inmates who still may be detained in the jail if Barnes drops the 287(g) program.

The new administration in Washington has shifted the emphasis of 287(g) to make sure it isn’t used by local law-enforcement agencies to round up illegal immigrants. Barnes pledges his department will use it only to help identify individuals who are brought to the jail after committing offenses. Those facing minor charges, and not wanted elsewhere, will have the chance to “post bond and go on their way,” the sheriff said.

Those who remain in custody, however, should be subject to the same rules and security procedures as everyone else in jail.
 

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Interested

August 13, 2009 - 8:34 am EDT

Clearly, the federal government fears some law enforcement units will potentially abuse illegal immigrant detainees. So the reasoning behind the selectivity should not be puzzling at all. What is puzzling is how they think this policy can realistically be carried out. LE officers cannot realistically determine who is being held on what charge and still keep themselves and others out of harms way in the "heat of battle." Out of curiosity, are there restrictions on the use of other methods of restraint? If there are not, then sheriffs will have to choose between an alternative method or participating in the program. Washington's stipulations for this program are akin to DUI restrictions that must be complied with to receive highway funds. It is their game; if we want to play, we have to play by their rules.

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