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Pawlenty asks Twin Cities to rethink immigration ordinances
by Art Hughes, Minnesota Public Radio
September 1, 2004

Officials in Minneapolis and St. Paul are resistant to a request by Gov. Tim Pawlenty to repeal or change laws in those cities, which prohibit police officers from asking about a person's immigration status. Pawlenty sent a letter urging the cities to change the laws because he says they compromise security.

Minneapolis, Minn. — Gov. Pawlenty says his request to the city councils of Minneapolis and St. Paul is prompted by the case of Kamran Akhtar. He's the Pakistani man detained after video taping buildings in North Carolina and other places. Authorities are holding Akhtar for immigration violations while investigating possible ties to terrorist groups. Pawlenty says the Minneapolis and St. Paul ordinances would allow such suspects to slip away.

"In light of what happened in North Carolina, and frankly, what we now know about terrorist presence in Minnesota or connections to Minnesota, these are not very wise ordinances and I would respectfully ask that they reconsider," Pawlenty says.

Pawlenty says the threat to security outweighs the need for political correctness. Minneapolis City Council Member Paul Zerby says the ordinance gives police officers the ability to ask about immigration status, only if it's relevant.

"This particular ordinance, I think, is quite well crafted. It does not prohibit anybody from inquiring into any criminal activity," Zerby says. "And if immigration status is a part of that activity, an inquiry can be made about that."

Zerby says the ordinance sends a message of inclusiveness to the many East African, Mexican and other immigrants that contribute to the city's diversity.

I can understand the concern that Pawlenty raises, but I just think it's misplaced. - Minneapolis City Council member Paul Zerby

St. Paul police spokesman Paul Schnell says his city's ordinance doesn't stop officers from checking on suspicious behavior, and videotaping buildings could fall into that category.

Schnell says the police department has had a policy against asking about immigration status since 1986, because it's not within their scope of responsibilities.

"If it's just purely and only an issue of immigration status, local law enforcement does not have clear authority to enforce immigration laws," Schnell says.

Police favor such policies as well, because they encourage otherwise law abiding residents to cooperate with authorities without fear of deportation.

Immigration attorney Steven Thall says without such ordinances, immigrants are more fearful to call police in emergencies or to offer clues to crimes.

"It will create a more insecure situation, because then persons who do witness crimes, or have information that would be of interest to local law enforcement officers, would be unwilling to come forward," says Thall.

St. Paul passed its ordinance this year. Minneapolis approved its ordinance in 2003. Both cities prohibit questions of immigration status by all city employees -- not just police.

Attorney Arthur Martinez defends undocumented residents. He also hosts a legal affairs talk show on Radio Rey in the Twin Cities. He says allowing local law enforcement officers better access to immigration information is not a security issue, it's a race issue. He questions how many white people are ever asked about their immigration status.

"When you take these kinds of tactics, you are basically saying freedom has been lost," says Martinez. "And that's why these ordinances are so brilliant -- because they make it a crime for a police officer to ask these questions. And that's how outraged both cities have been."

Any action on the governor's request is up to the city councils in both cities. No officials in either city have moved to reconsider the ordinances.

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