Will Immigrants Be Living in a Police State?
By David Skovholt

Florida, with 2.7 million immigrants, is on the verge of becoming the first state where local police can enforce immigration law and access INS databases. Florida Department of Law Enforcement (FDLE) Commissioner Tim Moore’s initial proposal to have the state’s 40,000 police officers deputized as INS officers was abandoned after broad opposition from INS, police and Florida community organizations. Under the scaled down policy now in effect, 35 officers will receive six weeks training in their new role as Florida’s newly created Regional Domestic Security Task Forces (RDSTF). The creation of this super police force is only one among many difficult changes Florida immigrants have faced since 9/11.

Using Section 133 of the 1996 Illegal Immigration and Immigrant Responsibility Act, the FDLE, strongly supported by Gov. Jeb Bush, entered into negotiations with INS shortly after 9/11. “Our goal is to find those who aren’t in our country legally,” Commissioner Moore told the Miami Herald in December. Many Floridians questioned the real intent of this initiative; although 13 of the 19 9/11 hijackers resided in Florida, only a few had overstayed visas. Local officers aren’t exactly enthusiastic about the plan either. Miami-Dade Police Department’s Frank Boni countered Moore saying, “To be successful you’ve got to represent a community, not occupy it.”

Though Boni and many officers recognized the proposal’s security conflict of interest, other officers, particularly in rural Florida, embraced the plan. Sheriff Don Hunter of Collier County in southwest Florida persuaded the county commission to pass a supporting resolution. This was countered by a 1000-strong protest of immigrants at the Collier County Courthouse.

While not yet implemented, the program has already had a major impact on the community. Immigrants often already scared to talk with the police and report crime have been left wondering “can they arrest me now?”

Under the new program the 35 officers will work out of the seven RDSTF offices throughout the state. Each RDSTF office will employ an INS officer assisting the police crew. According to an FDLE pamphlet, the Task Forces will “coordinate all aspects of Florida’s counter-terrorism plan.” Officers will “exclusively” pursue terrorist threats and “will not engage in general immigration enforcement actions.” But the extremely vague definition of “terrorism” as “any group or individual whose actions or associations threaten the safety of Florida residents,” leaves the door wide open for abuse.

Complicating matters, John Ashcroft is considering announcing a legal opinion that all police officers already have an “inherent authority,” to enforce immigration law. Like the Florida plan, the Federal initiative was scaled down by loud opposition.

Immigrants and allies in Florida are waiting apprehensively to see how this INS-police program is implemented. And with President Bush’s recent appointment of Commissioner Moore to the Homeland Security Advisory Council we can expect to nationally revisit this idea which seriously threatens the rights and livelihood of immigrants.

David Skovholt is Coordinator of the Florida Immigrant Coalition. FIC, 3000 Biscayne Blvd. #400, Miami, Florida 33137 Tel (305) 573-1106 Fax (305) 576-6273.