LAPD's Special Order 40 on immigrants upheld by court [Updated]
An appeals court Wednesday upheld the Los Angeles Police Department’s Special Order 40, a policy governing how officers interact with immigrants.
The three-judge panel of the California Court of Appeal unanimously agreed with a lower court’s decision to throw out a lawsuit in which a Los Angeles man had argued that the LAPD’s policy violated federal and state laws.
In place since 1979, Special Order 40 prohibits LAPD officers from initiating contact with someone solely to determine whether they are in the country legally.
Police Chief Chief William J. Bratton and others before him have said the policy is an important tool, as it encourages undocumented immigrants who witness crimes to assist police without fear of being deported.
The judges rejected the claim of the plaintiff, Harold Sturgeon, that the order violates a federal statute, which prohibits restrictions on the exchange of information between federal immigration agents and other law enforcement officers.
They said he failed to show any instances in which officers had been punished by superiors or otherwise discouraged from passing on information.
The LAPD’s policy, the judges emphasized, does not place any limits on the information that officers can pass on to federal agents regarding a person’s immigration status.
[Updated at 5:09 p.m. “The decision today really affirms that if LAPD officers feel they need to maintain that trust with the community, that the law allows them to do that,” said Belinda Escobosa Helzer, an attorney with the American Civil Liberties Union of Southern California, which represented community groups that are helped by the policy in the case.]
—Joel Rubin
EDITOR'S PICKS:
Not suprising, not at all. LA is the second largest Mexican city in the world. Now it's official.
Follow Bratton's advice, and get out. Maybe he can get paid with pesos down the road. It won't be long before he or his family are victims. Look at ex chief Bernie Fox, his were killed by illegal Mexicans and he still supports SO 40. Go figure.
The best thing that can be done with LA is to turn it into one big prison like in that movie "Escape From LA". I did, what's YOUR excuse? Trying to fix that place is like sweeping back the ocean with a broom.
Posted by: Jimi | June 18, 2009 at 10:33 AM
The court and those judges reaching this decision should be immediately recalled and would be if the citizenry had any power in this nation. These officers of the law, ARE IN TOTAL VIOLATION OF THE LAW THEY ARE SUPPOSED TO PROTECT AND UPHOLD. Title 8 Section 1325 of the United States Immigration Law Code says, it is unlawfull to facilitate the stay of, harbor, transport or in any way enable an illegal foreign national to stay in the U.S. THEREFORE ALL OF THE JUDGES IN THE PANEL THAT DECIDED THIS, ARE IN "CRIMINAL" VIOLATION OF THE EXISTING LAWS AND SHOULD BE ARRESTED AND PROSECUTED. LET'S HOPE THE DAY WILL COME WHEN THEIR SCOFFIING AT THE LAWS THE CITIZENRY HAVE APPROVED, COMES BACK ON THEIR HEADS.
P.S. AMERICANS MIGHT ASK THESE JUDGES FOR A LIST OF LAWS THAT THEY CAN BREAK, OR IGNORE.
Posted by: Bobby | June 18, 2009 at 10:52 AM
You LA and California residents gave California to Mexico long time ago. You made your bed now lie in it. Arnold said the illegals immigrants are not hurting you financially and he is quite proud of all the free services that are supplied to them at the expense of American citizens. I only wish we could cut federal dollars going to your state. We should be allowed to decide what our tax dollars are spent on just like we decide what charities get our dollars.
Posted by: Leslie | June 18, 2009 at 11:49 AM
Gee. Leslie, you are so confident in putting the blame on Caliifornians for what you say rightly that illegal immigration has done to California. Yet, you evidence a powerlessness to prevent the same thing where you live. Excuse me, but I see state after state, doing the same stuff California has done for years involving illegal immigration---NOTHING.
Posted by: Bobby | June 18, 2009 at 04:08 PM
Illegal criminals, not undocumented immigrants. If you are here illegally you have broken the law, which makes you a criminal.
If you are a criminal you should go to jail or be deported.
Posted by: Tomba | June 19, 2009 at 10:02 PM
I live in California, but don't go to Los Angeles or San Fransisco. I will not give them any business or my money. This country voted and put the Demoncats in charge, so what do you expect. Wait until Obama and Holder send their goons to your door to TAKE our guns away. Vote like a conservative. I WANT MY COUNTRY BACK.....
Posted by: Stewie | June 20, 2009 at 11:01 AM
CA is going down the tubes, BANKRUPT , running out of money, democrats running it down .. And Illegals Taking over...provided with medical treatment, No wonder you guys are BROKE! Dont ask dont tell is the policy in CA, regarding ILLEGALS... THAT"s the problem with CA.
Posted by: DEE | June 21, 2009 at 08:22 PM
FOR the Dem's it's all about votes..If they start offending Illegals by asking their status..that means these Illegals wont get their Illegal ballot and vote for dem's..It's all about racking up the votes.... can't offend anyone ...but we can let them take advantage of us, infringe upon our freedoms....give em health care that AMERICANS dont even get.. All the democraps want is their VOTES...
Posted by: DEE | June 21, 2009 at 08:24 PM
No jobs for Americans and coddling illegals at every turn. Thats why I took my money and ran. CA is dump now and will never be the same. I cried for a week after I was forced to move from my home state. But, I will not support a state that doesn't stand for or support the AMERICAN way of life. Rid the country of illegals NOW!!!!!
www.numbersusa.com
Posted by: madas hell | June 23, 2009 at 09:23 AM