Otero County Sheriff Department forced to change policies

ALBUQUERQUE — A landmark settlement with the Otero County Sheriff’s Department and some Chaparral, N.M. families last month has forced the law enforcement agency to change its policies, and to improve the way its deputies treat the Latino community in this Southern New Mexico border town.

 If it hasn’t already changed the way other border town law enforcement is handled, it should, said David Urias, staff attorney and counsel for the Mexican American Legal Defense and Educational Fund. MALDEF and the American Civil Liberties Union took on the case against Otero County on behalf of five families. The lawsuit alleged deputies raided homes in Chaparral without search warrants, interrogated families without evidence of criminal activity, and targeted households on the basis of race and ethnicity. 

"The policy has not led to policy changes in other agencies yet, but we expect it will have an impact on neighboring communities," Urias said. "Once other neighboring agencies realize that Otero County’s policies allow for effective enforcement of local laws, while being cognizant of the rights of the Latino community, they will realize that such policies are of utmost importance in border communities."

The goal of modifying the policies was to remind local deputies that they are not immigration officials, and that their jobs were different than border patrol officers.

"The case settled after the Sheriff’s Department agreed to revise Operational Procedures that are intended to ensure that the rights of all Latinos living in the County would be protected and that they would not become the targets of immigration-related investigations and detentions without justification. Otero County also agreed to pay the families who brought the case monetary damages and an amount to cover their attorney’s fees and the costs of the suit.

"Local law enforcement officials have an obligation to protect the community and every member in that community, regardless of whether they have committed a civil violation of immigration law by not having authorization to be in the country," Urias said. "Once local officers come to that realization, they can then focus on real law enforcement and have the trust of the community they rely on to do their job well."


In nearby Dona Ana County, the sheriff’s department has had procedures in place for years that differentiate the roles of the deputies and the border patrol, Sheriff Todd Garrison said.

"We are comfortable with the way we are dealing with this issue," he said. ""I am not sure as to how long they have been in place for the county, but I have been in law enforcement in this county for over 20 years (with city, state and county law enforcement) and I have always dealt with this issue the same way. … and that means protecting everyone’s civil rights while enforcing the laws."

Garrison also said that in law enforcement it’s always a good idea to change policies as times change.

"I don’t believe there is only one way to do the right thing," he said. "(We) are always looking for the best way to conduct business and at times this may include changing the way we have done things in the past."

While the policies were negotiated specifically for the situation that was occurring in Otero County, Urias said he doesn’t see any reason why the policies could not serve as a model for other agencies that may have within their jurisdiction immigrant communities.

Bernalillo County Sheriff Darren White said last year that it would be "inappropriate" for deputies in his department to seek out immigrants solely because they might be here illegally.

Civil rights advocates say the agreement in Otero County will help restore community trust in local law enforcement and greatly improve the safety of all people living in the County. 

ACLU Executive Director Peter Simonson said, “The sheriff’s department worked with us to draft a policy that draws clear boundaries around what are and what are not the responsibilities of local law enforcement officers when they encounter immigrants.  It was drafted with one thing in mind: maximizing public safety. This is a smart policy that stands as an example to all other law enforcement agencies around the state.” 

The Sheriff’s Department denied any wrongdoing, but agreed to revise policies in order to provide more effective law enforcement to its constituents and to focus its attention on persons suspected of committing crimes.

The Otero County Sheriff’s Department operational procedure regarding the legal complaint and other relevant documents can be found online.