[ {"id":"91ba11a5-3076-5510-89bb-d7367f91d920","type":"article","starttime":"1418094000","starttime_iso8601":"2014-12-08T20:00:00-07:00","lastupdated":"1443560209","priority":45,"sections":[{"border":"news/local/border"}],"flags":{"web_only":"true"},"application":"editorial","title":"Councilman: Tucson should honor Obama's immigration priorities","url":"http://tucson.com/news/local/border/article_91ba11a5-3076-5510-89bb-d7367f91d920.html","permalink":"http://tucson.com/news/local/border/councilman-tucson-should-honor-obama-s-immigration-priorities/article_91ba11a5-3076-5510-89bb-d7367f91d920.html","canonical":"http://tucson.com/news/local/border/councilman-tucson-should-honor-obama-s-immigration-priorities/article_91ba11a5-3076-5510-89bb-d7367f91d920.html","relatedAssetCounts":{"article":0,"audio":0,"image":0,"link":0,"vmix":0,"youtube":0,"gallery":0},"byline":"By Perla Trevizo \nArizona Daily Star","prologue":"Police shouldn't call in most long-term undocumented residents, Steve Kozachik says.","supportsComments":true,"commentCount":0,"keywords":["tucson police department","tucson","united states border patrol","u.s. immigration and customs enforcement","illegal immigration to the united states","immigration law","sb 1070"],"internalKeywords":["#topread","#latest","#watchdog","#top5","#toptwo","#sb1070"],"customProperties":{},"revision":16,"commentID":"91ba11a5-3076-5510-89bb-d7367f91d920","body":"

Tucson should change its policies to reflect President Obama\u2019s recent executive action setting new priorities for immigration enforcement, City Councilman Steve Kozachik says.

But it\u2019s too early to tell whether Obama\u2019s priorities, set to go into effect on Jan. 5, 2015, will affect the implementation of state laws such as SB 1070.

On Nov. 20, Obama announced a sweeping plan to protect from deportation an estimated 4 million people who have been living in the United States for several years without authorization. The same day, the Department of Homeland Security, citing limited resources, issued new guidance on who is a priority for deportation, including which people agents and officers should stop, question and arrest, and which people they should detain or release.

The Homeland Security guidelines encourage officers to \u201cexercise such discretion as early in the case or proceeding as possible\u201d in order to put resources toward higher priorities, including deporting recent border crossers.

When it comes to people already booked, the administration is asking Immigration and Customs Enforcement to only transfer those in state or local custody if they belong in one of these groups:

If ICE doesn\u2019t want to take custody of other migrants, Tucson Police \u201cshouldn\u2019t be calling, and the general orders should be changed to reflect that,\u201d Kozachik said.

SB 1070 requires police officers to ask for proof of immigration status if they have a reasonable suspicion that someone they stopped for some other reason is in the country illegally.

Because of an ongoing dispute over whether school resource officers can inquire about the legal status of students, the area\u2019s largest school district \u2014 Tucson Unified \u2014 has expressed concern about allowing such officers on school grounds.

If police stop calling immigration authorities in most instances, \u201cIt opens the doors for easing TUSD\u2019s concerns so we can get (officers) to their schools and begin healing the tensions of SB 1070,\u201d Kozachik said.

Now, in order to comply with SB 1070, Tucson City Attorney Mike Rankin said, the police department checks the status of everyone arrested prior to their release.

Officials are waiting for more information from the Department of Homeland Security before deciding if that should change.

\u201cWe essentially want to know whether our practice of calling or inquiring each time we do an arrest in the field interferes with their ability to prioritize their cases or not,\u201d he said.

The federal government hasn\u2019t issued any directives to local and state entities \u2014 and Muzaffar Chishti, director of the Migration Policy Institute\u2019s office at New York University School of Law, doubts it will.

\u201cThe local police will have to follow their own guidelines,\u201d he said. \u201cEven before this action was announced, many jurisdictions would not honor (immigration) detainers unless they followed any of their own priorities.\u201d

It works both ways. In March, a Star investigation found that less than half the people Arizona Department of Public Safety officers suspected were in the country illegally were picked up by immigration authorities or booked into jail, where status is routinely checked.

The new guidelines are meant for federal officers, not state officers, said Paul Bender, who teaches courses on U.S. and Arizona constitutional law at Arizona State University.

\u201cThe state should not try to enforce them one way or the other,\u201d he said. If they encounter someone who is undocumented, they should let the federal government know and let them decide what to do.

While the president\u2019s executive action has not changed SB 1070, it certainly has an impact, said Andy Silverman, who teaches immigration law at the University of Arizona.

\u201c1070 has been weakened in many ways, particularly by the courts,\u201d he said. \u201cNow, with both the executive order and the priorities set by the administration, it has really weakened it further.\u201d

It may not be a good use of police resources, he said, to hold someone who is a victim or a witness of a crime or who is stopped for a minor traffic offense if such people don\u2019t fit within the administration\u2019s priorities.

\u201cI would hope the priorities set up by the president would dictate or guide TPD in its decision of who they decide to contact immigration about and who they decide not to,\u201d Silverman said.

\u201cImmigration is still a federal issue, not a state issue.\u201d

"}, {"id":"ef2b18a9-76ac-525c-9e6e-3870638b2c02","type":"article","starttime":"1404284400","starttime_iso8601":"2014-07-02T00:00:00-07:00","lastupdated":"1471059874","priority":40,"sections":[{"police-beat":"news/blogs/police-beat"},{"local":"news/local"},{"crime":"news/local/crime"},{"border":"news/local/border"}],"flags":{"web_only":"true"},"application":"editorial","title":"ACLU files new SB 1070 claim against Tucson police","url":"http://tucson.com/news/blogs/police-beat/article_ef2b18a9-76ac-525c-9e6e-3870638b2c02.html","permalink":"http://tucson.com/news/blogs/police-beat/aclu-files-new-sb-claim-against-tucson-police/article_ef2b18a9-76ac-525c-9e6e-3870638b2c02.html","canonical":"http://tucson.com/news/blogs/police-beat/aclu-files-new-sb-claim-against-tucson-police/article_ef2b18a9-76ac-525c-9e6e-3870638b2c02.html","relatedAssetCounts":{"article":3,"audio":0,"image":0,"link":1,"vmix":0,"youtube":0,"gallery":0},"byline":"By Perla Trevizoand Carli Brosseau\nArizona Daily Star","prologue":"The claim alleges illegal detention, illegal search and racial profiling.","supportsComments":true,"commentCount":0,"keywords":["american civil liberties union","tucson","united states border patrol","tucson police department","border patrol","arizona sb 1070","law","criminal law","social issues","law_crime","illegal immigration to the united states","arizona sb","immigration detention","racial profiling","reasonable suspicion","aclu","reyes sepulveda","james lyall","dyanna hicks","driver","tucson police","police officer","kayla conyer","immigration law"],"internalKeywords":["#topread","#border","#sb1070","#toptwo","#latest","#free"],"customProperties":{},"links":[{"id":"f3721e41-84ee-590b-ad6d-00a2496247b3","type":"link","starttime":"1402936140","starttime_iso8601":"2014-06-16T09:29:00-07:00","lastupdated":"1473982214","flags":{"web_only":"true"},"application":"editorial","title":"More SB 1070 news","permalink":"http://tucson.com/special-section/sb1070/","canonical":"http://tucson.com/special-section/sb1070/","relatedAssetCounts":{"article":0,"audio":0,"image":0,"link":0,"vmix":0,"youtube":0,"gallery":0},"prologue":"","supportsComments":true,"commentCount":0,"keywords":["american civil liberties union","tucson","united states border patrol","tucson police department","border patrol","arizona sb 1070","law","criminal law","social issues","law_crime","illegal immigration to the united states","arizona sb","immigration detention","racial profiling","reasonable suspicion","aclu","reyes sepulveda","james lyall","dyanna hicks","driver","tucson police","police officer","kayla conyer","immigration law"],"internalKeywords":["#topread","#border","#sb1070","#toptwo","#latest","#free"],"customProperties":{},"revision":6,"url":"http://tucson.com/special-section/sb1070/"}],"revision":19,"commentID":"ef2b18a9-76ac-525c-9e6e-3870638b2c02","body":"

Tucson police illegally detained a man for about an hour only to turn him over to the Border Patrol, the American Civil Liberties Union says in a complaint.

In its second immigration-related notice of claim against the Tucson Police Department in less than four months, the ACLU alleges that the implementation of Arizona\u2019s SB 1070 law \u201ccontinues to result in the violation of people\u2019s constitutional rights.\u201d

The most contested section of SB 1070 that was not blocked by the courts requires local police to check the immigration status of someone they stop for another reason if they become suspicious the person may be in the country illegally. That part of the law, however, has been interpreted and applied in different ways by different departments. An Arizona Daily Star analysis found that agency practices vary widely.

The police report was not available Tuesday, but according to the claim sent that day, Jesus Reyes Sepulveda was driving on Campbell Avenue on Jan. 26 when a police officer pulled him over at about 11 p.m.

The officer didn\u2019t tell him why he was being stopped, the claim says, but asked for his driver\u2019s license, insurance and registration.

Reyes Sepulveda was driving on a suspended driver\u2019s license \u2014 a misdemeanor criminal offense \u2014 for unpaid traffic citations and expired insurance.

Officer Dyanna Hicks said he was going to be cited and released, and told him to call someone to pick him up since his vehicle would be towed, the claim said. But another officer, Kayla Conyer, called dispatchers to do an immigration check and, per their supervisor\u2019s direction, asked the Border Patrol to respond.

The ACLU alleges that Reyes Sepulveda\u2019s car was searched without his consent and that he was handcuffed and taken to a police station on South Park Avenue, where plainclothes Border Patrol agents picked him up.

Driving on a suspended driver\u2019s license is an offense for which the person can be arrested, even if he is cited and released. TPD Chief Roberto Villase\u00f1or interpreted SB 1070 to require an immigration check on everyone the department arrests, without the need to have reasonable suspicion the person is in the country illegally.

The ACLU said Reyes Sepulveda\u2019s detention was extended beyond the time reasonably needed to complete the original purpose of the stop.

\u201cThey could cite and release, and they indicated they were going to,\u201d said James Lyall, an ACLU attorney in Tucson. The decision to then transport him \u201cis extending the stop for the purposes of an immigration detention, and that is expressly prohibited.\u201d

Reyes Sepulveda would settle for $250,000 in addition to reasonable costs and attorney\u2019s fees, but he is willing to negotiate, Lyall said.

\u201cThis is a very common story in Southern Arizona, one that we encounter on a regular basis that raises serious constitutional concerns,\u201d he said.

Tucson has 60 days to respond. City attorneys did not immediately return calls Tuesday for comment.

A notice of claim is a precursor to a lawsuit against a government, and the ACLU still hasn\u2019t heard back on the first SB 1070-related claim it filed against the department, though the waiting period has lapsed. The ACLU is considering its options and hasn\u2019t ruled out litigation, Lyall said Tuesday.

In April, the group alleged that officers engaged in racial profiling and illegally detained two immigrants during an Oct. 8 traffic stop. The incident drew dozens of protesters in an impromptu effort to stop Border Patrol agents from taking the driver and passenger.

The ACLU\u2019s primary goal is to vindicate its clients\u2019 rights, Lyall said, but it also hopes to convince local governments that they can and should take steps to mitigate the harms of SB 1070.

Last month, South Tucson, the first city to be legally challenged for its implementation of the immigration law, reached a deal with the group.

Under the approved terms: Officers must receive training within 30 days; the city may contract with another agency for fingerprinting services so long as it agrees with the immigration policy\u2019s contact guidelines; the immigration policy must be widely available; and the complaint process must be \u201cclear and consistent and easily accessible to the public.\u201d

The South Tucson Police Department had been accused of racial profiling and the illegal detention of an immigrant-rights activist who was transported to the Border Patrol headquarters after he showed up at the scene of a domestic-violence investigation and did not leave immediately after an officer asked him to.

"}, {"id":"062f458a-dfea-11e3-b995-0019bb2963f4","type":"article","starttime":"1400568180","starttime_iso8601":"2014-05-19T23:43:00-07:00","lastupdated":"1400614290","priority":40,"sections":[{"border":"news/local/border"},{"ciudad":"laestrella/ciudad"}],"application":"editorial","title":"South Tucson, ACLU reach deal over SB 1070","url":"http://tucson.com/news/local/border/article_062f458a-dfea-11e3-b995-0019bb2963f4.html","permalink":"http://tucson.com/news/local/border/south-tucson-aclu-reach-deal-over-sb/article_062f458a-dfea-11e3-b995-0019bb2963f4.html","canonical":"http://tucson.com/news/local/border/south-tucson-aclu-reach-deal-over-sb/article_062f458a-dfea-11e3-b995-0019bb2963f4.html","relatedAssetCounts":{"article":0,"audio":0,"image":0,"link":1,"vmix":0,"youtube":0,"gallery":0},"byline":"By Carli Brosseau\nArizona Daily Star","prologue":"South Tucson reached a settlement over its immigration policies with the American Civil Liberties Union on Monday night. The city council voted unanimously to approve the agreement and a new immigration policy. Councilwoman Mary Soltero was absent. The deal was confirmed after a three-hour closed session and months of negotiations set off by a claim the ACLU filed against the city in November.","supportsComments":true,"commentCount":0,"keywords":["american civil liberties union","arizona sb","social issues","tucson","united states border patrol","alejandro valenzuela","aclu","immigration","arizona sb 1070","tucson arizona","border patrol","mary soltero","southside worker center","paul diaz","mayor","james lyall"],"internalKeywords":["#latest","#sb1070","#toptwo"],"customProperties":{},"links":[{"id":"119ca9e0-df9e-11e3-b419-0019bb2963f4","type":"link","starttime":"1400634000","starttime_iso8601":"2014-05-20T18:00:00-07:00","priority":50,"sections":[{"local":"news/local"}],"application":"editorial","title":"Form: What's your SB 1070 story?","permalink":"http://azstarnet.com/form-share-your-sb-story/html_35b989be-57ad-5dc4-8aa7-8f59006595a0.html","canonical":"http://azstarnet.com/form-share-your-sb-story/html_35b989be-57ad-5dc4-8aa7-8f59006595a0.html","relatedAssetCounts":{"article":0,"audio":0,"image":1,"link":0,"vmix":0,"youtube":0,"gallery":0},"prologue":"The Arizona Daily Star would like to hear from you about the impact of SB 1070, the Arizona law that requires police to check the immigration status of someone they stop if they suspect the person is in the country unlawfully. Reporters would like to document the effects as fully as possible, especially given the lack of complete law-enforcement records. To do that, we need your help. Have you or someone you know been affected? When you share your story, your personal information will be kept confidential.","supportsComments":true,"commentCount":0,"keywords":["american civil liberties union","arizona sb","social issues","tucson","united states border patrol","alejandro valenzuela","aclu","immigration","arizona sb 1070","tucson arizona","border patrol","mary soltero","southside worker center","paul diaz","mayor","james lyall"],"internalKeywords":["#latest","#sb1070","#toptwo"],"customProperties":{},"images":[{"id":"3de1f82e-ff56-5116-b34a-bdee519ffd81","description":"","byline":"","versions":{"full":{"type":"image/jpeg","width":"600","height":"400","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/3/de/3de1f82e-ff56-5116-b34a-bdee519ffd81/53780dd233b36.image.jpg?resize=600%2C400"},"100": {"type":"image/jpeg","width":"100","height":"66","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/3/de/3de1f82e-ff56-5116-b34a-bdee519ffd81/53780dd2cc876.preview-100.jpg"},"300": {"type":"image/jpeg","width":"300","height":"200","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/3/de/3de1f82e-ff56-5116-b34a-bdee519ffd81/53780dd2cd999.preview-300.jpg"},"1024":{"type":"image/jpeg","width":"1024","height":"682","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/3/de/3de1f82e-ff56-5116-b34a-bdee519ffd81/53780dd292d36.preview-1024.jpg"}}}],"revision":4,"url":"http://azstarnet.com/form-share-your-sb-story/html_35b989be-57ad-5dc4-8aa7-8f59006595a0.html"}],"revision":12,"commentID":"062f458a-dfea-11e3-b995-0019bb2963f4","body":"

South Tucson reached a settlement over its immigration policies with the American Civil Liberties Union on Monday night.

The city council voted unanimously to approve the agreement and a new immigration policy. Councilwoman Mary Soltero was absent.

The deal was confirmed after a three-hour closed session and months of negotiations set off by a claim the ACLU filed against the city in November.

The claim, a necessary precursor to suing a government, alleged racial profiling and the illegal detention of Alejandro Valenzuela, an immigrant-rights activist with the Southside Worker Center.

Police transported Valenzuela to the Border Patrol after he showed up to the scene of a domestic-violence investigation and did not leave immediately after an officer asked him. He was not charged with a crime and was released by the Border Patrol after presenting paperwork showing that he was eligible for the Deferred Action for Childhood Arrivals program.

Valenzuela, who attended Monday\u2019s meeting, received the news of the city\u2019s policy change with a small smile. \u201cIt\u2019s a start,\u201d he said. \u201cHopefully it motivates other cities to follow.\u201d

The agreement calls the policy \u201ca model Immigration Policy \u2026 for other cities and towns to follow suit.\u201d

Revised over the past week, it omits some of the more stringent requirements of the ACLU\u2019s initially proposed terms.

Among the items softened for approval were those related to training, complaint procedures and fingerprinting.

Under the approved terms, officers must receive training within 30 days; the city may contract with another agency for fingerprinting services so long as it agrees to the immigration policy\u2019s contact guidelines; the immigration policy must be widely available and the complaint process must be \u201cclear and consistent and easily accessible to the public.\u201d

\u201cWe traded ideas back and forth, and we came up with the best policy that we possibly could,\u201d said Mayor Paul Diaz. \u201cI think it (the policy) will be in place a long time.\u201d

ACLU attorney James Lyall agreed that the outcome was good. \u201cThe city has taken a really significant step in implementing this,\u201d he said. \u201c We really commend this city for recognizing that they are not powerless in the face of SB 1070 to put in place policies that are good for their community.\u201d

Meanwhile, the ACLU continues to litigate the constitutionality of the so-called \u201cshow me your papers\u201d provision of SB 1070. That section requires local law-enforcement officers to check the immigration status those they stop if they suspect the person is in the country illegally, though several other parts of the law have been blocked by the courts.

The ACLU has also pledged to file additional lawsuits against agencies it believes are improperly implementing SB 1070. South Tucson was the first municipality to receive a claim. The city of Tucson received one in April.

"}, {"id":"8bbc68a6-1e7f-5c9c-bdc5-273a76111e42","type":"article","starttime":"1400396400","starttime_iso8601":"2014-05-18T00:00:00-07:00","lastupdated":"1401492926","sections":[{"border":"news/local/border"},{"govt-and-politics":"news/local/govt-and-politics"}],"application":"editorial","title":"Share your SB 1070 story","url":"http://tucson.com/news/local/border/article_8bbc68a6-1e7f-5c9c-bdc5-273a76111e42.html","permalink":"http://tucson.com/news/local/border/share-your-sb-story/article_8bbc68a6-1e7f-5c9c-bdc5-273a76111e42.html","canonical":"http://tucson.com/news/local/border/share-your-sb-story/article_8bbc68a6-1e7f-5c9c-bdc5-273a76111e42.html","relatedAssetCounts":{"article":0,"audio":0,"image":1,"link":0,"vmix":0,"youtube":0,"gallery":0},"byline":"Arizona Daily Star","prologue":"The Arizona Daily Star would like to hear from you about the impact of SB 1070, the Arizona law that requires police to check the immigration status of someone they stop if they suspect they\u2019re in the country unlawfully. Reporters hope to document the effects as fully as possible, especially given the lack of complete law-enforcement records. To do that, we need your help.","supportsComments":true,"commentCount":0,"keywords":["sb 1070"],"internalKeywords":["#sb1070"],"customProperties":{},"images":[{"id":"3de1f82e-ff56-5116-b34a-bdee519ffd81","description":"","byline":"","versions":{"full":{"type":"image/jpeg","width":"600","height":"400","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/3/de/3de1f82e-ff56-5116-b34a-bdee519ffd81/53780dd233b36.image.jpg?resize=600%2C400"},"100": {"type":"image/jpeg","width":"100","height":"66","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/3/de/3de1f82e-ff56-5116-b34a-bdee519ffd81/53780dd2cc876.preview-100.jpg"},"300": {"type":"image/jpeg","width":"300","height":"200","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/3/de/3de1f82e-ff56-5116-b34a-bdee519ffd81/53780dd2cd999.preview-300.jpg"},"1024":{"type":"image/jpeg","width":"1024","height":"682","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/3/de/3de1f82e-ff56-5116-b34a-bdee519ffd81/53780dd292d36.preview-1024.jpg"}}}],"revision":19,"commentID":"8bbc68a6-1e7f-5c9c-bdc5-273a76111e42","body":"

The Arizona Daily Star would like to hear from you about the impact of SB 1070, the Arizona law that requires police to check the immigration status of someone they stop if they suspect they\u2019re in the country unlawfully.

Reporters hope to document the effects as fully as possible, especially given the lack of complete law-enforcement records. To do that, we need your help.

Have you or someone you know been affected? We\u2019ve created a form to collect that information, with versions in both English and Spanish. (Please see the related links.)

When you share your story, your personal information will be kept confidential. Reporters will use contact information only to verify information with you or to request your permission to tell an expanded version of your story.

For more information or to contact a reporter directly, email ptrevizo@azstarnet.com or cbrosseau@azstarnet.com.

You can read the Star\u2019s recent series on the law at azstarnet.com/sb1070.

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The South Tucson City Council has agreed to an overhaul of the police department\u2019s immigration policy in the months since the American Civil Liberties Union filed a claim over how the agency has implemented SB 1070.

But the council hesitated Monday night to accept the ACLU's proposed changes wholesale.

SB 1070, which took effect in 2012, requires law-enforcement officers to call immigration authorities when they suspect that someone they\u2019ve stopped for another reason is in the country illegally.

The ACLU submitted a notice of claim, which is required before suing a government, in November. It alleged racial profiling and the illegal detention of an immigrant-rights activist who was not charged with a crime under state law. As a remedy, it sought to change the policies by which officers carried out the state's signature immigration law.

South Tucson\u2019s new policy fulfills many of the recommendations the ACLU has made to Southern Arizona departments in how and when those immigration inquiries are made.

Among the changes it includes:

\u2022 An officer must radio in the reason for the initial stop and must check with a supervisor before calling immigration authorities, when possible.

\u2022 Officers are barred from considering race or ethnicity, lack of English fluency, accents, possession of foreign documentation, lack of identification, refusal or inability to provide a residential address, dress or the choice to remain silent as among the factors that contribute to a reasonable suspicion that a person is in the country illegally.

\u2022 When doing an immigration check, officers must call Immigration and Customs Enforcement, the immigration authority in the interior of the country, instead of Border Patrol, which enforced immigration law along the Border.

\u2022 The department will compile monthly stop statistics, and a form will be filled out with the details of each immigration inquiry that is made. Among the information to be recorded: the reason for the initial stop, the reason for the immigration inquiry, the time of supervisor approval, the time immigration authorities were contacted, how long it took to get a response from the agency, the time the stop was concluded, and whether the person was transferred to federal custody.

Although the council agreed to the rewritten policy, several members chafed at additional requirements included in a settlement offer the ACLU submitted about a week ago.

\u201cThey\u2019re telling us what to do,\u201d Councilman Ildefonso Green said at Monday's council meeting. \u201cThe ACLU is trying to implement a patchwork type legislation starting with the cities with small pockets. They\u2019re trying to legislate this type of thing by threat.\u201d

In addition to the policy changes, the proposed settlement would have the city add officer training, an online complaint system, a community board and community liaison, and would require the city to purchase or gain access to expensive fingerprinting equipment, according to summaries provided during the meeting.

\u201cWe were negotiating the policy,\u201d Councilwoman Vanessa Mendoza said. \u201cNow there\u2019s whole other sections in there that were not part of the policy.\u201d

\u201cWe want to work with them; we just don\u2019t want to be forced into budget problems,\u201d said Councilman Miguel Rojas.

The ACLU did not immediately reply to a request for comment.

The city attorney, Andrea de Castillo, who also has an independent immigration law practice, said she would bring the council\u2019s concerns back to the ACLU.

\u201cI\u2019ll tell them we are very excited about having an immigration policy that is a model for other cities, but there are concerns,\u201d she said.

"}, {"id":"16981bc7-f1fe-5b12-b9c9-bf5e7fd203a5","type":"article","starttime":"1396681200","starttime_iso8601":"2014-04-05T00:00:00-07:00","lastupdated":"1471059875","sections":[{"border":"news/local/border"}],"flags":{"web_only":"true"},"application":"editorial","title":"Racial profiling alleged in ACLU claim against Tucson Police Department","url":"http://tucson.com/news/local/border/article_16981bc7-f1fe-5b12-b9c9-bf5e7fd203a5.html","permalink":"http://tucson.com/news/local/border/racial-profiling-alleged-in-aclu-claim-against-tucson-police-department/article_16981bc7-f1fe-5b12-b9c9-bf5e7fd203a5.html","canonical":"http://tucson.com/news/local/border/racial-profiling-alleged-in-aclu-claim-against-tucson-police-department/article_16981bc7-f1fe-5b12-b9c9-bf5e7fd203a5.html","relatedAssetCounts":{"article":0,"audio":0,"image":0,"link":0,"vmix":0,"youtube":0,"gallery":0},"byline":"By Carli Brosseau and Perla Trevizo \nArizona Daily Star","prologue":"The promised string of legal challenges to how law-enforcement agencies are applying Arizona\u2019s immigration law, SB 1070, is under way. On Friday, the American Civil Liberties Union filed its second legal challenge, alleging civil-rights violations. The claim against the Tucson Police Department alleges that officers engaged in racial profiling and illegally detained two immigrants during an Oct. 8 traffic stop. The incident drew dozens of protesters in an impromptu effort to stop Border Patrol agents from taking the driver and passenger.","supportsComments":true,"commentCount":0,"keywords":["immigration","sb 1070","aclu"],"internalKeywords":["#latest","#sb1070","#free"],"customProperties":{},"revision":12,"commentID":"16981bc7-f1fe-5b12-b9c9-bf5e7fd203a5","body":"

The promised string of legal challenges to how law-enforcement agencies are applying Arizona\u2019s immigration law, SB 1070, is under way.

On Friday, the American Civil Liberties Union filed its second legal challenge, alleging civil-rights violations.

The claim against the Tucson Police Department alleges that officers engaged in racial profiling and illegally detained two immigrants during an Oct. 8 traffic stop. The incident drew dozens of protesters in an impromptu effort to stop Border Patrol agents from taking the driver and passenger.

Tucson City Attorney Mike Rankin said the city will evaluate the claim like any other it receives. He wouldn\u2019t comment further on pending legal action.

A claim is the first step in suing a government. The ACLU and the city of South Tucson are in negotiations after the first claim was filed against that city in November.

A provision of SB 1070 that took effect in September 2012 requires local law enforcement to try to check the immigration status of anyone they stop if they come to believe those suspects are in the country illegally.

Although it blocked several provisions, the U.S. Supreme Court allowed the so-called \u201cshow me your papers\u201d part to take effect because it found a \u201cbasic uncertainty\u201d about what it actually requires of law enforcement officers.

Since then, the ACLU has been monitoring local agencies\u2019 implementation because of worries that the law unconstitutionally allows illegal practices. The organization has received hundreds of calls from across the state, said Christine Sun, an attorney with the ACLU immigrants\u2019 rights project. \u201cWe anticipate we will be filing notices of claim and lawsuits on behalf of folks who have been adversely affected by SB 1070,\u201d Sun said.

A recent Arizona Daily Star analysis of thousands of records from 13 Southern Arizona law-enforcement agencies revealed a patchwork of immigration-enforcement policies and data so incomplete there\u2019s no way to determine how police are implementing the law or whether they are committing the systemic civil-rights violations opponents feared when the law was passed.

In the case that prompted Friday\u2019s claim, Agust\u00edn Reyes and Arturo Robles were stopped on Oct. 8 by a TPD officer near Southside Presbyterian Church, 317 W. 23rd St. The church has a long history of immigration-related activism.

Officer Fabian Vald\u00e9z noticed that the light on the license plate of the 1999 Ford van Reyes was driving was out near East 22nd Street and Herbert Avenue, a police report said.

He waited for \u201cseveral minutes\u201d after the van turned into a private parking lot and was about to resume patrolling when Reyes turned out in front of him.

Vald\u00e9z followed the van to West 22nd Street and South 10th Avenue, pulling it over near the church.

Reyes and Robles were unable to provide identification and refused to answer the officer\u2019s further questions, so Valdez contacted the Border Patrol to investigate their immigration status.

It is a misdemeanor under Arizona law to drive without a valid license. Police Chief Roberto Villase\u00f1or has interpreted SB 1070 to require an immigration status check during all arrests, even when a driver is cited and released.

\u201cThis is racial profiling, pure and simple,\u201d Sun said in a news release. \u201cMr. Reyes and Mr. Robles were detained for no other reason than for the police to look into their immigration status and call the Border Patrol. This type of harassment should not be tolerated.\u201d

Villase\u00f1or said in October that Reyes was not targeted based on his race, as the officer who cited him was also Hispanic.

Sun disputes that logic. \u201cI don\u2019t see anything about the officer\u2019s ethnicity that would somehow exempt him from a claim that he racially profiled Arturo and Agust\u00edn,\u201d she said.

Border Patrol agents took both men into custody and released them on bond days later. Reyes received a citation for a broken license-plate light and for driving without a license, which he paid in full, the release said. Robles was not charged with any violation.

\u201cAt that moment I felt so helpless,\u201d Reyes said in the release. \u201cIt\u2019s so difficult to be in that situation, because you assume the police are there to protect people. When this happened, I thought they would call the Border Patrol, and that\u2019s exactly what they did.\u201d

The city has 60 days to respond to the claim.

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After Arizona passed SB 1070 in 2010, it looked like many states would enact similar immigration laws.

\u201cWe thought everyone was going to follow Arizona. That was the expectation,\u201d said Muzaffar Chishti, director of the Migration Policy Institute\u2019s New York office.

In actuality, only a handful of states \u2014 Alabama, Utah, Indiana, Georgia and South Carolina \u2014 followed Arizona\u2019s direct lead. They\u2019ve all met a similar fate in the courts, starting with Arizona.

The Supreme Court struck down three of SB 1070\u2019s provisions in June 2012 but allowed passage of the most controversial part, which requires police to try to check the immigration status of people they have detained if they develop reasonable suspicion that the person is in the U.S. without authorization.

After a lull in 2012 as the nation waited for the U.S. Supreme Court ruling on the constitutionality of SB 1070, states again started passing immigration laws last year \u2014 but much of the new legislation is friendlier to illegal immigrants.

California, the state with the largest unauthorized immigrant population, last year became the first state that shares a border with Mexico to issue driver\u2019s licenses to people in this country illegally. Nine other states passed similar laws last year. And five states gave in-state tuition benefits to illegal immigrants, bringing the total number of states extending that benefit to 15.

Arizona has passed about a dozen immigration-related bills and resolutions since the governor signed the 2010 law, but they\u2019re far less sweeping than earlier efforts to constrain benefits and enhance enforcement against people without legal status.

So far this session, lawmakers have introduced more than 50 bills and resolutions related to immigration. They range from supporting \u201creasonable and humane principles for comprehensive immigration reform\u201d to making it a misdemeanor on first offense and a felony thereafter for any person in the country illegally to use a public resource, including driving on a public road.

\u201cThe aggressiveness of anti-immigration litigation, whether for political reasons or for pragmatic reasons, has diminished substantially,\u201d said professor Gabriel Chin, an immigration law professor at the University of California at Davis.

Some provisions of SB 1070 were part of a wave of anti-illegal immigration proposals that began with 2004\u2019s Proposition 200. That initiative required proof of citizenship to vote or to access public benefits not mandated by the federal government.

In the view of at least one legislator active in pushing those proposals, Arizona has now done all it can to reduce the effects of illegal immigration on the state.

\u201cIn Arizona, we\u2019ve really covered the whole gamut,\u201d said Rep. John Kavanagh, a Republican from Fountain Hills and prominent co-sponsor of SB 1070. \u201cWe did employer sanctions, we did 1070, we\u2019ve taken away benefits. There\u2019s not much left to do at the state level.\u201d

Higher courts have seen to that. Last March, the 9th U.S. Circuit Court of Appeals ruled that a portion of SB 1070 prohibiting the solicitation of day laborers by drivers is unconstitutional because it violates the right to free speech. In October, the judges blocked a part of the law intended to punish people who transport people they know to be in this country illegally on the grounds that it was unintelligible.

Courts also blocked many of the provisions of Alabama\u2019s immigration law, which went even further than SB 1070. It required schools to check the immigration status of K-12 students, and criminalized renting a home to someone without legal status. Major provisions of laws in Utah, Indiana, Georgia and South Carolina also were successfully challenged.

\u201cRegardless of people\u2019s policy views, legislators have to know that the Supreme Court has sent a pretty clear signal that there are severe limits on what states are allowed to do,\u201d Chin said.

Seven suits were filed immediately after SB 1070 passed, each charging that it was fundamentally impossible to implement in a way that didn\u2019t violate the U.S. Constitution.

And the legal challenges to SB 1070 are far from over.

The ACLU plans to launch a new round of legal action challenging how specific agencies have interpreted the law and filed a precursor document in the first of those \u2014 against South Tucson \u2014 in November.

"}, {"id":"93a3dd86-2c94-54fe-afde-fc6513858973","type":"article","starttime":"1394068620","starttime_iso8601":"2014-03-05T18:17:00-07:00","lastupdated":"1394125227","sections":[{"border":"news/local/border"}],"application":"editorial","title":"Tucson surpasses Phoenix in donations to defend SB 1070","url":"http://tucson.com/news/local/border/article_93a3dd86-2c94-54fe-afde-fc6513858973.html","permalink":"http://tucson.com/news/local/border/tucson-surpasses-phoenix-in-donations-to-defend-sb/article_93a3dd86-2c94-54fe-afde-fc6513858973.html","canonical":"http://tucson.com/news/local/border/tucson-surpasses-phoenix-in-donations-to-defend-sb/article_93a3dd86-2c94-54fe-afde-fc6513858973.html","relatedAssetCounts":{"article":2,"audio":0,"image":0,"link":2,"vmix":0,"youtube":0,"gallery":0},"byline":"Arizona Daily Star","prologue":"About 45,000 donations from every state in the country \u2014 and a handful from outside the United States \u2014 brought in $3.8 million to the legal-defense fund Gov. Jan Brewer created in 2010 to defend SB 1070. So far, the state has spent about $3.4 million of that, mostly in legal fees. Tucson surpassed Phoenix \u2014 which is three times bigger \u2014 in the number of donations made and the total amount given. There were 1,062 donations with a Tucson address, totaling $60,700, compared with 853 totaling $45,100 from Phoenix.","supportsComments":true,"commentCount":0,"keywords":["immigration","sb 1070"],"internalKeywords":["#sb1070"],"customProperties":{},"links":[{"id":"9db70a4d-f2e8-5b08-9565-01dccc63ab2f","type":"link","starttime":"1394089500","starttime_iso8601":"2014-03-06T00:05:00-07:00","lastupdated":"1473982214","sections":[{"local":"news/local"},{"border":"news/local/border"}],"flags":{"web_only":"true"},"application":"editorial","title":"Interactive: State of Confusion \u2022 Enforcement of immigration law varies widely \u2022 A Star investigation","permalink":"http://tappinn.com/view/page/p/130709/","canonical":"http://tappinn.com/view/page/p/130709/","relatedAssetCounts":{"article":0,"audio":0,"image":1,"link":0,"vmix":0,"youtube":0,"gallery":0},"prologue":"The Star's mobile interactive on the special investigation of SB 1070.","supportsComments":true,"commentCount":0,"keywords":["immigration","sb 1070"],"internalKeywords":["#sb1070"],"customProperties":{},"images":[{"id":"f7698896-d146-53ee-a4ee-1d8b1a0bf736","description":"","byline":"","versions":{"full":{"type":"image/png","width":"620","height":"101","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da20abb.image.png?resize=620%2C101"},"100": {"type":"image/png","width":"100","height":"16","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da847b6.preview-100.png"},"300": {"type":"image/png","width":"300","height":"49","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da86188.preview-300.png"},"1024":{"type":"image/png","width":"1024","height":"166","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da5a714.preview-1024.png"}}}],"revision":7,"url":"http://tappinn.com/view/page/p/130709/"},{"id":"1083d6dc-a4fc-11e3-803e-001a4bcf887a","type":"link","starttime":"1394088780","starttime_iso8601":"2014-03-05T23:53:00-07:00","lastupdated":"1458172365","sections":[{"news":"news"}],"application":"editorial","title":"Database: Donations to defend SB 1070","permalink":"http://azstarnet.com/donations-to-defend-sb/html_d07147f4-a4ed-11e3-96be-0019bb2963f4.html","canonical":"http://azstarnet.com/donations-to-defend-sb/html_d07147f4-a4ed-11e3-96be-0019bb2963f4.html","relatedAssetCounts":{"article":0,"audio":0,"image":0,"link":0,"vmix":0,"youtube":0,"gallery":0},"prologue":"Gov. Jan Brewer set up a fund to help cover the cost of defending SB 1070 after the bill passed in 2010. Since that, about $3.8 million in donations have flowed in, and $3.4 million has been spent, mostly on legal fees.\u00a0","supportsComments":true,"commentCount":0,"keywords":["immigration","sb 1070"],"internalKeywords":["#sb1070"],"customProperties":{},"revision":5,"url":"http://azstarnet.com/donations-to-defend-sb/html_d07147f4-a4ed-11e3-96be-0019bb2963f4.html"}],"revision":11,"commentID":"93a3dd86-2c94-54fe-afde-fc6513858973","body":"

About 45,000 donations from every state in the country \u2014 and a handful from outside the United States \u2014 brought in $3.8 million to the legal-defense fund Gov. Jan Brewer created in 2010 to defend SB 1070.

So far, the state has spent about $3.4 million of that, mostly in legal fees.

Tucson surpassed Phoenix \u2014 which is three times bigger \u2014 in the number of donations made and the total amount given. There were 1,062 donations with a Tucson address, totaling $60,700, compared with 853 totaling $45,100 from Phoenix.

\u201cIt\u2019s probably a function of people living closer to the border and being more inspired by the fear and rhetoric of Governor Brewer that makes everybody afraid of what\u2019s coming across the border,\u201d said Jason Ground, spokesman for the Pima County Democratic Party.

The numbers aren\u2019t surprising, he said, even though Tucsonans generally opposed the law.

The Pima County Republican Party referred questions to the SaddleBrooke Republican Club, which made a $700 donation. But its president, Dick Alford, hung up the phone on a Star reporter after declining to comment.

Most of the donations came from out of state. Only 15 percent came from Arizona. Large numbers came from California and Texas, and some came from as far away as Malaysia.

The top donor was Timothy Mellon, who contributed $1.5 million, from Wyoming.

He was followed by Joseph Van de Loo of Glendale, who donated $10,000.

And all of the other donors contributing more than $5,000 came from outside Arizona, including Pennsylvania, Florida and Michigan.

The average donation from Tucson and Phoenix was about $50.

How the money has been spent:

To explore the database, click here.

"}, {"id":"ae852e7c-2f49-5556-8e16-c8af645ee487","type":"article","starttime":"1394002800","starttime_iso8601":"2014-03-05T00:00:00-07:00","lastupdated":"1394125216","sections":[{"border":"news/local/border"}],"application":"editorial","title":"Economic dip coincides with SB 1070","url":"http://tucson.com/news/local/border/article_ae852e7c-2f49-5556-8e16-c8af645ee487.html","permalink":"http://tucson.com/news/local/border/economic-dip-coincides-with-sb/article_ae852e7c-2f49-5556-8e16-c8af645ee487.html","canonical":"http://tucson.com/news/local/border/economic-dip-coincides-with-sb/article_ae852e7c-2f49-5556-8e16-c8af645ee487.html","relatedAssetCounts":{"article":1,"audio":0,"image":1,"link":1,"vmix":0,"youtube":0,"gallery":0},"byline":"By Amer Taleb\nArizona Daily Star","prologue":"Arizona\u2019s controversial immigration law took effect when the state was in the worst part of the recession, so gauging the economic impact is no small task. Supporters of SB 1070, like bill co-sponsor Rep. John Kavanagh, a Republican from Fountain Hills, say people not authorized to live in this country drive down wages and take jobs from legal residents. So the loss of any residents, businesses or conventions that chose not to come to Arizona because of the law, they say, is offset by the higher wages legal residents are now earning for the low-paying jobs that laborers from south of the border used to take.","supportsComments":true,"commentCount":0,"keywords":["border","immigration","sb 1070"],"internalKeywords":["#sb1070","#watchdog","#topreads"],"customProperties":{},"images":[{"id":"22f42ff6-e6ab-5100-bdb0-4ba89e851b56","description":"Noemi Guti\u00e9rrez, left, shops in Nogales, Ariz., as Grisel Montijo rests with her covered 3-month-old, Leilani Ram\u00edrez. Both women are from Nogales, Sonora. Guti\u00e9rrez says more Mexican shoppers are returning to Arizona.","byline":"Ron Medvescek / Arizona Daily Star","versions":{"full":{"type":"image/jpeg","width":"620","height":"504","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/2/2f/22f42ff6-e6ab-5100-bdb0-4ba89e851b56/5316b1f0a5c25.image.jpg?resize=620%2C504"},"100": {"type":"image/jpeg","width":"100","height":"81","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/2/2f/22f42ff6-e6ab-5100-bdb0-4ba89e851b56/5316b1f14069a.preview-100.jpg"},"300": {"type":"image/jpeg","width":"300","height":"244","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/2/2f/22f42ff6-e6ab-5100-bdb0-4ba89e851b56/5316b1f143f4d.preview-300.jpg"},"1024":{"type":"image/jpeg","width":"1024","height":"832","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/2/2f/22f42ff6-e6ab-5100-bdb0-4ba89e851b56/5316b1f108281.preview-1024.jpg"}}}],"links":[{"id":"9db70a4d-f2e8-5b08-9565-01dccc63ab2f","type":"link","starttime":"1394089500","starttime_iso8601":"2014-03-06T00:05:00-07:00","lastupdated":"1473982214","sections":[{"local":"news/local"},{"border":"news/local/border"}],"flags":{"web_only":"true"},"application":"editorial","title":"Interactive: State of Confusion \u2022 Enforcement of immigration law varies widely \u2022 A Star investigation","permalink":"http://tappinn.com/view/page/p/130709/","canonical":"http://tappinn.com/view/page/p/130709/","relatedAssetCounts":{"article":0,"audio":0,"image":1,"link":0,"vmix":0,"youtube":0,"gallery":0},"prologue":"The Star's mobile interactive on the special investigation of SB 1070.","supportsComments":true,"commentCount":0,"keywords":["border","immigration","sb 1070"],"internalKeywords":["#sb1070","#watchdog","#topreads"],"customProperties":{},"images":[{"id":"f7698896-d146-53ee-a4ee-1d8b1a0bf736","description":"","byline":"","versions":{"full":{"type":"image/png","width":"620","height":"101","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da20abb.image.png?resize=620%2C101"},"100": {"type":"image/png","width":"100","height":"16","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da847b6.preview-100.png"},"300": {"type":"image/png","width":"300","height":"49","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da86188.preview-300.png"},"1024":{"type":"image/png","width":"1024","height":"166","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da5a714.preview-1024.png"}}}],"revision":7,"url":"http://tappinn.com/view/page/p/130709/"}],"revision":22,"commentID":"ae852e7c-2f49-5556-8e16-c8af645ee487","body":"

Arizona\u2019s controversial immigration law took effect when the state was in the worst part of the recession, so gauging the economic impact is no small task.

Supporters of SB 1070, like bill co-sponsor Rep. John Kavanagh, a Republican from Fountain Hills, say people not authorized to live in this country drive down wages and take jobs from legal residents. So the loss of any residents, businesses or conventions that chose not to come to Arizona because of the law, they say, is offset by the higher wages legal residents are now earning for the low-paying jobs that laborers from south of the border used to take.

But there\u2019s little evidence that the law boosted Arizona\u2019s already flagging economy.

\u201cDeportation isn\u2019t a ticket to economic prosperity,\u201d said David Berman, senior research fellow at the nonpartisan Morrison Institute for Public Policy. \u201cI don\u2019t think there\u2019s much doubt that this bill had very adverse effects.\u201d

SB 1070, signed by Gov. Jan Brewer in 2010, galvanized enough unease among business leaders that 61 of them signed a letter to the state Legislature in March 2011, cautioning against additional immigration legislation then under review. All five bills failed to pass.

The letter, which lists anti-SB 1070 boycotts and canceled contracts as effects of the polarizing law, was signed by representatives ranging from the tourism industry to PetSmart to Jim Click Automotive.

\u201cThere was a strong, unified feeling within the mainstream business community that the state had hit its theoretical limit in the area of immigration reform,\u201d said Glenn Hamer, the Arizona Chamber of Commerce CEO and president who helped craft the letter.

A report by the Center for American Progress, a left-leaning think tank, said the tourism sector lost 2,761 jobs and $253 million in economic output. The Cato Institute, a libertarian counterpart, said Arizona\u2019s agricultural and crop production employment dipped significantly, while simultaneously increasing in competitor states like California and New Mexico. The Cato report also factored in the 2007 Legal Arizona Workers Act, which prohibits employers from hiring people illegally and requires them to use a federal program to verify the status of new employees.

Kavanagh, noting the importance of ensuring that jobs in Arizona remain reserved for legal residents, said it would be misguided to view SB 1070 as solely a monetary issue.

\u201cIf that was the price of doing the right thing, of enforcing the law, then that\u2019s \u2026 the state of affairs,\u201d he said. \u201cI\u2019m not going to be held hostage by outside groups where, unless we disregard the law, they won\u2019t come here. You can\u2019t run a government like that.\u201d

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investigation","permalink":"http://tappinn.com/view/page/p/130709/","canonical":"http://tappinn.com/view/page/p/130709/","relatedAssetCounts":{"article":0,"audio":0,"image":1,"link":0,"vmix":0,"youtube":0,"gallery":0},"prologue":"The Star's mobile interactive on the special investigation of SB 1070.","supportsComments":true,"commentCount":0,"keywords":["sb 1070","immigration"],"internalKeywords":["#sb1070","#watchdog","#highlight","#latest"],"customProperties":{},"images":[{"id":"f7698896-d146-53ee-a4ee-1d8b1a0bf736","description":"","byline":"","versions":{"full":{"type":"image/png","width":"620","height":"101","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da20abb.image.png?resize=620%2C101"},"100": 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Law-enforcement officers along the border approached and detained people suspected of recently crossing into the country illegally even before Arizona\u2019s tough new immigration law.

One of SB 1070\u2019s most contentious provisions requires local officers to try to check legal status anytime they stop someone and then come to suspect that person is not authorized to be in the United States.

But in the last three years, Southern Arizona agencies called the Border Patrol in more than 80 cases when they didn\u2019t suspect a state or local offense \u2014 or at least none they recorded. And in a handful of reports, officers said they approached people for looking like a \u201cUDA,\u201d an undocumented alien.

The Arizona Daily Star reviewed immigration-related records from 13 area departments as part of its analysis of the impact of SB 1070. The stops that made no mention of a state or local offense took place both before and after the so-called \u201cshow me your papers\u201d provision took effect in September 2012 and happened most frequently in areas closest to the border.

Police chiefs and sheriffs defend \u201cconsensual contacts\u201d \u2014 engaging someone in a voluntary conversation \u2014 and sometimes using information from that contact as the basis for calling the Border Patrol. They say they don\u2019t specifically go after illegal immigrants and in many cases respond to border crossers lost in the desert.

Especially along the border, officers consider immigration referrals a professional courtesy to federal agents and a token acknowledgment of their interdependency.

Officers take an oath to uphold not only local laws, but also federal ones. It\u2019s their job to look for people and behaviors that seem out of place.

\u201cWe have a responsibility to be curious, and unfortunately, suspicious,\u201d Santa Cruz County Sheriff Tony Estrada said.

REASONS PEOPLE ARE STOPPED

It is illegal for police to stop someone based on race or national origin, but some of the factors Arizona officers are allowed to consider in developing reasonable suspicion of unlawful status are just a small step away.

Among them are dirty clothes, outfits that are fashionable in Mexico and poor English skills.

People approached in consensual-contact cases fit a common profile in police reports: Hispanic men from southern Mexico who speak little English and are dressed in soiled clothes. They are often walking or sitting in the shade.

Some people referred to the Border Patrol were coming out of the hills or were in an urban area where people regularly jump the border fence. Others were walking into J.C. Penney or Circle K or simply strolling down the sidewalk.

Officers often cited nervousness and glances toward the ground as a reason for initiating a conversation, which almost always starts with a request to see identification. Pedestrians are not required to carry ID and legally can choose whether to talk or walk away when an officer approaches them on the side of a street.

But civil-rights advocates say few people know that \u2014 and many of those ultimately referred to the Border Patrol showed a foreign ID.

\u201cWhen somebody is approached by an armed law enforcement official, many people assume that they are being stopped and they are not necessarily free to just ignore the questions and walk away, even though they are,\u201d said James Lyall, an attorney with the American Civil Liberties Union in Tucson.

The officer is under no obligation to explain that responding or showing ID is voluntary.

\u201cIf you are not suspected of a crime, you do not have to say anything to an official, and if you are suspected of a crime, you only have to give your name,\u201d Lyall said. \u201cPeople have the right to remain silent and don\u2019t necessarily know that.\u201d

In May 2012, a Douglas police officer approached Efrain Calvo Herrera while he sat on a bench outside the Oasis Bar, near a food pantry.

In his report, the officer wrote that Herrera was wearing muddy work boots and more than one pair of pants, with the outer layer turned inside out. He wrote that Herrera spoke little English.

Based on that information, the officer called the Border Patrol. He made no mention in the report of any state or local violation.

Herrera got antsy as the officer kept asking questions and refused to stay seated while the officer approached a group of men Herrera said included his brother.

Soon, three officers were at the scene. Herrera ran, and an officer tried to use a Taser to stop him.

He was taken into Border Patrol custody after agents determined the Oaxaca native entered the country illegally.

SOME STOPPED ONLY FOR IMMIGRATION STATUS checks

Some of the incident reports the Star reviewed suggest more explicitly the only reason officers stopped someone was to enforce immigration law.

In one 2010 case, a Cochise County sheriff\u2019s deputy wrote: \u201cBelieving they were UDAs made contact with them and conducted a FI (field interview). Learned they were both Mexican nationals. Contacted dispatch to request BP meet me at substation.\u201d

He didn\u2019t detail how he determined unlawful status.

In another case that year, the same deputy wrote: \u201cTraveling southbound observed male subject walking northbound directly in front of Longhorn Tavern. Suspected to be possibly UDA. Contact made with subject at which time I determined he was UDA. Transported to CCSO substation in Elfrida and BP was advised to meet with me. BP took custody.\u201d

In a third, he wrote: \u201cWhile on patrol, observed a male subject seated on a bench next to the produce wagon. Believing the subject was possibly a UDA, conducted a FI. Upon speaking with subject, discovered he was in fact UDA. BP contacted and advised since I was reasonably close to BP checkpoint, would transport him to location.\u201d

Cochise County Sheriff Mark Dannels, who was elected in late 2012, didn\u2019t respond to questions about whether the deputy acted appropriately at the time or under today\u2019s standards. Speaking in general, he said the elements that make up reasonable suspicion of unlawful status should be included in a report.

Cochise County\u2019s 86 deputies referred at least 34 people to the Border Patrol in cases that began as consensual encounters over the past three years.

DEBATING THE LEGALITY
\nOF DETAINING SOMEONE

Developing reasonable suspicion that a person is in the country illegally doesn\u2019t necessarily mean a local law-enforcement official can detain him.

Officers need to suspect a crime to hold someone or transport him to the nearest Border Patrol station.

While jumping the fence is a crime, being in the country illegally after overstaying a visa is a civil violation \u2014 one that local officers don\u2019t have the authority to enforce. All they can do is let the Border Patrol know about it.

If the Border Patrol says agents are on their way and asks the officer to detain someone accused only of a civil immigration offense, it\u2019s a gray area whether the officer can do that, and how long of a wait would be considered reasonable, said Gabriel Chin, a professor at the University of California-Davis School of Law. The question hasn\u2019t yet been litigated.

In most cases the Star reviewed, an officer held the suspect until the Border Patrol arrived. Because there are so many agents along the border, waiting time is rarely an issue, law-enforcement leaders said. But officers rarely record waiting times in their incident reports.

Especially in stops far from the U.S.-Mexico line, Border Patrol agents don\u2019t always arrive within a window that could be justified as \u201creasonable,\u201d the legal standard.

In December 2012, Mart\u00edn D\u00edaz F\u00e9lix was walking along the side of busy North Oracle Road in Oro Valley when an officer stopped him for walking in the same direction as traffic.

The officer asked for an ID, and F\u00e9lix showed him a card issued by Southside Worker Center, a program of the Southside Presbyterian Church that supports day laborers. When the officer asked where he was going, F\u00e9lix said he was picking up a check for a construction job.

After a records check showed he had never had an Arizona license and he couldn\u2019t provide a passport or visa, F\u00e9lix confessed he was in the country illegally.

The officer handcuffed him and called the Border Patrol, which estimated an agent would be there within 30 minutes. More than 50 minutes later, the agent still hadn\u2019t arrived, so the officer let F\u00e9lix free, telling him to cross the street and walk against traffic.

The Border Patrol picked him up five minutes later down the road.

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There was a time not long ago when the Border Patrol thanked Arizona officers for their cooperation with barbecues and practice ammunition. Now, departments get millions a year in paid overtime, with some officers nearly doubling their salaries and dozens more marked cars out patrolling the streets.

Operation Stonegarden is an 8-year-old federal program that pays for overtime shifts and lets agencies buy related equipment such as radios and night-vision goggles \u2014 all aimed at enhancing border security.

In fiscal year 2013, agencies within 100 miles of the Arizona-Sonora border received $12 million through the program. All of the agencies the Star reviewed participated.

While reluctant to say immigration enforcement is anything close to a priority, border chiefs with small staffs and tight budgets said they are grateful for the funds.

\u201cIt gives me higher visibility inside the community, so it\u2019s almost like a force multiplier,\u201d Sahuarita Police Chief John Harris said.

In Nogales, one or two officers work a four-hour Stonegarden shift on any given day, boosting the number of officers on the street to as many as 10.

Yuma County Sheriff\u2019s Office used Stonegarden money to create a regional system to communicate in real time with the Border Patrol.

The Homeland Security grants have tightened relationships between local and federal agencies, but also blurred the boundaries between the two.

A Santa Cruz County deputy wrote in one report, \u201cOne of our duties while on regular patrol is to patrol rural areas to detect, deter and apprehend illegal entrants, narcotics and weapons from entering through the Santa Cruz County.\u201d

That is word for word the mission another officer wrote in a Stonegarden report.

Border Patrol agents who live in Sahuarita regularly park their service vehicles at the town\u2019s Police Department overnight.

Agents working undercover will sometimes ask local officers to knock on the door of a suspected drop house or pull over a car they believe is filled with drugs.

\u201cWe are not necessarily asking them to stop drug smuggling, alien smuggling, weapons of mass destruction,\u201d Customs and Border Protection spokesman Andy Adame said of local police. \u201cWhere we are getting our bigger bang for our buck is where they continue to use their traditional jobs of patrolling instead of making them Border Patrol agents.\u201d

But deputies sometimes track footprints in the desert and provide backup at checkpoints.

In one case in April, an undercover agent asked Nogales police to approach suspected illegal immigrants sitting in the McDonald\u2019s in the Walmart Supercenter. An officer working Stonegarden responded and saw two men matching the description, looking around as if they were waiting for someone.

The officer identified himself and asked to speak with them. After the men were unable to produce a U.S. ID or immigration documents, he detained both 30-year-olds from Oaxaca and turned them over to the Border Patrol.

The cooperation goes both ways. \u201cThe requests to assist our federal partners are significantly fewer than our requests to them for assistance,\u201d said Douglas interim Chief Kraig Fullen. \u201cWe have received help from Border Patrol, CBP and ICE with traffic control at an accident, perimeter security at a crime scene, searches for burglary suspects in a neighborhood, K-9 assistance, and the list goes on.\u201d

As Santa Cruz County Sheriff Estrada puts it, \u201cWithout BP, obviously we would be overrun.\u201d

Chad Matthews, a Santa Cruz County sergeant, regularly drives through Tubac to look for open doors, broken windows, people running from a house \u2014 anything that looks suspicious. Matthews knows that Kino Springs is popular for smuggling because of the paved roads.

The smugglers \u201cknow they can outrun us,\u201d he said. \u201cWe\u2019re not out here to catch UDAs; we are patrolling the area.\u201d

Since 2010, Santa Cruz County\u2019s 39 deputies have referred more than 1,200 people to the Border Patrol. Incidents classified as assists to federal agencies in the county make up about 7 percent of the total.

Estrada attributed the numbers to geography: The county shares 50 miles of border with Mexico. It has three ports of entry, rugged canyons and a river valley \u2014 and one of the nation\u2019s highest concentrations of border agents.

\u201cWith 1,000 Border Patrol agents,\u201d Estrada said, \u201cI can think of 1,000 reasons we may assist.\u201d

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Cristina Loya was stopped for speeding in May by an unmarked car that was in front of her as she pulled into the parking lot of her daughter\u2019s high school.

She said she asked the Cochise County sheriff\u2019s detective how he could tell she was speeding if he had been driving in front of her but didn\u2019t get an answer.

Loya wonders whether the speeding charge was a way for the detective to check her immigration status.

She is not alone. About 6 in 10 Latinos surveyed by the University of Illinois at Chicago said they thought police officers stopped Latinos without good reason or cause \u201cvery or somewhat often.\u201d

SB 1070, Arizona\u2019s contested immigration law, requires that law-enforcement officers try to verify the status of someone they\u2019ve detained if they suspect the person is in the country illegally.

But opponents of the law say it encourages \u201cpretextual stops,\u201d where officers find minor infractions to justify detaining someone for the purpose of an immigration check.

A Star review of more than 100 traffic-stop reports from five Southern Arizona agencies showed that the most common reason an officer stopped someone, and then checked his or her status, was speeding.

A problem with a license-plate light was the next most cited reason, followed by expired or suspended registration, failure to stop and an unsafe turn.

In some cases, especially close to the border, officers intercepted smugglers by following suspicious vehicles until they committed a traffic violation.

The review did not reveal evidence of systematic abuse, but a general lack of reporting details and the specifics of some stops raises questions. More than 15 percent of the Star\u2019s sample of more detailed reports didn\u2019t list the reason for the stop.

Most often, officers who explained why they called the Border Patrol pointed to a lack of a valid U.S. ID as a main factor.

When Loya saw the emergency lights start flashing, the 15-year resident of Douglas turned off the car and took out her Mexican driver\u2019s license and border-crossing card. She said the detective saw her card was expired and told her: \u201cYou know you are not supposed to be here. I\u2019m going to call Border Patrol.\u201d

The incident-report narrative doesn\u2019t include an address for the stop, nor does it mention the school. Some police agencies and Immigration and Customs Enforcement discourage immigration inquiries in school zones.

Cochise County Sheriff Mark Dannels did not answer questions about the case.

Loya\u2019s daughters \u2014 the 14-year-old she was picking up from Douglas High School and a 9-year-old with her in the car \u2014 pleaded with the officer not to take their mother. But within minutes, another deputy arrived, followed by Border Patrol and a Child Protective Services employee who allowed Loya to sign a power of attorney giving temporary custody of her three children to church friends.

\u201cI thought I was never going to see them again,\u201d Loya said.

All three children are U.S. citizens; the youngest was fathered by a Border Patrol agent before he moved out of state to a new assignment.

Loya spent 20 days at the Eloy Detention Center before she posted bond. Her case is pending.

"}, {"id":"e3040d7d-d274-5fa4-801a-6080610f5235","type":"article","starttime":"1393830000","starttime_iso8601":"2014-03-03T00:00:00-07:00","lastupdated":"1394077026","sections":[{"border":"news/local/border"}],"application":"editorial","title":"About Tucson immigration checks","url":"http://tucson.com/news/local/border/article_e3040d7d-d274-5fa4-801a-6080610f5235.html","permalink":"http://tucson.com/news/local/border/about-tucson-immigration-checks/article_e3040d7d-d274-5fa4-801a-6080610f5235.html","canonical":"http://tucson.com/news/local/border/about-tucson-immigration-checks/article_e3040d7d-d274-5fa4-801a-6080610f5235.html","relatedAssetCounts":{"article":0,"audio":0,"image":0,"link":1,"vmix":0,"youtube":0,"gallery":0},"byline":"Arizona Daily Star","prologue":"Tucson police dispatchers fill out a form each time an officer requests an immigration check. The Star reviewed 2,030 forms completed in July and August and shared the findings with TPD Chief Roberto Villase\u00f1or. Finding: The largest cluster of checks was along 22nd Street between Interstate 10 and South Park Avenue. Activists say police target the area near Southside Presbyterian Church, which hosts a day-laborer center at 317 W. 23rd St.","supportsComments":true,"commentCount":0,"keywords":["immigration","sb 1070"],"internalKeywords":["#sb1070","#watchdog","#breakout"],"customProperties":{},"links":[{"id":"9db70a4d-f2e8-5b08-9565-01dccc63ab2f","type":"link","starttime":"1394089500","starttime_iso8601":"2014-03-06T00:05:00-07:00","lastupdated":"1473982214","sections":[{"local":"news/local"},{"border":"news/local/border"}],"flags":{"web_only":"true"},"application":"editorial","title":"Interactive: State of Confusion \u2022 Enforcement of immigration law varies widely \u2022 A Star investigation","permalink":"http://tappinn.com/view/page/p/130709/","canonical":"http://tappinn.com/view/page/p/130709/","relatedAssetCounts":{"article":0,"audio":0,"image":1,"link":0,"vmix":0,"youtube":0,"gallery":0},"prologue":"The Star's mobile interactive on the special investigation of SB 1070.","supportsComments":true,"commentCount":0,"keywords":["immigration","sb 1070"],"internalKeywords":["#sb1070","#watchdog","#breakout"],"customProperties":{},"images":[{"id":"f7698896-d146-53ee-a4ee-1d8b1a0bf736","description":"","byline":"","versions":{"full":{"type":"image/png","width":"620","height":"101","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da20abb.image.png?resize=620%2C101"},"100": {"type":"image/png","width":"100","height":"16","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da847b6.preview-100.png"},"300": {"type":"image/png","width":"300","height":"49","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da86188.preview-300.png"},"1024":{"type":"image/png","width":"1024","height":"166","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da5a714.preview-1024.png"}}}],"revision":7,"url":"http://tappinn.com/view/page/p/130709/"}],"revision":27,"commentID":"e3040d7d-d274-5fa4-801a-6080610f5235","body":"

Tucson police dispatchers fill out a form each time an officer requests an immigration check. The Star reviewed 2,030 forms completed in July and August and shared the findings with TPD Chief Roberto Villase\u00f1or.

Finding: The largest cluster of checks was along 22nd Street between Interstate 10 and South Park Avenue. Activists say police target the area near Southside Presbyterian Church, which hosts a day-laborer center at 317 W. 23rd St.

Response: The pattern is largely due to enforcement at Santa Rita Park, where drugs and alcohol have been problems.

Finding: About a quarter of the checks in that cluster stem from the driver lacking a valid U.S. license or registration.

Response: \u201cSouthside Presbyterian is known as an immigrant activist location, so obviously they are going to draw more immigrants to that area who will then have contact with officers if they are involved in any type of activity whether it be a traffic stop or any type of enforcement. I think there may be some merit to what they are saying, but not for the reasons that they are saying.\u201d

Finding: The most common charge leading to an immigration check was driving without a valid license or registration. More than 40 percent of the forms cited this offense.

Response: This could be due to his requirement that police give at least one traffic citation a shift, and license and registration violations are the easiest to spot.

Finding: The next four top charges were shoplifting, non-accident DUI, drug possession and other offenses and misdemeanors, a category that includes drinking in public.

Response: The distribution matches patterns in crime. Clusters of checks were also at shopping centers and parks regularly used by homeless people.

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The immigration-status checks SB 1070 requires are not always as simple as a request for information sent over the radio.

More and more, police officers are surrounded by activists, many of them holding video recorders and asking a long list of questions.

Frustrated with immigration reform stalled in Congress and increased cooperation between local police and the Border Patrol, immigrant-rights activists have escalated their civil-disobedience campaign. Over the past year, routine news conferences gave way to people lying in the street before the wheels of a Border Patrol vehicle.

On Oct. 8, the campaign intensified when more than 100 activists encircled a Border Patrol vehicle holding a driver and passenger Tucson police had stopped because of an improperly lighted license plate. The protest lasted more than an hour, required the deployment of two dozen police and Border Patrol agents, and ended only after a barrage of pepper spray.

Law-enforcement officials, increasingly wary of drawing a crowd, are shifting their tactics, too. Instead of the Border Patrol showing up at the site of a traffic stop, an agent might ask police to meet at a neutral location. Agents might also show up at a traffic stop disguised in plain clothes and an unmarked car.

Some officers are taking people they have detained directly to the Border Patrol\u2019s gated campus on South Swan Road. Others are booking people into jail if it\u2019s an option. The jail staff checks the immigration status of everyone booked.

One month after the October protest, Tucson police stopped Alberto Garc\u00eda, a 31-year-old day laborer from Guatemala, because a records check showed a mandatory insurance suspension on the vehicle he was driving. When the officer asked for proof of who he was, Garc\u00eda, who had no driver\u2019s license, showed the officer an ID issued by Southside Presbyterian Church.

Garc\u00eda\u2019s lack of state-issued ID and difficulty speaking English prompted the officer to call the Border Patrol to identify him, said Sgt. Chris Widmer, a Tucson Police Department spokesman.

But before a border agent arrived, a group of eight to 10 activists with a video camera arrived, knocking on the officer\u2019s window and asking why Garc\u00eda was being arrested, the police report said. Fearing a repeat of the October protest, he drove away with Garc\u00eda in handcuffs, inviting the agent to follow him.

The officer and agent drove to the west-side substation, where they passed through a gate that kept activists from following. The agent confirmed Garc\u00eda\u2019s unauthorized status, and police decided to book him into jail for the crime of driving without a license, a violation for which people are usually cited and released.

Garc\u00eda is out on a $1,500 immigration bond.

Chief sees safety hazard

Police are shifting their responses to protect officer safety, said William Lackey, chief of police in South Tucson, which also has been under heavy scrutiny from activists.

\u201cYou have a driver, and you have 10, 15, 20 people respond and they are not quiet, they are saying \u2018police shouldn\u2019t be here,\u2019 \u2018get out of here.\u2019 It\u2019s a public safety hazard,\u201d he said.

Like Tucson police, in some cases South Tucson will transport someone suspected of being in the country illegally, especially if a crowd gathers, Lackey said.

The department is the first to be legally challenged over how it\u2019s implementing SB 1070\u2019s so-called \u201cshow me your papers\u201d provision, which went into effect in September 2012. The provision requires police officers to try to check the immigration status of someone they detain for another reason if they suspect the person is in the country illegally.

In a letter the American Civil Liberties Union sent to South Tucson in November, it alleged that Alejandro Valenzuela \u2013 a 23-year-old activist with the Southside Worker Center \u2013 was \u201csubjected to unreasonable seizure based on his actual or perceived race and ethnicity\u201d and detained for no reason other than to check his immigration status and to transport him to federal authorities.

Police initially talked to Valenzuela when he showed up at a domestic-violence investigation involving one of his friends, and they asked him not to interfere. Officers then asked for his identification while he was sitting in the passenger seat of a nearby parked car.

Though they didn\u2019t charge him with a state or local crime, South Tucson police drove Valenzuela first to their offices, then to Border Patrol headquarters. There, he was detained for about five hours until someone was able to bring documents showing his eligibility for the Deferred Action for Childhood Arrivals program.

The city is negotiating with the ACLU to try to avoid litigation, said South Tucson\u2019s attorney, Andrea de Castillo, who also has an independent immigration law practice.

Lackey couldn\u2019t speak about the claim, but he said South Tucson officers \u201cdon\u2019t mess with undocumented people unless they have to.\u201d That makes the department one of the most lenient in dealing with illegal immigration issues, he said.

He couldn\u2019t substantiate that statement with numbers because the department is only now working on a system to classify incidents of this type. When the Arizona Daily Star requested cases where officers had referred people to the Border Patrol, the department could provide only one record for a three-year period.

on a nickname basis

Since he took over as chief more than a year ago, Lackey has worked to improve public perceptions of police.

He launched a \u201crevisit\u201d program in which officers follow up with people they come in contact with, especially crime victims, and document those visits. He also bought two electric golf carts for day-shift officers to use to make themselves more approachable.

Officer Yvonne Billotte can often be found waving from the seat of a golf cart. Building community relationships is what she is all about.

During a recent shift, her first stop was at Food City to check up on an employee who was assaulted by shoplifters the previous night.

\u201cHello! Good morning, my dear,\u201d she greeted an employee at the grocery store. \u201cHow is he doing? Is his jaw still bothering him?\u201d

The employee who was assaulted was not there, but she gave a co-worker a victim\u2019s rights card and told him to call her any time.

\u201cBye, hon \u2014 see you later!\u201d she called as she accelerated.

For her, the recipe for a good relationship between the community and police is treating people with dignity and respect, just as her father, also a police officer, taught her. SB 1070 worries the 12-year department veteran, for whom South Tucson residents have an array of nicknames ranging from \u201cRed\u201d to \u201cLolly.\u201d

\u201cMy biggest concern with 1070 is that it takes someone who is not documented and makes him the perfect victim because they are now afraid to report crime, and it destroys that relationship with us,\u201d she said.

Billotte keeps that in mind as she patrols the 1.5 square miles of South Tucson, waving at every neighbor and every kid playing outside, pausing especially to ask the city\u2019s eldest residents how they are doing.

\u201cI always tell people: \u2018I don\u2019t care about your immigration status,\u2019\u201d she said. \u201cWhat I care about is people not being victimized.\u201d

Required viewing

Arizona law-enforcement officers were required to watch a training video created by AZPOST, the state\u2019s peace-officer certification board, before SB 1070 went into effect.

The video contains a list of factors officers can use to develop reasonable suspicion that a person is in the country illegally \u2014 a threshold that, if met, now requires a call to immigration authorities.

Among the factors: not speaking English, not having a U.S.-issued ID card, wearing multiple layers and carrying a backpack.

But South Tucson has lots of homeless people who often don\u2019t have IDs and often carry backpacks. It also is home to families who have been in the United States for generations but have members who don\u2019t speak English.

\u201cEveryone is so concerned with the negative aspects of the law that they are not looking at (the actions of) individual agencies or officers,\u201d Billotte said. \u201cThe longer we keep telling people all officers want to deport you, the longer we allow for these people to be potentially victimized.\u201d

The department saw a drop in the number of calls it received after SB 1070 took effect, a trend Lackey said he\u2019s trying to reverse.

But repairing the trust damaged by SB 1070 will take a lot of effort, said Ra\u00fal Alcaraz-Ochoa, a local activist and spokesman for the Protection Network Coalition, formed to support people who are at risk of being deported because of the law.

The group\u2019s ultimate goal is to end what it calls \u201cpoli-migra,\u201d the close cooperation between local police and Border Patrol. But Alcaraz-Ochoa acknowledges that could take a while.

In the meantime, he wants to continue pushing for local policy changes \u2014 among them, police no longer questioning passengers about their immigration status, and citing and releasing drivers with questionable immigration status if they are stopped for a minor traffic violation.

Skewed relationships

Although Tucson\u2019s City Council and police chief have vocally opposed SB 1070, they\u2019ve been slow to respond to local demands for clearer policies.

Of Southern Arizona agencies, the Tucson Police Department has gotten the loudest public criticism for how it interpreted and implemented SB 1070 \u2014 yet it took the scene of the October protest for activists\u2019 recommendations to begin to gain traction.

The City Council held a study session in November about the law\u2019s effects on community trust and how police can comply in a way that does the least damage.

SB 1070 \u201cputs local law enforcement in positions they shouldn\u2019t be in; it puts us at odds with elements in our community,\u201d TPD Chief Roberto Villase\u00f1or said. \u201cIt\u2019s not the relationship we want to have with the community.\u201d

After the meeting, he tweaked the agency\u2019s policies to emphasize that officers focus on suspects, not the immigration status of victims or witnesses; require the presence of a parent or guardian to question a juvenile on immigration status; and try to find alternatives to towing a vehicle when possible.

Activists urge clearer directives and blanket prohibitions on immigration checks in other scenarios, but Villase\u00f1or told a crowd during a forum in January that the department can\u2019t go further than it already it has without risking a lawsuit.

TPD is one of just a few agencies that interpreted SB 1070 to require an immigration-status check on everyone arrested \u2014 regardless of whether an officer suspects unauthorized status \u2014 because Villase\u00f1or is afraid of being seen as too lax. Of the departments the Star reviewed, it had the most extensive SB 1070 training program.

But that\u2019s not the answer to illegal immigration, Villase\u00f1or said. The way he sees it, the solution to the challenges posed by SB 1070 is comprehensive reform, not more police action.

\u201cWe want the people who are here illegally, who are involved in criminal activity, to be deported \u2014 no question,\u201d he said. \u201cBut to make us pseudo agents of federal immigration, I don\u2019t think that\u2019s right.\u201d

"}, {"id":"274d1727-40f0-541b-bfb5-78f3ee35d78f","type":"article","starttime":"1393824300","starttime_iso8601":"2014-03-02T22:25:00-07:00","lastupdated":"1458172365","sections":[{"border":"news/local/border"},{"news":"news"}],"application":"editorial","title":"Being turned over to Border Patrol doesn't always mean deportation","url":"http://tucson.com/news/local/border/article_274d1727-40f0-541b-bfb5-78f3ee35d78f.html","permalink":"http://tucson.com/news/local/border/being-turned-over-to-border-patrol-doesn-t-always-mean/article_274d1727-40f0-541b-bfb5-78f3ee35d78f.html","canonical":"http://tucson.com/news/local/border/being-turned-over-to-border-patrol-doesn-t-always-mean/article_274d1727-40f0-541b-bfb5-78f3ee35d78f.html","relatedAssetCounts":{"article":0,"audio":0,"image":0,"link":1,"vmix":0,"youtube":0,"gallery":0},"byline":"By Carli Brosseau\nArizona Daily Star","prologue":"A call from local police to the Border Patrol does not necessarily lead to a deportation. Data from the one Arizona law-enforcement agency that collects comprehensive information on SB 1070\u2019s effects spotlights the difficulties the state has had in trying to force change to an immigration regime dominated by federal, rather than local, priorities.","supportsComments":true,"commentCount":0,"keywords":["immigration","sb 1070"],"internalKeywords":["#sb1070","#watchdog"],"customProperties":{},"links":[{"id":"9db70a4d-f2e8-5b08-9565-01dccc63ab2f","type":"link","starttime":"1394089500","starttime_iso8601":"2014-03-06T00:05:00-07:00","lastupdated":"1473982214","sections":[{"local":"news/local"},{"border":"news/local/border"}],"flags":{"web_only":"true"},"application":"editorial","title":"Interactive: State of Confusion \u2022 Enforcement of immigration law varies widely \u2022 A Star investigation","permalink":"http://tappinn.com/view/page/p/130709/","canonical":"http://tappinn.com/view/page/p/130709/","relatedAssetCounts":{"article":0,"audio":0,"image":1,"link":0,"vmix":0,"youtube":0,"gallery":0},"prologue":"The Star's mobile interactive on the special investigation of SB 1070.","supportsComments":true,"commentCount":0,"keywords":["immigration","sb 1070"],"internalKeywords":["#sb1070","#watchdog"],"customProperties":{},"images":[{"id":"f7698896-d146-53ee-a4ee-1d8b1a0bf736","description":"","byline":"","versions":{"full":{"type":"image/png","width":"620","height":"101","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da20abb.image.png?resize=620%2C101"},"100": {"type":"image/png","width":"100","height":"16","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da847b6.preview-100.png"},"300": {"type":"image/png","width":"300","height":"49","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da86188.preview-300.png"},"1024":{"type":"image/png","width":"1024","height":"166","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da5a714.preview-1024.png"}}}],"revision":7,"url":"http://tappinn.com/view/page/p/130709/"}],"revision":38,"commentID":"274d1727-40f0-541b-bfb5-78f3ee35d78f","body":"

A call from local police to the Border Patrol does not necessarily lead to a deportation.

Data from the one Arizona law-enforcement agency that collects comprehensive information on SB 1070\u2019s effects spotlights the difficulties the state has had in trying to force change to an immigration regime dominated by federal, rather than local, priorities.

Less than half the people Arizona Department of Public Safety officers suspect are in the country illegally are picked up by immigration authorities or booked into jail, where status is routinely checked.

And not even all those people will be deported. People referred from local police are four times as likely as others taken into Border Patrol custody to be released or plead their case before a judge, data from The Center for Investigative Reporting show.

DPS has done the most complete traffic-stop data collection in the state since it settled a racial-profiling lawsuit with the American Civil Liberties Union in 2006. Officers began noting suspected unlawful status three years later as part of those changes.

The department again expanded what it collects in September 2012, when SB 1070\u2019s requirement that local police try to call immigration authorities if they suspect someone they\u2019ve detained is unlawfully present took effect.

\u201cOur belief is that if we are going to be an open book, it\u2019s very difficult to show you\u2019re doing everything if you have no evidence of it,\u201d DPS Capt. Jeff King said.

The department had the most robust oversight of any agency the Star reviewed.

Whenever officers click a box for suspicion of unauthorized status on an electronic form, they are prompted to describe how they came to that conclusion, when they made the inquiry, when they heard back and what the outcome was. They are expected to explain their decision if they don\u2019t make the call.

In the year after the status-check requirement took effect, supervisors sent back or voided about 4 percent of the forms officers initially turned in, asking for improvement. The reasons for rejection included duplicated forms, too many blanks and, most commonly, inadequate or faulty explanations.

The resulting data provide the clearest picture available of how federal priorities and officers\u2019 use of discretion undercut legislators\u2019 aim to reduce Arizona\u2019s unauthorized immigrant population.

In deciding whether to call immigration authorities, officers considered whether it was rush hour, whether there were other officers nearby and whether immigration officials were likely even to come.

They also weighed how long it would take to cite the driver for the original stop. If an officer writes a ticket for a civil traffic violation such as a broken taillight, the stop rarely takes longer than 10 minutes, leaving no time to request a check, King said.

When officers did call, immigration authorities declined to show up 13 percent of the time. They refused to come most often because of a manpower shortage, a child in the vehicle or the absence of a criminal record.

At least 5 percent of the time, immigration officials took so long responding that officers had to release the person to avoid running afoul of constitutional time limits.

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Some agencies weren\u2019t doing that.\u201d\n\nHow it\u2019s documented:","supportsComments":true,"commentCount":0,"keywords":[],"internalKeywords":["#sb1070"],"customProperties":{},"images":[{"id":"8fba26dc-bdd1-58df-b735-ca1b269fe452","description":"SB 1070 does not authorize prolonged detention, the rights group says. 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Pima County Sheriff\u2019s Department

Tucson Police Department

Oro Valley Police Department

Marana Police Department

South Tucson Police Department

Santa Cruz County Sheriff\u2019s Office

Sahuarita Police Department

Nogales Police Department

Pinal County Sheriff\u2019s Office

Cochise County Sheriff\u2019s Office

Arizona Department of Public Safety

Douglas Police Department

Yuma County Sheriff\u2019s Office

Arizona Daily Star

"}, {"id":"cb5db65e-6ecb-5ffe-847a-ca7ccc91314a","type":"article","starttime":"1393791480","starttime_iso8601":"2014-03-02T13:18:00-07:00","lastupdated":"1394077027","sections":[{"border":"news/local/border"}],"application":"editorial","title":"SB 1070 enforcement varies widely across the state, survey shows","url":"http://tucson.com/news/local/border/article_cb5db65e-6ecb-5ffe-847a-ca7ccc91314a.html","permalink":"http://tucson.com/news/local/border/sb-enforcement-varies-widely-across-the-state-survey-shows/article_cb5db65e-6ecb-5ffe-847a-ca7ccc91314a.html","canonical":"http://tucson.com/news/local/border/sb-enforcement-varies-widely-across-the-state-survey-shows/article_cb5db65e-6ecb-5ffe-847a-ca7ccc91314a.html","relatedAssetCounts":{"article":1,"audio":0,"image":0,"link":1,"vmix":0,"youtube":0,"gallery":0},"prologue":"Last summer, the Arizona Civil Rights Board sent a survey about SB 1070-related policies to the 134 law-enforcement agencies in the state, and 34 agencies responded. Of the agencies that replied: 25 have a policy prohibiting racial profiling. 19 routinely ask about the immigration status of people they arrest.","supportsComments":true,"commentCount":0,"keywords":["sb 1070","immigration"],"internalKeywords":["#sb1070","#watchdog"],"customProperties":{},"links":[{"id":"9db70a4d-f2e8-5b08-9565-01dccc63ab2f","type":"link","starttime":"1394089500","starttime_iso8601":"2014-03-06T00:05:00-07:00","lastupdated":"1473982214","sections":[{"local":"news/local"},{"border":"news/local/border"}],"flags":{"web_only":"true"},"application":"editorial","title":"Interactive: State of Confusion \u2022 Enforcement of immigration law varies widely \u2022 A Star investigation","permalink":"http://tappinn.com/view/page/p/130709/","canonical":"http://tappinn.com/view/page/p/130709/","relatedAssetCounts":{"article":0,"audio":0,"image":1,"link":0,"vmix":0,"youtube":0,"gallery":0},"prologue":"The Star's mobile interactive on the special investigation of SB 1070.","supportsComments":true,"commentCount":0,"keywords":["sb 1070","immigration"],"internalKeywords":["#sb1070","#watchdog"],"customProperties":{},"images":[{"id":"f7698896-d146-53ee-a4ee-1d8b1a0bf736","description":"","byline":"","versions":{"full":{"type":"image/png","width":"620","height":"101","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da20abb.image.png?resize=620%2C101"},"100": {"type":"image/png","width":"100","height":"16","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da847b6.preview-100.png"},"300": {"type":"image/png","width":"300","height":"49","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da86188.preview-300.png"},"1024":{"type":"image/png","width":"1024","height":"166","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/f/76/f7698896-d146-53ee-a4ee-1d8b1a0bf736/5317e2da5a714.preview-1024.png"}}}],"revision":7,"url":"http://tappinn.com/view/page/p/130709/"}],"revision":22,"commentID":"cb5db65e-6ecb-5ffe-847a-ca7ccc91314a","body":"

Last summer, the Arizona Civil Rights Board sent a survey about SB 1070-related policies to the 134 law-enforcement agencies in the state, and 34 agencies responded.

Of the agencies that replied:

25 have a policy prohibiting racial profiling.

19 routinely ask about the immigration status of people they arrest.

6 routinely ask about the immigration status of crime victims.

4 routinely ask about the immigration status of witnesses.

3 routinely ask about the immigration status of people not suspected of a state or local crime.

2 keep information on whether immigration authorities were called during an investigative or traffic stop.

1 keeps information about the immigration status of a person contacted during one of those stops.

When asked whether they would be willing to adopt a policy prohibiting officers from inquiring about immigration status of certain groups:

9 said yes for crime victims.

9 said yes for witnesses.

4 said yes for people they don\u2019t suspect of a state or local crime.

3 said yes for people they arrest.

Source: Arizona Civil Rights Advisory Board

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On Oct. 2, a U.S. district judge permanently blocked Maricopa County Sheriff\u2019s Office from continuing with several practices related to its immigration enforcement and required radically improved record keeping.

Among the changes, the sheriff\u2019s office is barred from taking several actions, including:

New requirements

Source: U.S. District Court opinion.

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SB 1070 was supposed to standardize local immigration enforcement across Arizona.

But more than a year after the law\u2019s most controversial provision took effect, it is impossible to tell whether the law is making a difference \u2014 or even being followed.

An Arizona Daily Star analysis of thousands of records from 13 Southern Arizona law-enforcement agencies reveals a patchwork of immigration-enforcement policies and data so incomplete there\u2019s no way to determine how police are implementing the law, or whether they are committing the systemic civil-rights violations opponents feared when SB 1070 was passed.

A provision of the law that took effect in September 2012 requires local law enforcement to try to check the immigration status of anyone they stop if they come to believe those suspects are in the country illegally.

But police still don\u2019t regularly keep records of those checks. The few agencies that do rarely have a system for analyzing the data for patterns. And oversight is almost nonexistent.

That\u2019s how the Legislature intended it. Lawmakers advancing the bill in 2010 considered data-collection requirements but decided against them out of worry that further burdening law enforcement would peel away \u201cyes\u201d votes and torpedo the measure, said Rep. John Kavanagh, one of the bill\u2019s major proponents.

As a result, most law-enforcement leaders decided not to bother with collecting data since immigration isn\u2019t their primary responsibility. Some also worried about getting sued \u2014 a clause in the bill gives state residents the power to take legal action if they suspect an agency\u2019s enforcement is too lax. That same worry led some departments, such as Tucson Police, to create a form for each immigration inquiry.

\u201cIn our discussions, we thought, \u2018Are we opening a Pandora\u2019s box here by keeping numbers?\u2019\u201d Tucson Police Chief Roberto Villase\u00f1or said. \u201cLet\u2019s say we didn\u2019t keep numbers and someone wanted to sue us, saying you\u2019re not enforcing it. How do I refute that?\u201d

Broad documentation inconsistencies exist across agencies, and sometimes within them. Not even the Border Patrol can provide a full picture.

Records that are available show police calling the Border Patrol for offenses ranging from having an oversized car air freshener or broken taillights to trying to pass off a fake ID or leaving the scene of a crash. Several people were detained at least an hour waiting for agents, even though the Supreme Court said they should not be held beyond the length of a typical traffic stop.

The reports don\u2019t begin to settle the debate over whether the law encourages racial profiling or illegally long detentions \u2014 two key issues justices said they might reconsider when they let the so-called \u201cshow me your papers\u201d provision take effect.

In this void of information, supporters proclaim the law a success at deterring illegal immigration, and critics blast it for encouraging civil rights violations \u2014 all without evidence beyond the anecdote.

THE STAR\u2019S FINDINGS

The Star reviewed data and incident reports describing three years of referrals to Border Patrol and interviewed nearly every agency leader in Southern Arizona to trace the law\u2019s effects.

Among the newspaper\u2019s findings:

HARDER THAN IT SEEMED

The aim of SB 1070 was to reduce the number of people living in the state illegally and to discourage others from coming.

\u201cIt was one-third statement of protest, one-third deterrent and one-third good enforcement,\u201d said Kavanagh, a Republican representative from Fountain Hills.

At last estimate, in 2010, about 400,000 immigrants without legal status lived in Arizona. The group topped out at roughly 7 percent of the state\u2019s residents, but as their numbers tripled over two decades, it unsettled enough Arizonans to push the issue into the spotlight. SB 1070 was legislators\u2019 response.

Many of those caught in the system have deep roots in Arizona, and deporting them \u2014 especially those who have raised families here \u2014 takes more than a state law.

Statewide data from the Department of Public Safety, the only agency to uniformly collect information about SB 1070\u2019s effects, show the immigration-check mandate is diluted by layers of local and federal discretion.

About half of the people officers suspect of unlawful status ever made it into federal custody, and even some of them won\u2019t be deported. Many people with strong ties to the United States appeal their case before an immigration judge \u2014 a process that often stretches for years.

In the last fiscal year, judges ruled in favor of immigrants about half the time, a report from Transactional Records Access Clearinghouse at Syracuse University shows.

Monica Hern\u00e1ndez was heading home from church in Nogales, Ariz., when she was stopped in August because the red lights on the back of her pickup weren\u2019t illuminated. The officer asked for her driver\u2019s license, which she said she didn\u2019t have because she was in the process of legalizing her status.

He cited her for driving without a license and gave her a warning about the taillight. Within two minutes, the Border Patrol was there.

The wife of a legal permanent resident and mother of three U.S. citizen children, Hern\u00e1ndez considered leaving the state she has called home for 18 years after she got pulled over.

But the native of Nogales, Sonora, stayed because of her children, who have lived their entire lives in Arizona. Her oldest son, Moises, is a football player at Nogales High School and participated in the Border Patrol Law Enforcement Explorer Program. Her middle child, Daniela, plays in her school\u2019s marching band. Her youngest, Sophia, does her homework in a Cinderella-themed bedroom.

\u201cYou build your life here. Your children\u2019s lives are here,\u201d said Hern\u00e1ndez, whose case is pending. She paid a $5,000 bond and was released from the Eloy Detention Center a few days after she was detained.

The officer who pulled her over was following SB 1070 and had no choice but to call Border Patrol, said Nogales Police Chief Derek Arnson.

\u201cIf SB 1070 did not exist, the outcome might have been different,\u201d he said.

LIMITED OVERSIGHT

Most law-enforcement chiefs have only a small window into how their officers and deputies are applying the law.

The oversight system in nearly every Southern Arizona agency hinges on public complaints and a sergeant reading and approving the reports of the officers beneath him. But reports with as little as two lines of information often get through.

Pima County Sheriff Clarence Dupnik said he relies heavily on complaints and the press for information about whether his deputies are enforcing the law constitutionally. \u201cIf we have an issue of some kind, then we deal with it,\u201d he said.

But a system so reliant on complaints is unlikely to provide robust oversight, said Robert Worden, director of the John F. Finn Institute for Public Safety and professor of criminal justice and public policy at the University of Albany.

People file complaints on 5 percent to 10 percent of the cases in which they believe police behaved improperly, Worden said. Activists argue that immigrants are even less likely to complain because many come from countries where police have nearly unbridled power. Some fear complaining could lead to their or their family\u2019s deportation.

Statistical analysis, especially of traffic-stop data, has gained favor as a way for chiefs to spot problems without having to wait for a complaint \u2014 or worse, a lawsuit.

In the past decade, the courts required such reviews of both major Arizona agencies accused of racial profiling \u2014 Maricopa County and DPS. Now it is a regular practice at the country\u2019s largest departments.

VARIED INTERPRETATIONS

Gov. Jan Brewer required that every Arizona cop watch a 94-minute training video produced by the state\u2019s peace-officer certification board. But that hasn\u2019t settled disputes over whose status should be checked.

In June, a couple ended up in Border Patrol custody after a Sahuarita police officer stopped them because the license-plate light on their pickup truck wasn\u2019t visible from the state-required 50 feet.

The driver, Laura Rocha, gave the officer her Arizona driver\u2019s license. She had no warrants and her driving privileges were in good standing. The officer also asked her passenger, Jos\u00e9 L\u00f3pez, for his identification, even after Rocha explained he was her husband.

L\u00f3pez showed a Mexican ID, the police report said. The only other thing in his pocket was a receipt from the federal government of his petition to legalize his status.

Using the computer in the patrol car, the officer found a record showing the Border Patrol had deported someone with the same name and date of birth, so he called the federal agency.

Agents arrived and took custody not only of L\u00f3pez, but also of Rocha, on suspicion she was an \u201cimmigration violator.\u201d

Passengers and pedestrians aren\u2019t required to carry ID or to answer questions if they are not suspected of a crime, but few know that, said James Lyall, an attorney with the American Civil Liberties Union in Tucson.

Several law enforcement leaders said it\u2019s good practice to identify everyone in a vehicle in the interest of officer safety. But Daniel Sharp, Oro Valley chief and a TPD veteran, discourages the blanket practice because, to him, a traffic stop concerns only the driver.

Disagreement also reigns about whether crime victims and witnesses should be exempt from checks.

The ACLU and activist groups want law-enforcement agencies to issue a policy protecting victims and witnesses from questions about immigration status.

TPD Chief Villase\u00f1or is among those who refuse. Although he fears the law\u2019s effect on community trust, he said an across-the-board exemption would open the city to a lawsuit under the clause that lets people sue if they think the law is not being fully enforced.

Kavanagh, the state representative, said the bill\u2019s intention was to punish lawbreakers and he doesn\u2019t think anyone would question a policy protecting victims.

DISPUTE OVER DISCRETION

The law gives officers an out in cases where checking immigration status could jeopardize an investigation or is not doable.

But there is no consensus among the 13 agencies in the Star\u2019s review over how much leeway that actually gives officers.

Villase\u00f1or thinks officers must call immigration authorities on every arrest.

\u201cI don\u2019t understand anyone who says that it hasn\u2019t affected discretion of officers,\u201d he said. \u201cThe only way officers still have discretion is if they ignore the law.\u201d

But at other agencies, deputies are still told to use their judgment.

\u201cOur officers have discretion to enforce any law they are required to enforce,\u201d Dupnik said. \u201cIf we didn\u2019t, we would be a Gestapo organization.\u201d

DPS \u2014 the only agency whose records are comprehensive enough to reveal patterns in discretion \u2014 showed officers didn\u2019t check the immigration status of about 40 percent of the people they suspected were here illegally.

Many officers considered a lack of ID to be adequate grounds to contact immigration authorities, but others wrote that the same set of facts did not reach the threshold to force a call.

One DPS officer didn\u2019t find the standard met any of the eight times he stopped vehicles and suspected the occupants\u2019 unlawful status \u2014 although in each case they admitted to being in the country illegally.

Some officers declined to call because of children crying or pleading for leniency. In one case, an officer let a family go because the child\u2019s soccer coach stopped to say the game was about to begin.

NO RISE IN APPREHENSIONS

Records show officers called Border Patrol frequently, even for minor infractions, before SB 1070 took effect.

Marco Quiroz-Quijada was taken into Border Patrol custody after his chow mix got out while animal control and a Cochise County deputy were near his home outside Douglas.

Quiroz-Quijada was about to be cited and released when the pair asked for his ID. The Sonora native didn\u2019t have one. He had crossed illegally through the desert and was in the process of legalizing his status through his wife, a U.S. citizen.

The deputy called Border Patrol, and Quiroz-Quijada was taken into custody.

\u201cI wasn\u2019t expecting this,\u201d he said. \u201cI was being very careful, not having a steady job, trying not to drive because we didn\u2019t want to take a risk \u2014 and it still happened.\u201d

That was April 27, 2012 \u2014 months before immigration checks were required.

The data the Star compiled suggest that SB 1070 hasn\u2019t led to more people transferred to immigration authorities after first being detained by a local officer. There are, however, limitations to the information provided.

Most Southern Arizona departments record referrals to immigration officials by classifying the incident as an assist to another agency. That leaves out cases where a person was charged with a more serious state crime.

The Star\u2019s data also is missing stops where officers didn\u2019t give a citation or written warning but still called Border Patrol. Agencies couldn\u2019t provide a paper trail to show how often this happened and whether agents responded. No agency kept a tally of people referred.

The Border Patrol couldn\u2019t provide the number of calls it received from other agencies or break down by department the number of people it took into custody.

However, apprehensions stemming from referrals from other agencies have been dropping along with total apprehensions. They plummeted from a high of about 10,000 people annually in the Tucson and Yuma sectors to about 1,300 in the fiscal year ending Sept. 30.

The pattern is not much different in Arizona\u2019s northern reaches. Immigration and Customs Enforcement, the primary immigration agency for areas farther from the border, hasn\u2019t seen anything close to the boom in calls it anticipated when SB 1070 was under debate.

Its Phoenix office received less than half the calls in the last fiscal year than it did two years earlier. And ICE\u2019s requests for local jails to hold inmates it wants to deport fell also, to 13,000 last fiscal year, about 3,000 fewer than two years before.

The recession makes it hard to assess the effect of SB 1070, as many unauthorized workers left for a lack of jobs. But for his part, Kavanagh declares the law a success and thanks activists for over-exaggerating the possible effects and deterring unauthorized workers from coming to Arizona.

The law\u2019s true effects will be clearer, he said, when the economy recovers and the jobs return. \u201cYou can\u2019t deter someone who is not coming,\u201d he said.

NO WAY TO TRACK TRENDS

Despite warnings that SB 1070 would boost public scrutiny, few agencies store relevant information in an easily retrievable way, and none analyzes it. Even at agencies that try to keep tabs, cases are lost in the shuffle.

On weekends when he is not able to turn up a construction job, Manuel Flores rides the shuttle from Tucson to Nogales to talk with his wife, Kenia, through the border fence that divides them.

Kenia Flores was deported to Mexico after the two were pulled over in a traffic stop on their way to El Super grocery store on South Sixth Avenue in August 2012. The Tucson police officer referred them to Border Patrol to check their immigration status.

Manuel Flores asked to see a judge to appeal his case, but Border Patrol apparently didn\u2019t get the same request from his wife, and she was deported.

The Border Patrol has a record of picking up the couple from a Tucson officer, but Tucson police could not find a document related to the stop of Flores, who spent three months at Eloy Detention Center until he paid a $3,500 bond.

He also lost the pickup truck the officer impounded because he couldn\u2019t reclaim it within the 30-day window. There\u2019s no record of the impoundment that day, either.

After SB 1070, Tucson police created a form the dispatcher fills out when an officer requests an immigration check. But it\u2019s handwritten on paper so the files can\u2019t be easily searched.

The forms don\u2019t capture every call to Border Patrol because some officers use their cell phone, leaving dispatchers with no record the inquiry ever happened.

There are also problems linking forms to other details about the incident. The department\u2019s traffic citation software uses case numbers that don\u2019t match those assigned to the incident report or dispatch form.

As a result, for the single day\u2019s worth of reports the Star requested, TPD could only provide partial summaries with the reason for each traffic stop listed as unknown.

THE CASE FOR DATA

The only way to accurately gauge SB 1070\u2019s effects is to collect data.

That\u2019s beginning to gain traction. As a result of the Star\u2019s investigation, the Douglas Police Department directed its officers to document every encounter with a person suspected to be in the country illegally and whether Border Patrol responded.

The South Tucson Police Department, which was only able to retrieve one immigration-related case based on the Star\u2019s request, pledged to improve its practices and to classify reports in a way that can be searched and analyzed.

Tucson police are considering changes under direction from the City Council.

Statewide, the Civil Rights Advisory Board is pushing for better data collection and more frequent reviews of Arizona law-enforcement agencies. The board will ask the governor to advocate for a data mandate, said its chairman, Jeff Lavender.

Recent court decisions have driven the point home. Maricopa County Sheriff\u2019s Office, found guilty of racial profiling in October, is overhauling its documentation.

Despite its headline-grabbing embrace of immigration enforcement, Maricopa County recorded only about 10 percent of its referrals because deputies did most inquiries by cellphone, leaving no paper trail, spokesman Lt. Brandon Jones said. The department recently rolled out a new form on which deputies record the perceived race of a driver both before and after a traffic stop.

\u201cThat was the problem before,\u201d Jones said. \u201cWe had no record that we weren\u2019t racially profiling.\u201d

Without data, law-enforcement chiefs can\u2019t disprove allegations based on patterns and are unlikely to see the big picture: how their orders are being carried out, what\u2019s working and what impact they\u2019re having on the community.

\u201cData,\u201d civil rights board chairman Lavender said, \u201cis difficult to argue against.\u201d

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