Most Utah law enforcement agencies wary of cross-deputization

Published: Saturday, April 18 2009 12:00 a.m. MDT

In the current do-more-with-less economy, many Utah police officers say they can't take on additional federal responsibilities that would pull them away from their local crimes and community needs.

"I'm down 23 people," said Utah County Sheriff James Tracy. "I don't have time for my guys to divert away from felonies and assaults … and do a specified or targeted enforcement of those who are here illegally."

Tracy said he supports SB81, a bill passed in the Utah Legislature's 2008 General Session that allows police agencies to voluntarily cross-deputize police officers to serve as immigration officials. However, implementing all of the bill is nearly impossible, he said.

"We don't have the manpower to go that level and assign a dedicated group of deputies from Utah County to go out and look for immigration violations," he said.

Tracy said his officers already work hand in hand with Immigrations and Customs Enforcement officials at the Utah County Jail to review citizenship of those arrested for crimes. If a suspect is in the country illegally, he or she is interviewed by ICE agents in the jail and then authorities proceed with a federal deportation process.

Tracy said there's no problem complying with ICE in that regard, and though he respects the laws, he can only do so much.

"If it's on the books, we will comply as much as we can, just like everything else," Tracy said. "DUI is against the law, but I can't catch every DUI driver in the county. We don't have the manpower to do that."

SB81, which takes effect July 1, is a broad bill that includes everything from the screening of potential state employees or anyone receiving public benefits due those in the country legally to criminal punishments for anyone transporting or harboring illegal aliens.

The cross-deputization of officers is also part of the bill, but it is voluntarily coordinated between the Utah Attorney General's Office and law enforcement agencies.

Municipal opposition

Salt Lake City Police Chief Chris Burbank took an unequivocal position on the controversial law last week, saying that his officers would not be cross-deputized.

That portion of SB81 promotes racial profiling and "drives a wedge" between officers and the community they serve, Burbank said.

"The police officers of Salt Lake are not going to be put in the position to violate the human rights of any person," he said.

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