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OPINION

Doug Clark: Focus on illegal immigrants and crime

Wednesday, March 31, 2010
(Updated 3:00 am)

The infamous 287(g) program more often grabs illegal immigrants who commit traffic offenses than felonies, a new study by UNC-Chapel Hill researchers finds.

That wasn't the original purpose, say Mai Thi Nguyen and Hannah Gill, who produced their report for The Latino Migration Project.

The federal Department of Homeland Security says 287(g) -- a section of a 1996 immigration law -- is meant to target violent and serious crimes, not civil immigration violations. It allows local law-enforcement agencies, after certification and training of selected officers, to quickly check the identity, criminal history and immigration status of detained individuals and initiate deportation proceedings if appropriate.

The overall objective was to make communities safer.

Eight North Carolina counties, plus the city of Durham, participate in the program. The number includes Guilford County, which only concentrates on major crimes, Sheriff BJ Barnes said Monday. Nguyen and Gill evaluated the impact in Alamance, Cabarrus, Gaston, Mecklenburg and Wake counties. Their analysis presents a skeptical view.

The sound bite is that "traffic violations far exceeded any other category of charges, representing 32.7 percent of the total charges." Of all the suspects booked through the 287(g) program, "only 13.3 percent were charged with felonies."

This information should force a re-evaluation of priorities. The authors note that it's expensive to operate the program because of the additional training for officers and jail space required to keep illegal immigrants once they're identified and slated for possible deportation. They question whether that's a wise use of public funds when so many of the offenders are only guilty of driving infractions. They have a point.

Sound bites never tell the whole story, however. The felons counted in this study, although only 13.3 percent of the total, represent more than 1,400 individuals. That's no small number of illegal immigrants arrested for serious crimes in just five counties over a study period of about two years. Even if the program casts too wide a net, it pulls in a lot of people we don't want in North Carolina.

Furthermore, the second-leading category of offense was driving while impaired -- 22.5 percent of the total, or more than 2,400 individuals.

The authors assert that, while DWI and other traffic offenses "affect public safety, they are not the serious and violent crimes for which the program is intended to target."

Intent aside, DWI is a serious threat to public safety, and deportation is not too harsh a response when the offender has no right to live in North Carolina and likely has no valid license, either.

On the subject of DWI, Nguyen and Gill fault the media and politicians. Citing the case of Ramiro Gallegos, who killed Gastonia high school teacher Scott Gardner while driving with a blood-alcohol content of 0.22, a revoked license and previous DWI convictions, the authors scold: "Rather than bringing attention to the larger social problem of drunk driving that is pervasive in all race and ethnic groups, the media attention surrounding this tragic event crystallized images of all unauthorized immigrants as dangerous, violent, and undeserving of any rights granted to citizens of the U.S. ... Motivated by this incident, U.S. Representative Sue Myrick introduced the Scott Gardner Act ... that would require mandatory deportation for unauthorized immigrants convicted of a DWI."

In fact, the media commonly highlight drunken-driving deaths committed by people of every race and ethnic origin. They're all outrageous and intolerable. When the offender is an illegal resident, and perhaps one who's been able to shield his real identity in the past, it's only logical to seek expulsion from the country once other punishment has been served.

The authors' research shows no correlation between the growth of immigrant communities in North Carolina and crime rates, dispelling claims that Hispanics, especially, commit more crimes than other groups. That doesn't surprise me, but it's beside the point. When an individual commits a crime, and a background check determines that he is not a legal resident, whatever his nationality, federal authorities should be alerted so that steps can be taken to remove him from the country.

It's not prudent to expend too much time and money trying to deport someone who committed a simple traffic violation, but consulting a federal data base might be the only way to find out whether he's wanted for a serious crime somewhere else. Checking is just good law enforcement.

Comments

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Get A Clue

March 31, 2010 - 3:20 am EDT

Personally, I don't care how an illegal alien is discovered to be here before that person is lawfully and rightfully deported.
When I visit another country I abide by their laws or I don't go. There are also laws to enter, stay and work in this country. I expect no less from anyone who wishes to enter the USA.
My heart aches and my wallet is thinner for the causes I support with respect to the plight of others. But I do not ever advocate or donate to causes which break the law. Period.

Voice of Reason

March 31, 2010 - 4:50 am EDT

I guarantee you the ratio of DWI's per number of drivers on the road is much, much higher among Hispanics verses other races.

Panacea

March 31, 2010 - 12:29 pm EDT

I would say immigrant Hispanics (legal or illegal), rather than Hispanics in general.

The culture towards drinking and driving is different in Mexico and other Latin American countries; they don't see it as the big deal we do, so they ignore the law. I'm not condoning it (far from it!), just explaining it.

That being said: come here illegally, get caught, then get sent home. The reason why you get caught is irrelevant. Yes the program in question was supposed to catch serious and violent criminals. That it also catches drunks and traffic scofflaws is a bonus, not a negative. Getting unsafe drivers off the roads saves lives and property.

Voice of Reason

March 31, 2010 - 1:52 pm EDT

Agreed. On a side note, does anyone know whether illegals will be able to receive Obama's new health care?

Get A Clue

March 31, 2010 - 10:07 pm EDT

Our President Obama specifically made sure this bill would not cover illegal aliens. You can look it up.

Mike Ekim

April 1, 2010 - 3:29 pm EDT

Yes, illegals will eventually be able to receive health care benefits, because the Supreme Court has ruled a while back that children of illegals were entitled to free education because it is a government program, and health care will be a government program. The rationality behind it is that the constitution says "persons" to be protected by the constitution not citizens, and the illegals are persons. So The One knew exactly what he was doing.

Estoban

March 31, 2010 - 1:44 pm EDT

Every illegal alien caught for any reason and deported is a win-win for Americans and the economy.

worker ant

April 1, 2010 - 1:24 am EDT

Head "em up. Move "em out.

Loyaltee

March 31, 2010 - 4:23 pm EDT

I would love to see if any of you would spew this hatred if your parents or grandparents were the constant focus of law enforcement for a broken tail lamp, forgetting to switch on your turning signal, or just because you look a certain way. The irony is that probably none of you are native to THIS land, but the people you’re speaking of ARE. Lastly, it’s hard to look past the fact that the same people post the same type of junk all the time. It seems to me you all hate everybody…why don’t YOU leave?

Get A Clue

March 31, 2010 - 10:06 pm EDT

My parents and grandparents obey the law. And if there were driving in a way that violated the law and got caught, they paid the fine. Just like law-abiding citizens do. If you have a problem with obeying our country's laws, expect to get caught and fined. And if you aren't a citizen, expect the opportunity to go back to the country you claim as native.
It's really that simple.

Estoban

April 1, 2010 - 6:47 am EDT

There are over 260 million 'naive born' Americans in this country!

DelawareBob

March 31, 2010 - 8:57 pm EDT

Every illegal alien in this Country is a CRIMINAL. Show me one who does not have a stolen identy, forged documents or a fake green card. Yes, show me one.

Illegal aliens are destroying this Country, and one would have to be almost blind not to see this. How much longer do we have to support these illegal aliens? How much longer do we have to school their illegal alien children? How much longer are we going to let them have our jobs? How much longer are we going to put up with all the crime, stolen identities, forged documents, fake green cards? How much longer are we going to allow these illegal aliens to send money out of this Country and bring our Country down? Oh, amnesty will correct all this. WRONG! Nothing will change except we wouldn't be able to call them illegal aliens any more. Let's get rid of these illegal aliens! Let's get them back to their own Country where they belong!

I'm from Delaware, and we are pressing to get the Oklahoma State Illegal Immigration Law, HB 1804, passed here in Delaware. Three years ago we had about 32,000 illegal aliens here. Today we have about 68,000 illegal aliens here. We have had it! We want our State back!

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