Controversy Hits Home Surrounding Statute 287-G

“This is a very personal issue for me. My daughter is adopted from Guatemala. It took three and one-half years to get her citizenship.”
– Vice Mayor Holly Jones

By Adam Hillberry

At the City Council meeting on July 24, members decided against adopting policy allowing officers at the Asheville Police Department to begin enforcing immigration laws, which include deporting undocumented immigrants. Council asked Chief Hogan at the last minute to investigate the possibility of designating a few officers to enforcing statute 287 (g) of the Immigration and Naturalization Act.

Photo by Renato Rotolo

Hogan cited
undocumented immigration in Asheville does not seem to affect the work
of the APD and could not support adopting statute 287 (g) to begin
enforcement and deportation of the undocumented. Mumpower disagreed.

Mumpower said once while he accompanied a police unit, police arrested
four men with illegal identification trying to purchase crack cocaine
in a public housing development and another man with illegal
identification driving under the influence.

“I don’t think I’m around the police that much. I don’t think I’m that
involved. I think it’s a much bigger problem than that. And the reason
the statistics are not accurate is we have no way of measuring who we
have. We have no way of identifying these people and the statistics
only apply to people who are clearly identified,” Mumpower said.

According to the U.S. Census Bureau, 35.2 million immigrants, legal and
illegal, live in the U.S. as of March 2005. Between January 2000 and
March 2005, 7.9 million new immigrants, legal and illegal, settled in
the country, making it the highest five-year period of immigration in
American history. Immigrant’s account for 12.1 percent of the total
population.

“You can be released by a judge,” Hogan said, after being asked what happens to an immigrant without proper documentation.
Hogan went on to describe some released undocumented immigrants who
might be re-incarcerated and charged with possessing false
identification.

“We have conducted some cases after someone has been released and
through facial recognition and other means, we have identified
individuals and charged them after the fact, which becomes then a
felony, because they have committed a felony by using a false
identification or not giving us a name,” Hogan said.

The lack of action at the federal and state levels should not hinder
our apprehension to current immigration laws, according to Mumpower.
“I’m disgusted with the feds and their approach to this. I think they
are extremely dishonorable. The policy is very clear and it has been
established. Go online; you can find it – 287 (g). It says we are
looking for representatives out in the community who can work with us
to bring federal law to life in the community,” Mumpower said. “It is
not your fault that this has become a joke. But we need to be
participating and leading the way, from my perspective, and pounding on
our Congress door to do a better job.”

Mumpower went on to share something with the council…

“There will be no special bilingual programs in the schools. All
ballots will be in the nation’s language. All government business will
be conducted in our language. Non-residents will not have the right to
vote no matter how long they are here. Non-citizens will never be able
to hold political office. Foreigners will not be a burden to the
taxpayers. No welfare, no food stamps, no health care, or other
government assistance programs. Any burdens will be deported.
Foreigners can invest in this country, but it must be an amount at
least equal to 40,000 times the daily minimum wage. Foreigners may come
and buy land, but options will be restricted. Certain parcels including
waterfront property are reserved for citizens naturally born into this
country.”

“Foreigners may have no protests, no demonstrations, no waving of a
foreign flag, no political organizing, no bad-mouthing our president or
his policies. These will lead to deportation. If you do come to this
country illegally, you will be actively hunted and, when caught, sent
to jail until your deportation can be arranged,” Mumpower said. “Those
are the undocumented immigration laws of Mexico. I think it’s
absolutely absurd that on the other side of the border they have what I
would describe as Draconian laws, and on this side we represent the
other extreme of poorest borders.”

Some addressing the council earlier accused the proposed action as
racism, while Mumpower cited the adherence to the law should take
precedent.

“We are not going to racism. That is a nonsense charge here. We’re
going after undocumented immigrants and we’re trying to create some
bridge to the federal government that gives us some ability to take
some action. Nothing dramatic, nothing graphic, nothing that is going
to distract from the work of our police officers but a beginning to
address something I think is important,” Mumpower said. “And I
understand peoples’ frustration with this issue, their frustration
obviously with me, but let me promise you that within the limits and
constraints of this council and my role as a councilman, I’ll be back
as soon as I can with more proposals.”

Vice Mayor Holly Jones made the motion to adopt Chief Hogan’s
recommendation for Asheville Police Department to not add the statute
287(g) of the Immigration and Naturalization Act designation and
instead to direct the department to pursue public safety matters and
approaches that will address the larger criminal element in our
community. Councilwoman Robin Cape seconded the motion.

Mayor Terry Bellamy said a lack of data available to her and the public
causes her stagnancy in moving forward with any plan. “One reason I ask
for a committee is to really look at these issues is so we can have
data. I have heard conflicting numbers the last couple of weeks we’ve
talked about these issues. The reason I’m torn is you don’t have the
information when it comes to numbers. The reason I want a committee of
objective people who care about just good government is because we can
have that data put forward,” Bellamy said. “This is something that
needs to be addressed locally. I don’t have the data to know if this is
the best thing to do or not.”

Jones added comment that she remained unsure of whether the proposed
action by Mumpower is the correct action and that the matter is a
personal one.

“I’m not conflicted. I wasn’t going to make any remarks. This is a very
personal issue for me. My daughter is adopted from Guatemala. It took
three and half years to get her citizenship. Thanks to Senator Dole.
Thanks to her. And I know just by virtue of her beautiful skin and
eyes, she’s going to experience this. So this is personal to me. I
don’t think this process is the best way to deal with it. I wasn’t
conflicted before the chiefs report,” Jones said.

Jones went on to suggest the additional enforcement of the police would
eliminate relations between the police and their informants and drive
the criminal activity further underground.

“There are a number of facts regarding sheer demographics in our
community and this is not a big problem for us. Is this a big problem
for our country: you bet,” Jones said.

Jones said she is still conflicted with the task force, citing it as
waste of community energy and saying nothing positive will result.
The motion carried 6-1 with Mumpower giving the dissenting vote.

Out of session, Mumpower told this reporter 25 percent of our prisons are made up of illegal immigrants.

“They’re not there because they are undocumented immigrants. They are there because they have broken the law,” Mumpower said.
Mumpower also said the impartiality of both major political parties
contribute to the stagnancy surrounding the issue of immigration at the
national and state levels.

Approximately one million people receive permanent residency annually.
The Census Bureau estimates a net increase of 500,000 undocumented
immigrants annually, according to Center for Immigration Studies
reports.