Durham won't change policy on immigrants

DURHAM -- A round of "robo calls" from mayoral hopeful Thomas Stith III over the weekend told Durham residents that police policy on immigration made the city a "haven for illegal immigrants." City Council members just weren't buying it Thursday, deciding the policy will stay the same.

Stith is satisfied with the Police Department's current practice of checking the immigration status of people police arrest, reporting illegal immigrants to Immigration and Customs Enforcement officials. But he said it appeared existing policy doesn't actually give them authority to do that.

Council members in 2003, including Stith, passed a resolution that says, "Unless otherwise required as part of a city officer or employee's duties ... no Durham city officer or employee ... shall inquire into the immigration status of any person or engage in activities designed to ascertain the immigration status of any person."

The policy also says that police aren't barred from sharing information with the federal government. That was good enough for the rest of the council.

"I don't see there's need for further discussion," said Mayor Bill Bell, whom Stith is trying to unseat.

Stith tried to drum up support by sending out automated calls over the weekend that began, "Did you know Durham is a haven for illegal immigrants?" Stith said the policy landed Durham on a list of "sanctuary cities" in a report to Congress about local government's role in enforcing immigration laws, though it just appeared as a footnote.

The turnout at Thursday's council work session suggested that the calls backfired, instead drawing protesters who took issue with Stith's tone and with the substance of his proposal.

"I don't know if it will galvanize people in the next election," said Alba Onofrio, executive director of El Centro Hispano in Durham. "But it definitely touched a nerve in the community."

On Thursday, Police Chief Jose Lopez Sr. said he supported the wording of the resolution.

That directly contradicted a memo dated Monday from Deputy Police Chief Ron Hodge urging the council to repeal the part of the resolution that said police can't ask about immigration status.

That was necessary, Hodge wrote, "in order to make it clear that it is not council's intent to hamper the ability of its police officers to use all lawful means for addressing serious criminal activity." Hodge wrote that some Durham police officers are preparing to be "cross designated" as customs officers by ICE, which grants them authority to enforce immigration laws. The current policy could interfere with that authority, Hodge thought.

A day later, however, Lopez sent a memo that reversed course, saying he was comfortable with the wording.

"Obviously in less than 24 hours they had a whole new opinion," Stith said after the meeting. If nothing else, he said, the abrupt change was proof that the wording of the resolution was confusing.

"To receive an official document and then in 24 hours it's 180 degrees different is cause for concern," he said.

Lopez said the policy was clear enough.

"It is not our practice to go out looking for citizens and residents of Durham who are not here legally," Lopez, who is three weeks into the job, told the council. "The only time it would come up is in the process of a criminal investigation."

Stith said he wasn't advocating "profiling or hassling citizens on the street corner" but rather a clear policy that was consistent with police practice.

Stith was asked whether he thought the swift turnaround in the Police Department's position on the issue was in any way politically motivated.

"To me, it's just very curious," Stith said. "Whether politics was involved, who knows?"

Bell said the council's decision to leave the policy as is "spoke for itself."

"I can't say whether it'll hurt him [Stith] or not," Bell said. "I think he misjudged this community, that's for sure."