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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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