LAPD Sued - For A Good Reason

**StanSwitek** · 05-02-06, 11:07 AM

Suit Targets LAPD Policy
A group challenges the department's rule that prohibits officers from asking individuals about their immigration status, saying it is illegal.
By Patrick McGreevy, Times Staff Writer
May 2, 2006

A nonprofit government watchdog group that lobbies for immigration reform filed a lawsuit Monday challenging the Los Angeles Police Department's policy of generally prohibiting officers from asking about the immigration status of individuals and limiting cooperation with federal immigration authorities.

Judicial Watch, which is headquartered in Washington, filed the lawsuit in Los Angeles County Superior Court seeking to prevent the LAPD from enforcing Special Order 40, said Candice E. Jackson, an attorney for the group.

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"It violates the state and federal law by prohibiting the maximum amount of cooperation between the Police Department and immigration authorities in enforcing immigration laws," Jackson said.

LAPD officials declined to comment on the lawsuit. "We do not make statements on litigation," Officer Jason Lee said.

However, other city officials have long defended Special Order 40, which was adopted in 1979 by then-Police Chief Daryl F. Gates to encourage all people, regardless of their immigration status, to report crimes and cooperate with police.

Without the order, council members said, some witnesses might be unwilling to come forward. Others have argued that without the policy, some victims might also suffer in silence rather than seek police protection.

"If we repeal Special Order 40, it will lead to an increase in crime," Councilman Jose Huizar said. "People should feel comfortable, whether documented or not, to approach police officers and report a crime."

The rule has been revised to allow officers to investigate when they have evidence that a criminal suspect has been deported and has illegally reentered the country, officials said.

But critics of Special Order 40 cite the Costa Mesa Police and Orange County Sheriff's departments, which have begun developing plans for officers to train alongside federal agents so they can help enforce immigration laws.

The lawsuit was filed on the same day hundreds of thousands of people demonstrated in Los Angeles to signal their opposition to proposals that would crack down on illegal immigration.

The same group also sued the LAPD a month ago for failing to turn over documents showing how Special Order 40 is enforced and how officers are trained on the rule and disciplined when it is violated.

**Retdetsgt** · 05-02-06, 12:15 PM

Good for them.

We can ask, but can't do anything about it if they say they're illegal. The chief at the time, now the mayor is a sufferin' liberal who came out with an order prohibiting us from cooperating with the INS (yeah, I know, now ICE). We used to routinely put holds for immigration on top of criminal charges and dipshit stopped that.

He's also the asswipe that as soon as he was elected mayor, pulled us out of the federal Home Security Taskforce.

He's a constant embarrassment to the rank and file cops here.

**BEK** · 05-02-06, 12:56 PM

Here we can ask, but it isnt like INS is gonna come get em. They wont pick up illegals unless there is 10 or more. It just may be the office that we deal with but I dont understand why they wont do their job.

**Terminator** · 05-02-06, 01:24 PM

Originally Posted by BEK320

Here we can ask, but it isnt like INS is gonna come get em. They wont pick up illegals unless there is 10 or more. It just may be the office that we deal with but I dont understand why they wont do their job.

It's pretty much universal. A couple of years ago, at a previous department of mine, my Chief had rounded up about 20 illegal Mexicans in our town, detained them all (by himself), and called for ICE....he was promptly told that they would not come down unless he had a minimum of 25, because it wasn't worth it. So, he had to let them go.

**bayern** · 05-02-06, 02:26 PM

Why didn't he hold on to them and go get 5 more? Not like there had to find.

Originally Posted by LawEnforcementForums

It's pretty much universal. A couple of years ago, at a previous department of mine, my Chief had rounded up about 20 illegal Mexicans in our town, detained them all (by himself), and called for ICE....he was promptly told that they would not come down unless he had a minimum of 25, because it wasn't worth it. So, he had to let them go.

**bayern** · 05-02-06, 02:28 PM

Whoops, didn't check the spelling "hard" to find.

Originally Posted by LawEnforcementForums

It's pretty much universal. A couple of years ago, at a previous department of mine, my Chief had rounded up about 20 illegal Mexicans in our town, detained them all (by himself), and called for ICE....he was promptly told that they would not come down unless he had a minimum of 25, because it wasn't worth it. So, he had to let them go.

**Wise_undergrad_08** · 05-02-06, 03:17 PM

Well, if they are illegal immigrants that suggests that a law has been broken in regards to them even being here. How can you then make a rule directly contradicting the that law by ordering it not to be enforced? That would automatically make the LAPD's stance on their "don't ask" rule invalid. You can't give unlawful orders. That seems ot be exactly what this is. Maybe I'm mistaken, but that's the logic I'm using on this one.

How about that? For once, a lawsuit actually makes sense and isn't just frivolous. I hope they win or LAPD command backs down. Either or.

FishTail · 05-02-06, 03:28 PM

Shame. I lock em up and then deport them. Benefits of living on a small island.

**Lo523** · 05-02-06, 05:37 PM

We work closely with Immigration - I've had 4 deported recently.

**121Traffic** · 05-02-06, 08:10 PM

Originally Posted by Wise_undergrad_08

Well, if they are illegal immigrants that suggests that a law has been broken in regards to them even being here. How can you then make a rule directly contradicting the that law by ordering it not to be enforced? That would automatically make the LAPD's stance on their "don't ask" rule invalid. You can't give unlawful orders. That seems ot be exactly what this is. Maybe I'm mistaken, but that's the logic I'm using on this one.

How about that? For once, a lawsuit actually makes sense and isn't just frivolous. I hope they win or LAPD command backs down. Either or.

Because illegal immigrants are in violation of a Federal law, which local cops to a large extent have no authority to enforce. Just like in cities that allow personal amounts of MJ (i.e. Denver), it is still against Federal law but the cops can't go and charge them with violation of United States Code.