The local ordinance known as "Special Order 40" that bars police officers in L.A. from checking immigrant status in typical crime investigations is upheld in a state appellate court.
The idea behind Special Order 40 is that it makes for a smoother and healthier relationship between local police and local communities if people who are, say, reporting or helping out with criminal investigations don't have to fear legal repercussions based on their immigration status everytime they choose to talk to police.
Details from the L..A. Daily News:
A state appellate court Wednesday upheld the validity of the LAPD's Special Order 40...In affirming a lower-court ruling, the three-judge panel said the 30-year-old order strikes the appropriate balance between immigrants' rights to equal protection and the Los Angeles Police Department's need to protect communities.
In 2006, a conservative organization and a Los Angeles resident filed suit to challenge Special Order 40, saying it violates federal immigration law and asking the court to prevent the use of taxpayer money to enforce the order.
The American Civil Liberties Union...lauded the ruling by the California Court of Appeals. "Immigrants in Los Angeles no longer have to worry that they will be forced to choose between personal safety and their future," ACLU attorney Belinda Escobar Helzer said....
Former Chief Daryl F. Gates adopted Special Order 40....It has been supported by every chief since then, including Chief Bill Bratton.
The conservative legal organization Judicial Watch, behind the anti-Special Order 40 lawsuit, tries to make their case, and gathers many of the legal filings.
The California Court of Appeals decision can be found here.
I wrote about the initial filing of this suit for Reason magazine back in 2007. And back in April 2005, I defended Special Order 40 on Fox's The O'Reilly Factor.
The image associated with this post was taken by Flickr user Sohum. It was used under user Creative Commons license.
4 Comments
Good to see someone standing up for massive illegal activity, criminality, corruption, and subsidies to corrupt businesses. At least it keeps Reason Magazine busy not defending polluters or Chinese toys containing lead.
Why would anyone want to close the lines of communication between police and residents? It's a fact that some of these people are going to be here illegally, so why try to stop them from keeping our streets safe? It is not a perfect system but until we can find another way this is the best option availiable.
Brian, you characterize SO 40 as preventing police from "checking immigrant status." From my understanding, that's not right. What SO 40 does is prevent cops from initiating a stop for the purpose of inquiring about immigration status. There's nothing in SO 40 that would prevent an officer from inquiring or checking immigration status after a stop was initiated for some other legitimate reason.
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As someone who had no idea Special Order 40 even existed, I have to say I am impressed by its longevity in the face of the various anti-immigrant movements of the last thirty years. However, I am left wondering how much the Special Order has actually improved relations between local immigrant communities and their respective police force. The mistrust existing on both sides continues to run deep enough that many immigrant families today still reach out to their friends for help before seeking protection from the law.
Special Order 40 is a fantastic ordinance. It might be time, however, to build on it.