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Program
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POLICE
COMMISSION ON SPECIAL ORDER 40
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GUESTS:
LAPD CHIEF BERNARD PARKS,
POLICE COMMISSION PRESIDENT EDITH PEREZ
PROGRAM: 240 - 241
DATE TAPED: June 30, 1998
LAPD Chief Bernard Parks and Police Commission President
Edith Perez explain the purpose of Special Order 40 that
prohibits Los Angeles Police Officers from enforcing immigration
laws. During the discussion Parks and Perez referred to
the need for Police Officers to disregard the “status”
of people during law enforcement activity. While the Department
is interested in knowing whether a person is “foreign
born” they only notify the U. S. Immigration Service
if a person is involved in a high grade misdemeanor or
a felony and also is “foreign born”. Parks said
the officers do this “by placing an asterisk on the
booking slip that goes to the consolidated booking system
with the sheriffs, the INS has the ability if they choose
to evaluate the foreign-born arrestees to evaluate their
status.” Parks also said “we take crime reports
from people ..regardless of their status and we investigate
and if they are the victim of a crime, without questioning
about their “status”.
Edith Perez was asked about how the LAPD views “status”
in the enforcement of gang injunctions on illegal alien
gang members who have been identified as law breakers,
she said “we don’t enforce immigration laws
we don’t enforce zoning laws and we don’t enforce
building and safety codes laws too.” There are other
jurisdictions that enforce those laws. “Our City
Attorney (James Hahn) has agreed that the Special Order
40 can continue to exist as it is.” This is the responsibility
of the INS. We don’t have the resources, we don’t
have the training.
When asked what a citizen is to do when being stalked
by an illegal alien gang member who had served jail time
and was deported four times but kept coming back, the
Police Commission President Edith Perez said “I would
say that he needs to talk with the INS. That is within
their jurisdiction. That is not within our jurisdiction.
It is unfortunate, but there are just as many crimes committed
by persons who are here legally.”
Regarding the Courts recognizing illegal alien gang members
when they issue gang injunctions Edith Perez said “the
judges don’t determine the “status of the particular
gang member.” She went on to say, “the Courts
are following the injunction. The injunction to be valid
does not have to state the “status” of every
gang member.
In response to INS District Director Richard Rogers allegations
that the LAPD was not reporting misdemeanor crimes by
illegal aliens to the INS Chief Parks said the only report
high-grade misdemeanors the difference being between vandalism
and theft. “We do an in-the field-release on a minor
misdemeanor crime then the INS would not have the information.”
# # # #
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