The Laws Cops Can’t Enforce, By George Gascón (NYT)

OUR next president faces a formidable task. He will be forced to deal with two difficult wars, an economic downturn, higher energy prices and a bankrupt federal immigration policy.

To some, immigration pales in comparison with the wars and the economy. But for others, especially police departments in border states like mine, it is all-consuming. The first priority of the next president should be legislation that addresses the legitimate concerns of both the people who believe our borders are out of control and those who want equal protection for everyone living in this country.

Immigration issues are tearing apart communities. Demagoguery and misinformation are shaping public opinion and in some cases public policy. In the absence of a clear federal policy on immigration, states and cities are enacting draconian and constitutionally questionable laws.

This patchwork of conflicting local immigration laws is creating an untenable situation for police officials who face demands to crack down on immigrants — demands that contradict policing practices that have led to significant declines in crime.

For police officials, refusing to carry out policies that may violate the Constitution can be career-threatening. Both sides in the immigration debate accuse police departments of misconduct in dealing with immigrants. In this politically charged environment, some chiefs are making decisions based on bad politics instead of sound policing. In many cases, police officers are making illegal arrests with the acquiescence and sometimes explicit approval of their superiors.

Here in Arizona, a wedge is being driven between the local police and some immigrant groups. Some law enforcement agencies are wasting limited resources in operations to appease the public’s thirst for action against illegal immigration regardless of the legal or social consequences.

America’s 500,000 police officers are sworn to enforce the law. But we are increasingly unable to do so. Those who want to restrict immigration criticize us for not arresting immigrants for entering the country illegally. Yet others rightly wonder how we can do our job if some residents are afraid to report crimes or otherwise cooperate with the police for fear of deportation.

Without a national immigration policy, a new culture of lawlessness will increasingly permeate our society. In cities, politicians will pressure police departments to reduce immigration by using racial profiling and harassment. At the same time, immigrants who fear that the police will help deport them will rely less on their local officers and instead give thugs control of their neighborhoods.

Many top law enforcement officials were part of the community policing revolution of the 1980s and ’90s. We have a deep concern for constitutional rights and social justice. We believe that effective policing requires residents, regardless of immigration status, to trust the police.

We are also students of the mistakes of our predecessors. Past police practices helped lead to the civil unrest of the 1960s, which tore our nation apart along racial and political lines. We do not want to repeat those mistakes.

If we become a nation in which the local police are the default enforcers of a failing federal immigration policy, the years of trust that police departments have built up in immigrant communities will vanish. Some minority groups may once again view police officers as armed instruments of government oppression.

A wink and a nod will no longer suffice as an immigration policy. Effective border control is a critical step. But so is ensuring that otherwise law-abiding undocumented immigrants have the same protections as everyone else in a modern, free society.

Presidential candidates need to specify the measures on immigration they would present to Congress after Inauguration Day. No doubt, the advisers to John McCain and Barack Obama are counseling them to be vague. That’s the wrong advice.

America’s police officers deserve thoughtful federal leadership so that we can continue doing our best to provide our country with the security that defines a civilized society.

George Gascón, a former assistant chief in the Los Angeles Police Department, is a lawyer and the chief of the police department in Mesa, Ariz.

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