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Special Order 40
Special Order 40 was enacted
in 1979 by the Los Angeles City
Council and Los Angeles
Police Chief Daryl Gates,
directing police officers
not to initiate
police action “with the objective
of
discovering the alien status of a person” or to arrest or book
persons in violation of federal
immigration laws. Supporters
of the order argue that the order is necessary to encourage
illegal
immigrant crime victims and witnesses to report crimes
to police. Critics argue that the order
encourages illegal
immigration and prevents police from identifying and detaining
suspected alien
criminals and gang members
for federal immigration authorities. In 2006, public
interest group
Judicial Watch filed
suit against the Los Angeles Police Department arguing that
police should
not undermine the nation’s immigration laws.
Most recently, in 2008, the alleged murder of
7-year-old Jamiel Shaw, son of a U.S. Army sergeant serving in Iraq, by a
suspected illegal
immigrant gang member,
raised calls to remove Special Order 40 protections for alien
gang
members. Nevertheless, most of the Los
Angeles political establishment and current Police
Chief
William Bratton continue to resist any modification of the
order.
Text
of original Special Order 40
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