There are differing views about the effect of a proposed technical change in Prince William County (web|news) 's immigration policy, the second revision to the crackdown since it was first implemented in March. (READ THE PROPOSED GENERAL ORDERS)
Under the proposed change, everyone arrested in Prince William County will have his or her name checked against a federal database of criminal aliens, even if there is no reason to believe the person is in this country illegally. Officers can also inquire about someone's immigration status before an arrest if there is "reasonable articulable suspicion".
"I think it's going to result in a lot more illegal immigration checks in the county," said Corey Stewart, the chairman of the county's Board of Supervisors and the architect of the crackdown.
In the first draft of the crackdown, officers had the option of inquiring about a person's residency status whenever they had "probable cause" to suspect an immigration violation. The second version, approved in April, directed officers to question one's immigration status only after an arrest was made.
Prince William County police chief Charlie Deane immediately suspended the "probable cause" standard after it was passed in April, leading to a sharp decline in immigration inquiries.
A total of 265 people were questioned about their citizenship status since the crackdown went into effect March 3, 2008: 125 in March, 108 in April, and only 32 in May, after Chief Deane suspended the probable cause standard. (READ THE STATUS REPORT) One hundred thirty-eight of them were arrested; 66 were released without charges; and 59 were cited for minor offenses. Two were found to be in the country legally.
Stewart contends the new policy would result in a major change, allowing police to ask about status before an arrest, based on reasonable suspicion.
"Which is a lower standard, allows an officer to check immigration status more easily than before," said Stewart.
But Police Chief Charlie Deane doesn't see it the same way.
"Prior to physical arrest, I don't anticipate more inquiries than we had conducted in the past," said Police Chief Charlie Deane.
The policy is designed to protect the county against charges of racial profiling.
The proposed General Order prohibits police from arresting an illegal alien solely because of an immigration violation, or because of a civil deportation order. Instead, officers are instructed to fill out a form which will be forwarded to ICE.
Officers are also required to protect witnesses and crime victims, regardless of their legal status, under the proposed general order.
Roseanne Sciarrone has experience with the county's immigration crackdown. She says police confused her husband with another man they were investigating for stalking a local pool.
"He was pulled over because he's hispanic and he looked like another hispanic," she said.
Police checked his ID and let him go, but not before questioning his legal status.
"Well, it was humiliating because it happened in front of the school and we know people," said Sciarrone.
Residents like Gabrielle Schroeder said the policy shouldn't change. She liked when everyone stopped had to be asked their immigration status.
"It was hard for me to come here and to get my green card, and I don't think we should be paying for people who are here illegally," said Schroeder.
But others who say the county was too strict before believe change is good.
"I think the bottom line is the rights of the individual, the second way seems it would be much more fair," said Marty Magone.
Police estimated it would take one to two hours of training to get officers up to speed on the changed policy. The policy will be implemented when all officers are trained.
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