Profiling case attracts ACLU
Jim Kalvelage jkalvelage@ruidosonews.com
Posted: 05/21/2010 10:28:38 AM MDT
The allegations of racial profiling by Ruidoso Downs police sparked a response from the American Civil Liberties Union.
In a six-page letter to City Attorney H. John Underwood, Police Chief Alfred Ortiz, and two city councilors, the managing attorney for the ACLU of New Mexico, Laura Schauer Ives, said the organization takes the matter very seriously.
"A priority for our organization is to ensure that immigrants and citizens alike can seek out the assistance of local police without fear that they will be scrutinized for immigration status," Ives wrote.
City Councilors Dean Holman and Rene Olivo told Ortiz last month that they had heard racial profiling was occurring.
While Ortiz had raised concerns about racial profiling, Ives said he failed to acknowledge the constitutional constraints on his officers to detain motorists for checking their immigration status.
"Unauthorized presence in the United States is a civil matter and illegal entry into the Unites States is a misdemeanor, a misdemeanor deemed completed upon entry, that obviously occurred outside of a given officer's presence.
Under New Mexico common law, arrests can only be made for misdemeanors committed in the presence of a law enforcement officer," Ives wrote, citing case law.
Stating that the courts have limited state police to only providing information to U.S. Immigration and Customs Enforcement officials that was obtained in the course of lawful investigations, she said a lawful investigation would consist of a reasonable suspicion that a felony occurred or a misdemeanor was committed in the officer's presence.
Beyond the scope Ives added that checking for a person's legal status was beyond the scope of a minor traffic stop.
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On Tuesday a representative of the U.S. Department of Justice was in Ruidoso Downs checking out the situation. Do not know what transpired yet, if anything. But with the ACLU now involved, lawsuits could be on the horizon.