Special Order No. 40; I heard of this policy on one of the podcasts that I listen to, and thought that was really smart thinking so I decided to look into its origins. After reading about this I gained a lot of respect and admiration for the late Darryl F Gates, Los Angeles Police Chief 1978 – 1992. While Chief Gates was also known for aggressive policing in LA, he was the one who in the interest of public safety and community collaboration with law enforcement enacted this very important policy for his police department. This rule prohibited LA police officers from initiating contact with anyone for the sole purpose of learning their immigration status and ruled out arrests for violation of U.S. immigration law. Over the years this has been adopted in various forms by many other police departments across the country[i]
Today the Trump administration in its aggressive stance on illegal immigration is looking at this policy and making efforts to withhold federal law enforcement funding from cities and counties that have adopted this policy. There are currently more than 400 sanctuary cities in the US today and whilst the Trump administration’s efforts to force such jurisdictions especially big cities like Chicago, Los Angeles and San Francisco to change policies related to local policing and immigration may have little real impact on decades long policies that police departments believe keep their cities safe, the constant wrangling over such issues is not conducive to the health of both legal and illegal immigrants in this country. Below is a barchart representing US immigrants in the corrections system by crime type.
IMMIGRANTS IN US CORRECTIONS BY CRIME TYPE
The graph does suggest that of the 29,166 immigrants in US correctional facilities accross the country in 2014 only 8% of these were incarcerated as violent offenders. This confirms a well know fact that immigrants do not post a public safety threat to US citizens counter to what the President Trump keeps repeating.
Current LA police Chief Charlie Beck said his department will follow its decades-old policy of keeping officers focused on local crimes, leaving federal violations such as entering the country illegally in the hands of immigration officials. He reported that since January 2017 there has been a 25% drop in sexual assault and 10% reduction domestic violence reports by Latino women. Some counselors involved in cases of domestic abuse involving Latino women reported that some complainants have withdrawn their cases. These withdrawals are due to fears among these women that either they themselves or their abusers could be deported if they went forward with their cases[ii]. The economic benefits of tighter and aggressive immigrations statutes and its impact on public safety in this country has been seen by many individuals involved in these issues to be mostly negative[iii]. That may be why no other person than Darryl Gates a Los Angeles police chief renowned for aggressive policing was the one who proposed and instituted this policy. The one reason why this has been adopted by more than 400 cities and counties across the county is because it keeps our cities safe. Up until his death in 2010 Chief Darryl Gates supported this policy which has come under attack by several presidents and politicians in various municipalities. Special Order No.40 has not only survived close to 40 decades in its city of origin Los Angeles; it has actually been adopted by several cities and counties across the country. If tougher immigration enforcement breeds crime then I believe our law enforcement officials will no better.
GRAPH OF IMMIGRATION AND VIOLENT CRIME
After 38 years Special Order No. 40 a policy enacted by a Los Angeles Police Chief who was accused of racism in several instances still survives today, more than 7 years after his death. Today in America the seed that was planted by Darryl Gates and has flourished and spread far across the country is under attack by the Trump administration. Our president has promised to keep us safe and I would like to believe that he is sincere when he says he is for public safety. Any attempt at using reduction in federal law enforcement funding to force cities to change a policy that most police officers believe works to satisfy a small minority of his electorate is federal overreach and violates the 10th Amendment.
I would like to remind Mr. Trump that he did not win the popular vote he only won 46.1% of the popular vote and Hillary Clinton won 48.2%. A recent poll suggests that only 30% of republicans and 11% of democrats support tougher immigration enforcement[iv]. This suggests that all his executive order on illegal immigration is not supported by a majority of American voters and is mostly unpopular among local law enforcement. I would like to let our president know that we trust the decisions of our local municipalities on how best to keep us safe. I don’t believe Americans want our presidents to determine how our police departments keep us safe
[i] Smith D, Los Angeles Times, Feb. 5th 2017, How LAPD’s Law-and-order chief revolutionized the way cops treated illegal immigration, http://www.latimes.com/local/lanow/la-me-ln-special-order-40-retrospective-20170205-story.html
[ii] Michael Balsamo, The Independent, March 22 2017, Latino population in LA reporting fewer sex crimes over deportations fears; http://www.independent.co.uk/news/world/americas/la-latinos-sexual-assault-reports-drop-donald-trump-immigration-fears-a7642956.html
[iii] Nazgol Ghandnoosh and Josh Rovner, The Sentencing Project, March 17th 2017, Immigration and Public Safety, http://www.sentencingproject.org/publications/immigration-public-safety/#IV. Police Chiefs believe intensifying immigration law enforcement undermines public safety
[iv] Mark Hensch, The Hill March 17 2017, Poll: Most support path to legal status for illegal immigrants, http://thehill.com/homenews/news/324435-poll-most-say-citizenship-path-top-immigration-priority