'Sanctuary' Laws Stand in Justice's Way

Some of the most dangerous thugs preying on immigrant communities in Los Angeles are in this country illegally. Yet the Los Angeles Police Department cannot use the most obvious tool to apprehend them: their immigration status.

Dozens of gang members from Mara Salvatrucha, a ruthless Salvadoran prison gang, for example, have sneaked back into town after having been deported for such crimes as murder, assault with a deadly weapon and drug trafficking. Police officers know who they are and know that their mere presence in the country after deportation is a felony. Yet if an LAPD officer arrests an illegal gangbanger for felonious reentry, it is the officer who will be treated as a criminal for violating an LAPD rule.

That rule, Special Order 40, prohibits officers from questioning or apprehending someone only for an immigration violation or from notifying the immigration service (now known as Immigration and Customs Enforcement) about an illegal alien. Only if the person has been booked for a nonimmigration felony or multiple misdemeanors may officers even inquire about his immigration status.

Such "sanctuary" rules, replicated in cities with a high number of immigrants, are a testament to the political power of immigrant lobbies. "We can't even talk about" illegal alien crime, a frustrated LAPD captain said. "People are afraid of a backlash from Hispanics."

Police commanders may not want to discuss the illegal-alien crisis, but its magnitude for law enforcement is startling: 95% of all outstanding warrants for homicide in Los Angeles (which total more than 1,200) are for illegal aliens, according to officers. Up to two-thirds of all fugitive felony warrants (which total 17,000) are for illegal aliens. The leadership of the Columbia Li'l Cycos gang, which has used murder and racketeering to control the drug market around MacArthur Park, was about 60% illegal aliens in 2002, says a former assistant U.S. attorney who prosecuted them in 2002.

Good luck finding any reference to such facts in "official" crime analysis. The LAPD and the Los Angeles city attorney recently obtained a preliminary injunction against drug trafficking in Hollywood. The injunction targets the 18th Street gang and, as the press release puts it, "non-gang members" who sell drugs in Hollywood on behalf of the gang.


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