Twelve-year-old Jose Escobar Perez spoke at the City Council meeting this evening on behalf of his father, Roman Escobar, who was apprehended by immigration officials in the beginning of June, after Tucson Police officers allegedly called Border Patrol during a minor traffic stop.
“I wasn’t there, but my mom came home crying and I was worried what happened to her and I asked her what happened,” he told the City Council members. “I don’t know why he got pulled over, he is the only one that helps us survive, and… I just want to say that I really want my dad back.”
See, TPD isn’t supposed to do that anymore, according to recent policy changes on how it deals with certain undocumented individuals.
In February, the department adjusted how it’s been enforcing SB 1070, Arizona’s so-called “show me your papers” law. The revised language of TPD’s General Orders recognizes that mere “unauthorized presence is not a crime,” and that immigration enforcement should not trickle down to local law enforcement agencies, rather it should be the federal government’s job to deal with it.
In December, TPD Chief Roberto Villaseñor announced the police would not get involved with immigration agencies unless those suspected undocumented individuals have felonies on their records, are affiliated with a gang, are identified as terrorists, or pose a threat to national security. The changes better matched the Department of Homeland Security’s criteria, and President Barack Obama’s 2014 immigration actions, which also reinforced that the government should focus on deporting criminals. (Immigration and Customs Enforcement is very up-and-down with its apprehension and deportation rules, too.)
Villaseñor told the Tucson Weekly in March that when TPD began to keep track of statistics, they noticed that of the more than 11,000 calls police made to Border Patrol since summer of last year, the agency responded to less than 100, because some of those cases did not fit their enforcement criteria.
Obama’s immigration executive actions are temporarily blocked, but DHS’s memos are not.
On the night of June 8, Roman, his wife Miriam and their 5-year-old daughter were pulled over over a minor traffic violation by what appeared to be an undercover police vehicle near Pueblo High School, according to the Protection Network Coalition, which includes the Southside Worker Center and several other immigration rights groups.
“The police officer gave Roman a ticket for an expired license and license plate, called for the car to be impounded and informed Roman that he would be able to leave with his family,” the coalition says in a press release. “Roman was never told that he was free to go after being issued the ticket. While Roman and his family were waiting, another police car—this one, a marked car—arrived on the scene. After a brief exchange between the officers, an officer approached Roman and told him that Border Patrol was coming for him.”
Miriam says Roman has never committed any crimes, but that he does have a previous deportation from five yeas ago.
Several members of the coalition, along with Miriam and her three children—who are all U.S. citizens—attended the City Council meeting as a form of protest, and to ask council members to hold TPD accountable.
They want a written response from Villaseñor, “detailing the consequences the officer(s) will face for violating TPD policies and how TPD plans to ensure these violations will not happen again.”
(Added after publication on June 24 at 8:50 a.m.):
A Tucson Police spokesperson, who was not present at the scene, says other factors, aside from the expired license plate and license, were involved, leading up to calling Border Patrol. Agents were simply following the department’s procedures. He also says he hasn’t heard of any policy changes within TPD, and that all agents receive proper training to deal with these situations.
Councilwoman Karin Uhlich says she emailed Villaseñor this morning to get a mayor and council memo, or anything in writing, that might explain whether officers are following the SB 1070 implementation changes, if the latter are still in place, and if the department follows up with officers who don’t obey protocol. Uhlich also sent Villaseñor Miriam and Jose’s testimonies.
“I was surprised at the news that something may be going sideways,” she tells the Tucson Weekly. “We need an update and review of what is going on out there. It also seems like the family did not know they could leave after the citation was issued. People need to understand their rights in regards to traffic citations…that they are free to leave. That is an explicit direction that should be in the General Orders. It was news to all of us last night that something is going sideways.”
This article appears in Jun 18-24, 2015.
I am all for anything to deport illegals.
So Tucson Police won’t take any action against an unauthorized presence? Or is this just selectively enforced to favor people who are here illegally? Say I hang out in some city building until after it is closed. Can I just hang out because I am merely committing an unauthorized presence? “The revised language of TPD’s General Orders recognizes that mere “unauthorized presence is not a crime,””.
No sympathy whatsoever. An expired license, in a state where you pay an extra $5 for a 30 year expiration date. Expired plates. I am going to go out on a limb here and surmise he did not have actual, legitimate car insurance.
I have personal friends who have had their vehicles totaled in accidents with illegal aliens. They paid their deductible and escaped with minor injuries.
How is this even a story? Why does anyone have sympathy for this individual?
The only thing your next article should include is how he is going to pay for the bus ticket back to his country of origin and if he actually had vehicle insurance.
Well, if the feds were doing their job and shipping the illegals home, rather than shooting rock throwning kids in the back (on the other side of the border no less) maybe the local police could concentrate on local crime rather than Federal issues……
Look at all these dislike ninjas. You make me laugh with your dislikes and opinions about the interpretation of this law. I am for the full use of border patrol to detaining illegal aliens. I am from the only stand point that can speak as using the intended method of entering this country. I have applied to immigration LEGALLY. It took 3 years and a lot of money. To see people bypass in front of me, not pay fees which I had to endure disgusts me. These people have no respect for anything. They have no intentions of living civically and honoring this countries laws, but cry when they are not held by them how they want. Understand nothing is free. It costs money that is bleeding this countries tax payers dry. America welcomes immigrants as long as you follow its rules and laws.
What a bunch of crybabies.
Tucson is little Mexico….I expect every brown individual here is illegal or knowingly harboring or associating with an illegal. Deport them all! This is America….no more bending over or breaking the rules for individuals who do not belong here!
You mean the racist TPD chief Valesectomy is doing his job?
@ White lives matter. I am not latino or Hispanic or Mexican. Being brown has nothing to do with the situation you only exemplified of how much of a racist you ar. Every continent on this planet has a person who is brown and a native to their country and they are not Latino, Hispanic or Mexican
The title should read:
“Border Patrol Called For Previously Deported Convicted Felon Pulled Over For Minor Traffic Stop”
I have no problem with allowing law enforcement (be it police officers or BHP officers) to do their job–and if this means an “ILLEGAL” person is caught while doing so, I have no sympathy for this person who has broken US laws already.