By Ginny LaRoe
The Arkansas Democrat-Gazette
SPRINGDALE, Ark. — Springdale police officers training to enforce immigration laws as part of a federal program will work undercover - a shift in the city’s initial plan to inquire about immigration status only after suspects are in custody.
The Springdale Police Department is one of four Northwest Arkansas agencies awaiting approval for participation in the program, which gives local officers authority to investigate illegal aliens for federal prosecution and deportation. All four agencies sent officers to Boston this week to begin five weeks of training.
Springdale originally said it would use a “detention model,” where officers would inquire about a suspect’s immigration status only after arrest.
If approved for the program, the department now would target illegal immigrants engaged in drug and human trafficking, document fraud, and other crimes, according to a draft of a task force agreement obtained by the Arkansas Democrat-Gazette under a Freedom of Information Act request.
Officers would “disrupt the criminal activity committed by illegal immigrants” by “immobilizing” gangs and other criminal groups.
The draft agreement, dated Monday, has been submitted to U.S. Immigration and Customs Enforcement for final approval.
“We have moved away from original detention model and now hope to be operating under a pure task force model,” Springdale Police Chief Kathy O’Kelley said Wednesday.
She declined to release any other details or comment on the proposal until the agreement is finalized.
The five Springdale officers are among 19 jailers and investigators from the Benton County sheriff’s office, Washington County sheriff’s office and Rogers Police Department training in the program.
The program, known as 287(g), is a provision in the 1996 Immigration and Nationality Act.
Details of how the agencies ultimately will implement the program haven’t been released, but only Springdale indicated its officers will work undercover.
The move away from the detention model alarmed some Hispanic leaders and rights advocates who worry about racial profiling and other problems between Hispanics and police.
“We did support it [participation in the immigration program] because we feel like everyone else: The criminals should be taken off the street no matter what color they are,” said Hilda Gomez, president of the Northwest Arkansas chapter of the Arkansas League of United Latin American Citizens.
Now, she said, “It’s totally different.” “We’re really hoping they don’t get the money,” Gomez said.
Ana Hart, a member of a Springdale task force of Hispanic leaders that was convened to talk about the program, said she supports the plan. She was aware the officers would be undercover, and said it is crucial to investigate the city’s crimes.
“In Springdale, they are going to be dealing with serious crimes that are related to human trafficking and drugs, and that type of enforcement requires undercover identities for them to be able to do their job properly,” she said. “We have been in communication, and we understand the strategy of the chief.” Last week, the Democrat-Gazette requested the names of all 19 officers. Springdale was the only agency to deny the request, saying it was an “invasion of privacy” and it “could well endanger their lives or their family.” On Tuesday, O’Kelley designated those officers as undercover.
Rogers withheld the name of one officer who previously had been working undercover.
“We think everything related to the administration of the program should be open to public concern,” said Holly Dickson, staff attorney for the ACLU of Arkansas, which has asked each law enforcement agency to release all documents pertaining to the program under the state’s open records laws. “This impedes the public right to a lot of information.” When Springdale joined other area law enforcement agencies in seeking federal approval, O’Kelley argued against a task force model.
It can “have a ‘chilling effect’ on the legal immigrants’ cooperation with state and local law enforcement in criminal matters,” she wrote in an April letter to the Springdale City Council.
Also, the detention model is “least intrusive” on the legal immigrant community and minimizes the opportunity for allegations of racial profile, O’Kelley wrote.
She declined to comment Wednesday on whether the new task force model is different, saying she’ll offer more details after the agreement is finalized.
While a task force model is not unusual, Richard Rocha, an Immigration and Customs Enforcement spokesman, said 287(g) programs don’t typically include distinct undercover aspects.
But he said agencies design programs to meet their individual needs.
There are 26 similar programs nationwide. Rogers was the first law enforcement agency in Arkansas to seek acceptance into the program.
Northwest Arkansas has seen tremendous growth in the Hispanic population in recent years, which now accounts for around 33 percent in Springdale, and around 31 percent in Rogers. Hispanics account for only about 5 percent of the statewide population.
State and local officials have said they do not know exactly how many of those immigrants entered the country illegally, or what percentage of crimes can be attributed to illegal aliens.
Copyright 2007 Little Rock Newspapers Inc.