Font ResizeSANTA FE - A former state police chief said Friday that Gov. Susana Martinez's directive for immigration checks of criminal suspects shouldn't mean much change for officers who for years have asked about a person's immigration status if there was reason to believe a crime was committed and the information could help in an investigation.
During Democratic Gov. Bill Richardson's administration, the state police often would ask about the immigration status of those arrested for crimes and even of some people stopped for traffic violations if they believed a crime had been committed, former chief Faron Segotta told The Associated Press.
Segotta, a 28-year state police veteran who retired at the end of December, said he "didn't see a whole lot of change" in the executive order Martinez issued this week requiring state agency law enforcement officers to ask about the immigration status of those arrested for crimes.
Some Democratic lawmakers have criticized the governor's directive, saying it could lead to racial profiling.
An immigrant rights group plans a rally at the Capitol next week to protest the governor's policy.
Martinez, in issuing her directive, rescinded a 2005 executive order by Richardson that she described as a "sanctuary" policy for illegal immigrants.
Richardson's executive order barred state law enforcement from asking about the immigration status of someone solely to determine if they were in the country illegally.
Richardson's directive also prohibited
Segotta said state police "weren't really hamstrung at all" with Richardson's executive order.
Segotta was appointed state police chief in 2006 by Richardson and he helped implement the former governor's executive order as adjutant chief.
"The executive order didn't really change the way at all the state police did business," said Segotta.
He said state police generally wouldn't ask about the immigration status of someone during a routine traffic stop or at the scene of a traffic accident, unless the officer suspected there might be some illegal activity, such as drug trafficking, and the immigration information could be pertinent to the officer's investigation.
If a person was arrested, Segotta said, state police would determine an individual's place of birth. If they were a foreign national, he said, they likely would be asked why they were in the United States and the officer would determine whether the person was a fugitive wanted for a crime. When arresting a foreign national, Segotta said, state police would notify the person's consulate.
Public Safety Secretary Gorden Eden, who was appointed by Martinez, said an immigration check will be required by state agency law enforcement when someone is booked into a jail after being arrested, usually for a felony.
"All we will be doing is adding an additional element to the booking process where we inquire about their immigration status," said Eden.
Federal immigration authorities will be notified if the person arrested is an illegal immigrant.
