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Los Angeles police sued for not seeking suspects’ immigration status

By PETER PRENGAMAN, Associated Press Writer

LOS ANGELES — Opponents of illegal immigration sued the Los Angeles Police Department, taking aim at its long-standing “don’t ask, don’t tell” policy regarding suspects’ immigration status.

The lawsuit filed Wednesday wants to force police to tell U.S. immigration officials when illegal immigrants are arrested on drug charges.

Department policy prohibits officers from asking about suspects’ immigration status, a stance strongly supported by Police Chief Chief William Bratton and Mayor Antonio Villaraigosa.

The policy has become a mainstay of police departments across the United States. Supporters argue that if police start enforcing immigration law, immigrants _ legal or otherwise _ will not report crimes or help police in investigations.

“Without trust, the community is not willing to partner with us in reporting or solving crimes,” said police spokeswoman Mary Grady.

Lawyer David Klehm said the suit was brought on behalf of unidentified police officers who are afraid to speak out but argue the policy creates a situation where the same illegal immigrants are repeatedly arrested when they could be deported.

“This is being done at the request of the police officers,” Klehm said. “Everyone I spoke to told me their hands were tied with this policy.” Klehm, an anti-illegal immigration activist, filed a similar lawsuit against the San Jose Police Department a few weeks ago.

The suit is based on a section of the state’s Health and Safety Code, which states that in drug cases involving a non-citizen, “the arresting agency shall notify the appropriate agency of the United States having charge of deportation.”

Bratton argued the department did not have the resources to work as immigration agents.

Illegal immigration “is a federal crime, and there are so many illegal immigrants here,” Bratton told KCAL-TV. “I’m lucky I have enough resources to deal with traditional crime, let alone federal immigration policy.”

Los Angeles police officers do not ask immigration status in the course of interviewing victims, witnesses and suspects, and do not arrest someone based on being in the country illegally.

If an officer learns a suspect is undocumented, in some cases the policy allows the department to turn the information over to immigration officials. Those cases include gang members who have been previously deported and suspects arrested for a felony or multiple misdemeanors