Garduño questioned White extensively on his approach to crime, including the use of predictive modeling, which White had mentioned as one of the techniques he finds promising in police work. Garduño wanted to know how it relates to racial profiling.

“What concerns me…with predictive modeling [is the idea that] we can predict what a criminal looks like, what a criminal is, and what a criminal might do,” Garduño said, “and in fact…the literature I’ve read …predictive modeling leads to another area that I’m very concerned about, and that is profiling.”

White replied that he shared concerns about profiling, and had issued guidelines just before leaving the Sheriff’s job that prohibit racial profiling.

“I agree, there is no place for that in law enforcement,” he said. He later gave Garduño his word that racial profiling wouldn’t occur in the Albuquerque Police Department.

Councilor Ken Sanchez continued in that vein by asking White to explain his attitude about “undocumented foreign nationals.”

Sanchez read the APD policy that Mayor Richard Berry said during his campaign made Albuquerque a “sanctuary city,” and asked if it “stands” under White’s direction. Here is what the policy states:

“Officers shall not inquire about or seek proof of a person’s immigration status unless the person is in custody or is a suspect in a criminal investigation for a non-immigration criminal violation and the immigration status of the person or subject is pertinent to the criminal investigation.”

White said that it is currently being followed and that there would be discussions about how or whether it should be changed down the road.

In response to a question by Councilor Brad Winter, he also said he agreed with how the police department is currently operated.

Winter reminded him that Mayor Richard Berry ran on a platform that property crime was out of control, and asked him if he thought that was a problem and whether or not the police department had been tackling it correctly over the last couple of years.

Property crime is a very bad problem, White said, but the police department has taken “very pro-active steps” over the past couple years to tackle it.

White also answered a number of other questions, including police morale, and the red-light camera program. You can see that part of the city council meeting on Gov-TV, here. If you let it download completely, you can fast forward to White’s session with the council, which is a little over three hours into the meeting.

Detail of Richard Berry campaign mailer about crime

Albuquerque mayoral candidate Richard “R.J.” Berry is distorting the Albuquerque Police Department’s policy on immigration, officials say, and that could weaken the trust the department has worked to gain among the city’s immigrant community.

Without that trust, victims or witnesses may be less likely to report crimes and cooperate with police investigations.

At issue is a recent piece of campaign mail sent out by the Berry campaign, linking crime in the city with a 2007 change in APD policy on immigration status.

The card features a map with a large arrow pointing from below the New Mexico border, north toward Albuquerque, next to the words “CRIME UP.” To the right of the map is language that accuses Chavez of creating a “sanctuary city” that “attracts criminals,” presumably from Mexico.

APD allows officers to question a person’s immigration status only if it is pertinent to a criminal investigation. The department does not report that information to federal authorities. Instead, federal immigration authorities check immigration status automatically when people are booked into the Metropolitan Detention Center.

But Berry is distorting APD’s policy, department spokesperson John Walsh says.

“People are mixing this up terribly,” he said. “Nothing has changed about how we’re doing law investigation. Officers have the leeway to inquire into immigration status during criminal investigations. [Our policy] ensures that all victims and witnesses feel they can report a crime without fear of being deported.”

Deportation is a very real fear for the immigrant community that is being dragged into Berry’s public safety agenda, says one local faith leader.

“The flyer implies that Albuquerque is a sanctuary city, which it isn’t,” Reverend Daniel Erdman, outreach coordinator of the New Mexico Conference of Churches, says. NMCC works on a variety of issues, including youth development and  immigration reform.

“I’m not even sure what that means, but Albuquerque isn’t that. People are deported from here every day,” Erdman says.

“If he means [his flyer] to be about public safety, he shouldn’t drag the entire immigrant community into it or make the false claim that immigrants who commit crimes aren’t prosecuted,” he continued. “They are prosecuted. And immigrants are as concerned as anyone else about safety.”

Adrian Pedroza, executive director of the Albuquerque Partnership, a community group that works with at-risk youth, said the flyer’s language tying crime to immigrants could stoke increased antipathy toward immigrants.

“It’s unfortunate that any political candidate would use such tactics. …People who read it and who don’t have regular contact with immigrants could come away with hateful feelings toward the immigrant community,” he said.

Asking about immigration status is tricky

Front of Richard Berry campaign mailer

“How does an officer make a judgment about when to ask for immigration status?” Walsh asks rhetorically.  “When the person only speaks Spanish? Due to the color of their skin? No, that would be immoral and illegal. It has to only be on the pretext of a criminal investigation.”

APD officers doing criminal investigations inquire about immigration status all the time, Walsh says.

For example, he explains, in the case of a rape or kidnapping, an officer might ask about immigration status in order to know where the accused person might flee if he goes on the run. Or if there’s a suspicion of drug trafficking, an officer could ask about immigration status to help determine where drugs might be coming from.

But immigration status shouldn’t be asked of witnesses or victims who report crimes, or in routine points of contact, like traffic stops, he says.

“It is very, very important that a professional department handle itself properly.”

The intent of the policy is to ensure complete criminal investigations, while preventing profiling and ensuring that crimes get reported by victims and witnesses.

“You have young ladies and children falling victims to child abuse and rape who we don’t want to be afraid to call police because their immigration status might be questioned,” he explains.

Berry wants a policy similar to Bernalillo County’s

Asked if Berry thinks the rise in property crimes in Albuquerque can be linked to the immigrant population, as his mailer implied to some, Berry campaign spokeswoman Dana Feldman said only that the mailer is about Berry’s overall public safety agenda, which has highlighted both property crime and the APD immigration policy.

Berry says on the stump that APD doesn’t allow its officers the leeway they need to find out if a person is legitimately in the United States, and, if not, to report them to federal immigration authorities.

“When police officers run across a situation where they think public safety is well served by inquiring, they should have the authority to do so,” Berry told the Independent earlier this summer.

If he’s elected mayor, he says he’ll ensure APD has a policy similar to the Bernalillo County Sheriff’s department.

That policy doesn’t allow officers to stop and question a person “solely” on the grounds that they might be “deportable immigrants,” but once an arrest is determined to be necessary, officers are instructed to inform a supervisor who will notify federal authorities.

Former State Senate President Pro Tem Richard Romero said that State Rep. Richard Berry’s charge that Albuquerque is a “sanctuary city” is a “politically-charged wedge issue” meant to serve no purpose other than to divide the community.

Berry has been campaigning on the theme that the Albuquerque Police Department’s policy of not questioning people about their immigration status when making routine stops or when answering calls for assistance makes it a magnet for criminals. He’s spoken about at campaign forums, called a press conference to discuss it early in the summer, and has sent out mail pieces about what he terms the city’s “sanctuary city” policies.

Here is the full statement Romero released Friday:

As I have been saying throughout this campaign, this is a politically-charged, wedge issue that serves no good purpose in our political debate other than to divide the community.

The border patrol and immigration customs enforcement—or ICE—are in full operation in our city, working with the courts and jail system to deal with criminals on a daily basis.

We don’t need our police doing the work of federal immigration enforcement. We need our police doing gang intervention work and community policing that works to reduce our growing rates of property crime.

Albuquerque is one of the most cultural cities in America. We pride ourselves on our diversity. We market our tourism based on our culture. As Mayor, I would continue to promote our community as a cultural tourist destination and not let politically-charged issues such as using the term ‘Sanctuary City’ hurt our progress.

Two of the claims–about trollies and immigration–in a recent radio ad for incumbent Mayor Martin Chavez are “provably false,” according to a “fact check” e-mail sent out by the campaign of one of Chavez’ opponents, RJ Berry.

The Berry campaign says that in the radio spot Chavez disavowed support for a “modern streetcar/trolley system” in Albuquerque, and that he claimed Albuquerque is not a “sanctuary city.” Both of these claims are untrue, Berry’s statement said, citing numerous newspaper articles.

The radio spot in question was provided to the Independent by the Chavez campaign. It has the theme “politics as usual” and seeks to debunk campaign statements by Chavez’s opponents that “distort the truth.”

You can listen to it here.

Here is what the ad says about the streetcar proposal that has been debated in the city for a number of years now:

Mayor Martin Chavez has never supported a trolley system. He does support a modern light rail, but only if passed by the voters.

And on the topic of Albuquerque being a “sanctuary city” when it comes to undocumented immigrants, the ad says:

All individuals that are arrested and are here illegally are reported to immigration for deportation.

Mass transit

The question of what exactly Mayor Martin Chavez has supported by way of a rail system may be a matter of semantics: “streetcar,” “trolley car,” or “light rail.”

The City of Albuquerque website describes the proposed mass transit project as a “modern streetcar,” and here is how the project is described:

A streetcar is an electrically powered, 66-foot long, 8-ft wide mass transit vehicle.  Each vehicle can carry up to 150 passengers. It shares the existing roadway lane with vehicles on steel rail tracks set within the pavement.

How do they work?

Streetcars feature a pole that touches an overhead wire, called catenary. Once the power reaches the streetcar through the trolley pole, it is fed to motors, which are called traction motors that are located on each wheelset. The overhead wire, or catenary, isn’t as eye catching as one might imagine. Like street light poles, the catenary poles come in decorative styles that add to streetscapes. …

Albuquerque Police Department policy about questioning immigration status

In the news release, the Berry campaign says “Albuquerque has been referred to as a “sanctuary city” after the Chavez administration prohibited police from checking the immigration status of people in their custody, except in very limited cases, such as human trafficking.”

The Independent reported on the sanctuary city claim by the Berry campaign in June, when Berry said the city’s policy was partly to blame for the violent robbery of a crowded west side Denny’s Restaurant during which a worker at the restaurant was killed.

The policy itself says that police officers can ask a person about their immigration only if its relevant to a criminal investigation. And, Chavez administration spokesperson Deborah James told the NMI in June that nothing prevents police from investigating and arresting someone for a crime, regardless of their immigration status.

Federal immigration authorities check the immigration status of people who are arrested and booked into the metropolitan detention center.

Advocates for immigrant rights told NMI they agree with Chavez that Albuquerque isn’t a “sanctuary city,” saying the police department’s policy about checking immigration status was more accurately an anti-discrimination policy. As I wrote in June:

“We don’t have sanctuary cities in New Mexico,” said Rachel LaZar, executive director of El Centro de Igualdad y Derechos. …

APD’s policy regarding questioning people about their immigration status is better thought of as an anti-discrimination policy, LaZar said. And without it, undocumented immigrants are unlikely to report a host of various crimes — like sexual assault or child abuse — for fear of being deported.

“Ask the hundreds of immigrants families that have been separated in Albuquerque if we live in a sanctuary city, and you will hear a resounding, ‘no,’” she said. “There’s nothing that affords sanctuary from Immigration Customs and Enforcement here.”

Here are the statements of the New Mexico Conference of Churches, the Hispanic Ministries for the Archdiocese of Santa Fe, the Albuquerque Partnership, El Centro de Igualdad y Derechos, the New Mexico Coalition Against Domestic Violence, and other advocacy organizations.

“At a time when we should be coming together to morn the tragic death of a community member, it is unfortunate that there are those who would use this issue to further a political agenda,” said Barbara Dua, executive director of the statewide New Mexico Conference of Churches. “This is a time for us to unite, not be divided by fear mongering.”

Deacon Juan Barajas, director of Hispanic Ministries for the Archdiocese of Santa Fe, said,  “Incidents like this actually point to the need to keep current policies so that limited resources can be focused on those few who do put our community at risk, not on targeting hard working families who share are American values.”

Adrian Pedroza, executive director of the Albuquerque Partnership, a Latino-led advocacy-based coalition, added, “These individuals acted alone and do not represent our community and they must be held accountable. Campaigns like this have had a chilling impact on Hispanic/Latino communities across the country, resulting in increased discrimination, hate crimes, and racial profiling.”

Rachel LaZar, executive director of El Centro de Igualdad y Derechos, a local immigrant rights’ organization, pointed to “ misinformation” that, according to her, is being proliferated regarding current policies.

“There are no sanctuary cities in New Mexico,” LaZar said.  “What we do have in Albuquerque are policies that are conducive to community policing, public safety and that foment integration and inclusiveness. There is nothing in current policies that tie the hands of the police from arresting anyone, regardless of immigration status, who commits a crime and threatens public safety nor prevents or discourages the police from collaborating with Immigration Customs and Enforcement (ICE) when it is pertinent to case. In addition, ICE has a permanent presence in our local jail.”

Finally, Lynn Rosenthal, executive director of the New Mexico Coalition Against Domestic Violence, said, “Our fear is that all victims of crime, regardless of their immigration status, need to be able to come forward to report those crimes to law enforcement.  If folks in the community feel as if our local police are doing the work of immigration officials it would discourage a victim of crime from coming forward.”

Richard "R.J." Berry at a press conference outside city hall.

ALBUQUERQUE — In the wake of a violent robbery at a crowded Denny’s restaurant on the West Side that left one person dead, Albuquerque mayoral candidate Richard “R.J.” Berry and the state Republican Party said this week that police policies regarding immigrants are partly to blame for the crimes.

At a press conference Wednesday, Berry said Albuquerque Police Department (APD) procedures are those of a “sanctuary city,” because officers are only permitted to inquire about an individual’s immigration status when it’s pertinent to a criminal investigation.

APD should instead operate under rules more like those of Bernalillo County, he said, which allow officers to report a suspected undocumented immigrant once an arrest is made, regardless of what the arrest was for.

“When police officers run across a situation where they think public safety is well served by inquiring, they should have the authority to do so,” Berry told the Independent after the press conference.  “As mayor, I’ll return to common sense policy.”

Berry raised the issue in the context of the Denny’s robbery and murder, the suspects of which are undocumented immigrants who have had previous encounters with police. One suspect, Pablo Ortiz, had been arrested for DWI in May 2008; the arresting officer didn’t ask him about his immigration status. Ortiz spent 46 days in jail, was released and then agreed to “voluntary deportation.” He was sent back to El Salvador last August, but then returned to New Mexico, although authorities don’t know how or when.

The executive director of the state Republican Party, Ryan Cangiolosi, also weighed in on the issue, saying in a statement yesterday that the Denny’s incident was the “inadvertent fruit” of a policy change a few years ago that serves to “preclude police officers from inquiring about or seeking proof of an individual’s immigration status.”

APD changed its standard operating procedure in 2007 as part of a settlement of a 2005 lawsuit brought by the Mexican American Legal Defense and Educational Fund. The lawsuit alleged that the civil rights of three Del Norte High School students were violated when they were detained on campus until immigration officials could question them.

The updated policy allows police to question a person about his or her immigration status only if in the officer’s opinion it’s relevant to a criminal investigation or if the person has already been arrested.

Cangliosi said yesterday that the issue of relevance is a problem.

“One of the gang members allegedly involved in Saturday’s shooting was arrested in 2008,” he said.  “Since he was arrested on the suspicion of driving while intoxicated, the officer did not believe the gang member’s immigration status was relevant and federal authorities were not notified.”

But Deborah James, spokeswoman for Mayor Martin Chavez, said blame in the Denny’s case lies with federal immigration authorities, who are supposed to check the immigration status of every person arrested and booked into the Metropolitan Detention Center, which is run by Bernalillo County. In the case of Ortiz, that apparently didn’t happen, she said.

“The mayor has asked them to have someone there on a more full-time basis,” James said. “We don’t have any authority over the jail. We make the arrest, but if immigration authorities aren’t following through, or if the courts let them go, we have no jurisdiction.”

James said nothing stops police officers from investigating and arresting people who break the law, but added that the city’s policy prevents officers from investigating someone’s immigration status simply because they have a Hispanic name.

“Albuquerque is definitely not a sanctuary city,” James said. “But we are a city that celebrates our diversity. We strongly believe that Richard Berry and the Republican Party are endorsing racial profiling, and as a city government we feel that is absolutely the wrong approach.”

A representative of the Berry campaign responded that the policy Berry advocates would specifically prohibit racial profiling and would include an extra layer of supervision for officers on the street. Berry believes in the integrity and judgment of the officers, the representative added.

As for the term “sanctuary city,” Berry said he doesn’t have a definition, but is simply using it to reference the debate that surrounded the 2007 APD policy change.

At that time, the Republican party erected billboards throughout the city lampooning Mayor Chavez for turning Albuquerque into a “sanctuary city” that welcomes “criminal illegal immigrants.”

An Albuquerque-based immigrant rights leader agrees with James that the term is not applicable.

“We don’t have sanctuary cities in New Mexico,” said Rachel LaZar, executive director of El Centro de Igualdad y Derechos.

“Far from providing sanctuary, people are getting deported on a daily basis in Albuquerque,” she continued.

Tens of thousands of immigrants moved through New Mexico in federal detention centers, she said.

APD’s policy regarding questioning people about their immigration status is better thought of as an anti-discrimination policy, LaZar said. And without it, undocumented immigrants are unlikely to report a host of various crimes — like sexual assault or child abuse — for fear of being deported.

“Ask the hundreds of immigrants families that have been separated in Albuquerque if we live in a  sanctuary city, and you will hear a resounding, ‘no,’” she said. “There’s nothing that affords sanctuary from Immigration Customs and Enforcement here.”