May 5, 2006


From the Desk of Judicial Watch President Tom Fitton:

JW Files Lawsuit Against LAPD Over Illegal Immigration Sanctuary Policy

 

I’m back from California after traveling there to announce the filing of another milestone Judicial Watch lawsuit.  Once again, Judicial Watch is right in the middle of one of the most important issues facing the country -- illegal immigration.  On May 1, Judicial Watch filed a taxpayer lawsuit against the Los Angeles Police Department (LAPD) seeking to overturn its sanctuary policy for illegal aliens, known as “Special Order 40.”  On Tuesday, I held a press conference with our own Ernie Norris in Los Angeles announcing the lawsuit, which led to a tremendous amount of press coverage.  (Ernie Norris, a former LA assistant district attorney, is based out of our San Marino, CA office.)  In addition to all of the major local news and radio stations, the Los Angeles Times and the Associated Press both picked up the story. 

 

This is the second Judicial Watch lawsuit against the LAPD over Special Order 40.  The first, filed on March 15, was over the police department’s refusal to turn over documents pertaining to how the policy was crafted and implemented.

 

Special Order 40 is a policy that was initiated in 1979 by former Los Angeles Police Chief Daryl Gates.  It reads, in part, as follows:  “Officers shall not initiate police action with the objective of discovering the alien status of a person.  Officers shall not arrest nor book persons for violation of Title 8, Section 1325 of the United States Immigration Code (Illegal Entry).”  According to a Board of Police Commissioners report, in practice, the policy also prevents police officers from even reporting illegal immigrants to federal immigration officials.

 

Correct me if I’m wrong, but isn’t it the job of our police officers to enforce the law, including immigration laws?

 

Members of Congress thought so.  That’s why in 1996 they enacted legislation preventing police departments from restricting cooperation between police officers and federal immigration officials.  California legislators thought so as well.  They passed a law requiring that police officers enforce immigration laws.  They even laid out in detail the policies that must be followed when an officer encounters an illegal alien.

 

So why did the LAPD implement such a seemingly nonsensical, and certainly illegal, policy?

 

The excuse for Special Order 40, and other so-called sanctuary policies, is to foster better relations between police officers and the immigrant community, but the real-world results are devastating.  Criminal illegal aliens continue to commit heinous crimes against law-abiding Americans.

 

So much for “protect and serve.”  I’ll have much more on this lawsuit in the coming weeks.

 

Voters Oust Proponents of Illegal Day Laborer Site

 

I’ve said all along that I believe there is a major disconnect between the American people and our elected officials over the issue of illegal immigration.  This week’s elections in Herndon, Virginia prove my point.  Herndon’s Mayor and three council members who supported a taxpayer-funded day laborer site for illegal aliens were all thrown out of office and replaced with challengers who campaigned against the facility.  Only two incumbents were re-elected and one of them voted against the day laborer site, which provides job assistance and training for illegals.  Though our lawsuit was an issue in the election, Judicial Watch was not involved in the election, and we do not support nor endorse candidates for public office.  

 

The Washington Post described the election as a “mini-referendum on the turbulent national issue of illegal immigration.”  The result came as no surprise to me.  According to a recent Gallup poll, 80% of Americans want our elected officials to get tough on illegal immigration.  Why, then, do some politicians insist on pushing proposals, such as amnesty, day laborer sites and sanctuary policies, that will only serve to make the problem worse?  Even though Herndon will soon be governed by avowed opponents of the day labor site, our lawsuit will continue.  As long as Herndon and the County of Fairfax continue to use taxpayer resources to support the illegal hiring of illegal immigrants, we will be in court on behalf of outraged citizen taxpayers.

 

In fact, today we filed an amended complaint in our lawsuit to shut down Herndon’s day laborer site.  Click here to check it out.  Also, feel free to take a look at an op-ed I wrote for the Longmont Daily Times-Call on the subject of illegal immigration and law enforcement.  (I was recently invited to write a bi-weekly column for the Colorado newspaper.)

 

 

Until next week…

   

Tom Fitton
President

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