>> >>PEGGY: IMMIGRATION REFORM IS A HOT TOPIC IN CALIFORNIA, ESPECIALLY HERE IN SAN DIEGO
COUNTY.
JOINING ME WITH DETAILS ON HOW REFORM IS SHAPING UP IN OUR BORDER TOWN IS UC DAVIS IMMIGRATION
LAW PROFESSOR, GABRIEL CHIN.
THANK YOU SO MUCH FOR BEING HERE.
PROFESSOR CHIN, ONE FEDERAL PROGRAM THAT'S GOT AN LOT OF ATTENTION HERE LOCALLY IS CALLED
THE SECURE COMMUNITIES WHICH JUST TO REMIND PEOPLE CALLS FOR MANDATORY IMMIGRATION CHECKS
FOR PEOPLE WHEN THEY'VE BEEN BOOKED INTO JAIL, BUT WHAT CAN HAPPEN FROM THAT MY UNDERSTANDING
IS THE ACCUSE COULD ACTUALLY BE SENT TO TURNED OVER TO FEDERAL BORDER AGENTS AND DEPORTED.
>> >>: ABSOLUTELY.
>> >>PEGGY: IS IT LOCAL LAW ENFORCEMENTS' LAW PLACE TO WORK ON FEDERAL IMMIGRATION ISSUES?
>> >>: IT'S A FINE LINE.
I DON'T THINK THAT THERE'S MUCH CONTROVERSY WHEN WE'RE TALKING ABOUT NON CITIZENS WHO
HAVE COMMITTED SERIOUS FELONIES THAT THEY SHOULD BE PUT INTO DEPORTATION PROCEEDINGS,
BUT THE PROBLEM IS WHEN YOUR ARE TALKING ABOUT PEOPLE WHO HAVE COMMITTED MINOR OFFENSES,
TRAFFIC OFFENSES SHOULD THEY BE SCOOPED UP AND PUT INTO DEPORTATION PROCEEDINGS.
THE ANSWER FOR A LOT OF PEOPLE IS NO.
>> >>PEGGY: ONE PARTICULAR CAVEAT OF THIS IS RACIAL PROFILING, ESPECIALLY WHEN WE'RE
TALKING ABOUT SB1070.
>> >>: LAWS LIKE SB1070 TILL TYPICALLY SAY THE POLICE AREN'T ALLOWED TO TAKE INTO ACCOUNT
RACE, COLOR OR NATIONAL ORIGIN, EXCEPT AS PERMITTED BY THE U.S. CONSTITUTION OR BY THE
STATE CONSTITUTION.
THE THING IS THAT THE U.S. SUPREME COURT HELD IN A CASE THAT POLICE CAN TAKE INTO ACCOUNT
APPARENT MEXICAN ANCESTRY, THE FACT THAT SOMEBODY LOOKS LIKE THEY ARE PROBABLY MEXICAN IN DETERMINING
WHETHER THERE IS SUSPICION THAT THEY'RE IN FACT A AN ALIEN.
>> >>PEGGY: WHAT ABOUT IF YOU LOOK ASIAN OR SERBIAN?
>> >>: THE CASES AND I THINK THIS IS VERY UNFORTUNATELY, THE CASES TALK ABOUT APPARENT
MEXICAN ANCESTRY, NOT APPARENT CANADIAN ANCESTRY, NOT APPARENT OTHER ANCESTRY.
THE REASON IS I THINK BECAUSE OF THE PROXIMITY OF THE MEXICAN BORDER.
>> >>PEGGY: YOU SAID IT'S NOT A CRIME TO BE IN THE UNITED STATES WITHOUT AUTHORIZATION.
THAT IS NOT THE CRIME.
TELL US MORE ABOUT THAT.
>> >>: THAT'S ABSOLUTELY TRUE.
IT IS A CRIME TO CROSS THE BOARD WITHOUT AUTHORIZATION.
AND IT'S ALSO A FELONY TO ENTER THE UNITED STATES OR BE IN THE UNITED STATES IF YOU'VE
ALREADY BEEN DEPORTED.
BUT IF YOU COME INTO THE UNITED STATES ON A NON IMMIGRANT VISA, TOURIST VISA, STUDENT
VISA, AND YOU STAY, OVER STAY YOUR VISA, EVEN AFTER IT'S EXPIRED, THAT'S NOT A CRIME.
IF YOU CROSS THE BOARD ILLEGALLY, AND STAY, JUST BEING IN THE UNITED STATES, REMAINING
IN THE UNITED STATES IS NOT IN AND OF ITSELF A CRIME.
>> >>PEGGY: THAT IS TRULY SURPRISING.
A LOT OF PEOPLE WOULD SAY WHAT'S WRONG WITH LOCAL POLICE COMING BACK TO THIS SECURE COMMUNITIES
LAW, WHAT'S WRONG WITH LOCAL POLICE HELPING FEDERAL POLICE ENFORCE THE FEDERAL LAW?
>> >>: WELL, THERE'S TWO MAJOR PROBLEMS.
ONE IS FROM THE PERSPECTIVE OF THE POLICE.
LOCAL POLICE, THEIR JOB AS THEY SEE IT IS TO KEEP THE COMMUNITY SAFE TOO, PROTECT PUBLIC
SAFETY, PREVENT CRIME.
AND IF LOCAL POLICE WERE INVOLVED IN IMMIGRATION WORK, THEN PEOPLE WHO MIGHT GET DEPORTED WON'T
TALK TO THEM.
IF THEY WON'T TALK TO THEM, IF THERE'S A GROUP OF PEOPLE WHO CAN'T TALK TO THE POLICE, THEN
THEY CAN BE RAPED, ROBBED, KIDNAPPED, WITH IMPUNITY.
SO FROM THE PERSPECTIVE OF THE POLICE, HAVING THEM INVOLVED IN THIS KIND OF WORK REALLY
CREATES PUBLIC SAFETY PROBLEMS.
THE OTHER PROBLEM IS FROM THE PERSPECTIVE OF THE FEDERAL GOVERNMENT.
THE FEDERAL GOVERNMENTÊ THE EXECUTIVE BRANCH IS RESPONSIBLE FROM FORCING IMMIGRATION LAW.
AND THERE'S A LOT OF THINGS THAT THEY CAN DO WITH ANY GIVEN ILLEGAL ALIEN FROM DEPORTATION
TO SOME WAYS OF AMNESTY, ASYLUM.
>> >>PEGGY: THERE'S ALREADY A SYSTEM IN PLACE.
>> >>: EXACTLY.
>> >>PEGGY: DO YOU THINK THERE ARE ANY LAWS RIGHT NOW THAT WORK WELL WHEN IT COMES TO
IMMIGRATION, DEPORTATION, AMNESTY SORT OF ISSUES.
IS THERE SOMETHING YOU WOULD SAY THIS IS SOMETHING WITH A LITTLE TWEAKING HERE AND THERE THAT
MIGHT FIX THE ISSUE?
>> >>: THERE WAS A HISTORICAL PROGRAM THAT STARTED IN 1929, AND IT'S STILL ON THE BOOKS.
AND IT'S CALLED REGISTRY.
WHAT REGISTRY DOES IS IT SAYS IF YOU'VE BEEN IN THE UNITED STATES FOR A CERTAIN PERIOD
OF TIME, AND YOU HAVEN'T COMMITTED A CRIME, EVEN IF YOU WEREN'T HERE LEGALLY, YOU GET
TO STAY.
SO LONG AS YOU HAVEN'T COMMITTED A CRIME.
>> >>PEGGY: WE'RE ACTUALLY GOING TO HAVE TO LEAVE IT THERE, I'M SORRY WE'RE OUT OF TIME,
BUT PEOPLE CAN FIND OUT MORE ON OUR WEBSITE, KPBS.ORG.
LAW PROFESSOR GABRIEL CHIN, THANK YOU SO MUCH FOR JOINING US.