STATEMENT BY
COMMITTEE ON CHICANO RIGHTS
CHAIRPERSON
HERMAN BACA
TO
NATIONAL CITY - CITY COUNCIL
FEBRUARY 1, 1983
WE ARE HERE TODAY, TO INQUIRE AS TO WHOM IN THE NATIONAL CITY ADMINISTRATION HAS GIVEN THE NATIONAL CITY POLICE DEPARTMENT THE AUTHORITY TO ENFORCE FEDERAL IMMIGRATION LAWS BY STOPPING, DETAINING, AND ARRESTING PERSONS OF MEXICAN ANCESTRY ON THE STREETS OF NATIONAL CITY. THAT THIS PRACTICE OF POLICY IS BEING CARRIED OUT BY THE N.C.P.D., I CAN PERSONALLY ATTEST TO BECAUSE OF THE INCIDENT WHICH I WITNESSED ON JANUARY 10, 1983 WHEN I SAW TWO MEXICAN MAKES BEING DETAINED BY A NATIONAL CITY POLICE OFFICER WHO THEN ARRESTED, HANDCUFFED AND, THEN TRANSPORTED THE TWO INDIVIDUALS TO THE NATIONAL CITY POLICE DEPARTMENT WHERE THEY WERE SUBSEQUENTLY TURNED OVER TO THE US. BORDER PATROL. FURTHER INVESTIGATION OF THIS MATTER BY CCR MEMBER DAVIDE AVALOS WHO SPOKE WITH LT. MOSAL OF THE N.C.P.D. CONFIRMED THE INCIDENT WHICH I HAD WITNESSED AND VERIFIED THAT THE PRACTICE OF POLICY OF ENFORCING FEDERAL IMMIGRATION LAWS IS IN FACT BEING CARRIED OUT BY THE N.C.P.D.
LT. NOSAL'S (1-11-83) STATEMENTS TO MR. AVALOS ARE AS FOLLOWED:
THAT ON THE MORNING OF JANUARY 10, 1983 A NATIONAL CITY TRAFFIC MOTORCYCLE OFFICER NAMED DELUCIA, OBSERVED TWO MALES IN THE AREA OF THE 100 BLOCK OF S. HARRISON AVENUE AND ACTING ON HIS "INSTINCTS," DELUCIA QUESTIONED THE TWO MALES AND DETERMINED THAT THEY WERE "ILLEGAL ALIENS." A CALL WAS MADE FOR A NATIONAL CITY SQUAD CAR AND THE TWO MEN WERE THEN TRANSFERRED TO THE NATIONAL CITY POLICE DEPARTMENT BY OFFICER CHEVARRIA. AT THE STATION THE DESK OFFICER NOTICED THE U.S. BORDER PATROL AND UPON THEIR ARRIVAL THE N.C.P.D. TURNED OVER THE TWO MALES, TO THEM. ACCORDING TO LT. NOSAL, THE NAMES OF THE TWO APPREHENDED MALES, WERE NOT RECORDED NOR WERE THE NAMES OF THE BORDER PATROL AGENTS. NO FORMAL REPORT WAS MADE AND NO SPECIFIC REASON FOR STOPPING THE TWO MALES WERE RECORDED. WHEN ASKED AS TO THE NUMBER OF INDIVIDUALS STOPPED, QUESTIONED, AND DETAINED AND ARRESTED, LT. NOSAL STATED THAT NO STATISTICS WERE KEPT ON THE NUMBER OF SUCH INCIDENTS, THAT THE TURNING OVER OF SUCH INDIVIDUALS WAS NOT AN UNCOMMON PRACTICE FOR THE N.C.P.D.
MEMBERS OF THE NATIONAL CITY COUNCIL LET ME REMIND YOU THAT THE U.S. DEPARTMENT OF JUSTICE, ATTORNEY GENERAL GRIFFIN BELL, ISSUED A RULING THAT STATED AND I QUOTE, "THAT STATE AND LOCAL POLICE FORCED ARE TO OBSERVE THE FOLLOWING GUIDELINES:
DO NOT STOP, QUESTION, DETAIN, ARREST, OR PLACE AN "IMMIGRATION HOLD" ON ANY PERSONS NOT SUSPECTED OF CRIME SOLELY ON THE GROUND THAT THEY MAY BE DEPORTABLE ALIENS."
THE ABOVE RULING WAS SIGNED BY THE ATTORNEY GENERAL OF THE UNITED STATES AND THESE GUIDELINES ARE AS BINDING ON THE N.C.P.D. AS THEY ARE ON ANY OTHER LAW ENFORCEMENT AGENCIES OF THE UNITED STATES OTHER THAN THE I.N.S. (see attachment A) NATIONAL CITY BY IT'S LACK OF SUPERVISION OF IT'S POLICE DEPARTMENT IS IN FLAGRANT VIOLATION OF A RULING MADE BY THE HIGHEST RANKING LAW OFFICIAL OF THE UNITED STATES. IN OTHER WORDS, IT IS BREAKING THE LAW AND WE ARE HERE TODAY TO WARN YOU THAT OUR ORGANIZATION WILL NOT STAND BY IDLY AND PERMIT THE N.C.P.C. TO CARRY OUT IT'S RACIST AND UNCONSTITUTIONAL POLICIES OF HARASSMENT AND INTIMIDATION THRU IT'S FLAGRANT DISREGARD OF THE LAW AND THE LAND. FOR THAT REASON, THE CCR IS HEREBY DEMANDING THAT THE CITY COUNCIL OF THIS CITY IMMEDIATELY ISSUE AN ORDER TO THE NATIONAL CITY POLICE DEPARTMENT TO COMPLY WITH THE U.S. ATTORNEY GENERAL'S RULING OF JUNE 23, 1978 TO CEASE AND DESIST FROM STOPPING, QUESTIONING, HARASSING, OR INTIMIDATING PERSONS OF MEXICAN ANCESTRY BECAUSE OF IT'S ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
IN CONCLUDING, I WISH TO STATE TO YOU THAT OUR ORGANIZATION WILL BE SENDING 50 PERSONS OF MEXICAN ANCESTRY TO WALK THE STREETS OF NATIONAL CITY AND IF ONE OF THEM IS STOPPED, QUESTIONED, DETAINED, OR ARRESTED ON THE BASIS OF IMMIGRATION STATUS, LET ME ASSURE YOU THAT IF WE HAVE TO BANKRUPT THIS CITY WITH LAWSUITS, THAT WE SHALL. OUR ORGANIZATION WILL BE AWAITING YOUR WRITTEN RESPONSE TO OUR DEMAND.
END
COMMITTEE ON CHICANO RIGHTS
CHAIRPERSON
HERMAN BACA
TO
NATIONAL CITY - CITY COUNCIL
FEBRUARY 1, 1983
WE ARE HERE TODAY, TO INQUIRE AS TO WHOM IN THE NATIONAL CITY ADMINISTRATION HAS GIVEN THE NATIONAL CITY POLICE DEPARTMENT THE AUTHORITY TO ENFORCE FEDERAL IMMIGRATION LAWS BY STOPPING, DETAINING, AND ARRESTING PERSONS OF MEXICAN ANCESTRY ON THE STREETS OF NATIONAL CITY. THAT THIS PRACTICE OF POLICY IS BEING CARRIED OUT BY THE N.C.P.D., I CAN PERSONALLY ATTEST TO BECAUSE OF THE INCIDENT WHICH I WITNESSED ON JANUARY 10, 1983 WHEN I SAW TWO MEXICAN MAKES BEING DETAINED BY A NATIONAL CITY POLICE OFFICER WHO THEN ARRESTED, HANDCUFFED AND, THEN TRANSPORTED THE TWO INDIVIDUALS TO THE NATIONAL CITY POLICE DEPARTMENT WHERE THEY WERE SUBSEQUENTLY TURNED OVER TO THE US. BORDER PATROL. FURTHER INVESTIGATION OF THIS MATTER BY CCR MEMBER DAVIDE AVALOS WHO SPOKE WITH LT. MOSAL OF THE N.C.P.D. CONFIRMED THE INCIDENT WHICH I HAD WITNESSED AND VERIFIED THAT THE PRACTICE OF POLICY OF ENFORCING FEDERAL IMMIGRATION LAWS IS IN FACT BEING CARRIED OUT BY THE N.C.P.D.
LT. NOSAL'S (1-11-83) STATEMENTS TO MR. AVALOS ARE AS FOLLOWED:
THAT ON THE MORNING OF JANUARY 10, 1983 A NATIONAL CITY TRAFFIC MOTORCYCLE OFFICER NAMED DELUCIA, OBSERVED TWO MALES IN THE AREA OF THE 100 BLOCK OF S. HARRISON AVENUE AND ACTING ON HIS "INSTINCTS," DELUCIA QUESTIONED THE TWO MALES AND DETERMINED THAT THEY WERE "ILLEGAL ALIENS." A CALL WAS MADE FOR A NATIONAL CITY SQUAD CAR AND THE TWO MEN WERE THEN TRANSFERRED TO THE NATIONAL CITY POLICE DEPARTMENT BY OFFICER CHEVARRIA. AT THE STATION THE DESK OFFICER NOTICED THE U.S. BORDER PATROL AND UPON THEIR ARRIVAL THE N.C.P.D. TURNED OVER THE TWO MALES, TO THEM. ACCORDING TO LT. NOSAL, THE NAMES OF THE TWO APPREHENDED MALES, WERE NOT RECORDED NOR WERE THE NAMES OF THE BORDER PATROL AGENTS. NO FORMAL REPORT WAS MADE AND NO SPECIFIC REASON FOR STOPPING THE TWO MALES WERE RECORDED. WHEN ASKED AS TO THE NUMBER OF INDIVIDUALS STOPPED, QUESTIONED, AND DETAINED AND ARRESTED, LT. NOSAL STATED THAT NO STATISTICS WERE KEPT ON THE NUMBER OF SUCH INCIDENTS, THAT THE TURNING OVER OF SUCH INDIVIDUALS WAS NOT AN UNCOMMON PRACTICE FOR THE N.C.P.D.
MEMBERS OF THE NATIONAL CITY COUNCIL LET ME REMIND YOU THAT THE U.S. DEPARTMENT OF JUSTICE, ATTORNEY GENERAL GRIFFIN BELL, ISSUED A RULING THAT STATED AND I QUOTE, "THAT STATE AND LOCAL POLICE FORCED ARE TO OBSERVE THE FOLLOWING GUIDELINES:
DO NOT STOP, QUESTION, DETAIN, ARREST, OR PLACE AN "IMMIGRATION HOLD" ON ANY PERSONS NOT SUSPECTED OF CRIME SOLELY ON THE GROUND THAT THEY MAY BE DEPORTABLE ALIENS."
THE ABOVE RULING WAS SIGNED BY THE ATTORNEY GENERAL OF THE UNITED STATES AND THESE GUIDELINES ARE AS BINDING ON THE N.C.P.D. AS THEY ARE ON ANY OTHER LAW ENFORCEMENT AGENCIES OF THE UNITED STATES OTHER THAN THE I.N.S. (see attachment A) NATIONAL CITY BY IT'S LACK OF SUPERVISION OF IT'S POLICE DEPARTMENT IS IN FLAGRANT VIOLATION OF A RULING MADE BY THE HIGHEST RANKING LAW OFFICIAL OF THE UNITED STATES. IN OTHER WORDS, IT IS BREAKING THE LAW AND WE ARE HERE TODAY TO WARN YOU THAT OUR ORGANIZATION WILL NOT STAND BY IDLY AND PERMIT THE N.C.P.C. TO CARRY OUT IT'S RACIST AND UNCONSTITUTIONAL POLICIES OF HARASSMENT AND INTIMIDATION THRU IT'S FLAGRANT DISREGARD OF THE LAW AND THE LAND. FOR THAT REASON, THE CCR IS HEREBY DEMANDING THAT THE CITY COUNCIL OF THIS CITY IMMEDIATELY ISSUE AN ORDER TO THE NATIONAL CITY POLICE DEPARTMENT TO COMPLY WITH THE U.S. ATTORNEY GENERAL'S RULING OF JUNE 23, 1978 TO CEASE AND DESIST FROM STOPPING, QUESTIONING, HARASSING, OR INTIMIDATING PERSONS OF MEXICAN ANCESTRY BECAUSE OF IT'S ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
IN CONCLUDING, I WISH TO STATE TO YOU THAT OUR ORGANIZATION WILL BE SENDING 50 PERSONS OF MEXICAN ANCESTRY TO WALK THE STREETS OF NATIONAL CITY AND IF ONE OF THEM IS STOPPED, QUESTIONED, DETAINED, OR ARRESTED ON THE BASIS OF IMMIGRATION STATUS, LET ME ASSURE YOU THAT IF WE HAVE TO BANKRUPT THIS CITY WITH LAWSUITS, THAT WE SHALL. OUR ORGANIZATION WILL BE AWAITING YOUR WRITTEN RESPONSE TO OUR DEMAND.
END
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