Gordon's reverse on police migrant rules stirs debate

Casey Newton

The Arizona Republic
Dec. 5, 2007 12:00 AM

A day after Mayor Phil Gordon proposed sweeping changes to a controversial police immigration-enforcement policy, Phoenix struggled with the implications.

Gordon's announcement Monday that he no longer supports Operations Order 1.4, which prevents police in most cases from asking about a person's immigration status, drew national attention to Phoenix.

His move also drew a variety of responses from across the city.

STATEMENT ON OPERATIONS ORDER 1.4

Mayor Phil Gordon

December 3, 2007

Police Operations Order 1.4 is the order that currently prescribes and dictates exactly when a Phoenix Police Officer can call Immigration and Customs authorities -- and when they cannot. It is the same Order that has caused Phoenix to be labeled by some as a "Sanctuary City".

When it was written, it was right for local law enforcement and our community. But it was written in another time -- and it was based on the premise that the federal government would fulfill all its responsibilities regarding immigration enforcement. Obviously, that has changed. Today, I have informed the best City Manager and best Chief of Police in the nation -- public service professionals whom I hold in the highest regard -- that I can no longer support Phoenix Police Operations Order 1.4

The problem with illegal immigration is, on many levels, the most urgent domestic issue facing our nation. It has divided our city and our nation. Phoenix has become Ground Zero in this debate.

The problem is enormous and complex. It is a national problem that Washington won't even get around to discussing for at least another year and a half.

But we can't afford to wait.

As Mayor, I have seen our situation escalate to a perilous point. Rhetoric is replacing reason. Theres too much hate. It's ugly; it's dangerous -- and good people continue to suffer.

In my judgment, the situation requires us, the city of Phoenix, to take on a bigger role than cities were ever intended to have. And that means we need to replace Operations Order 1.4

So, today, I have asked former U.S. Attorney Paul Charlton, former U.S. Attorney Jose Rivera, former Arizona Attorney General Grant Woods and former Maricopa County Attorney Rick Romley to listen to, and work with, our Police Department -- from the officers and their representatives -- to the Chief of Police.

These four private citizens are nationally respected prosecutors and Constitutional experts. They are outstanding community leaders; I trust them and I know they will do an outstanding job. I have told them to start with a blank piece of paper -- and to draft a new Operations Order that will allow individual officers to notify ICE when ANY law has been violated by a person they have reason to believe is in the United States illegally, with two important criteria:

• First, all State and Federal Constitutional guarantees must be met.
• And second, there can be no racial or ethnic profiling.

I have asked them to complete their work by December 31.