Roswell PD backs off immigration checks

ROSWELL, N.M. (KRQE-KBIM) - Roswell police officers will no longer act as immigration agents under a new policy governing most contacts with city residents.

In the past if an officer pulled over someone and suspected the person might be an illegal immigrant, the officer would contact federal agents and take the person to jail. The American Civil Liberties Union called the practice unconstitutional.

Roswell police Chief Rob Smith said federal field agents told him the old policy was fine while the legal staff wasn't so sure. The practice had not been challenged in court, but Smith said police can't base their actions simply on efficiency.

"We can do a lot of things more efficiently around here, but we also have to stay within the parameters of the law," Smith said. "We have to stay within the parameters of the constitution.

"Just because it's efficient does not mean it is the right thing to do."

Smith said if an undocumented immigrant is arrested during a traffic stop, for example on suspicion of drunken driving, then officers will forward their status to immigration authorities.

This issue came to a head back in 2007 when a pregnant Roswell High School senior was deported after police ticketed her for a parking violation.

KRQE News 13 made several attempts to request comment from U.S. Customs and Border Protection and from Immigration Customs Enforcement, but the calls have not been returned.