Towing Cars of Illegal Immigrants Does Not Constitute Racial Profiling

Guest post by Wais Hassan
Progressives for Immigration Reform

Lately, we have been hearing many analogies coming from the White House and President Obama likening the economy and the current recession to cars stuck in a ditch. Obama has expanded on the metaphor of cars being stuck on numerous occasions during the past few weeks and even compared Republicans to back seat drivers who shouldn’t be trusted at the wheel. The metaphor might continue to expand but thus far it hasn’t incorporated the divisive rhetoric of the current immigration debate.

However, the question of illegal immigrants and driving has become more prominent during the last year as new reports of accidents and car impoundments involving illegal aliens have come to the surface. A recent case in Virginia of undocumented Prince William County resident Carlos Montano’s DUI crash into a car of Catholic nuns sparked a great deal anger throughout the state and many other parts of the nation. Much of this anger stems from not only the fact that Montano killed one of the victims he collided with but also that he had been convicted of DUIs on numerous previous occasions but was never deported.

Numerous jurisdictions have also attempted to curb driving by undocumented residents by impounding their cars. A study published by California Watch earlier this year found that the practice has become fairly common in the Golden State. In California, both unlicensed drivers and those with suspended licenses risk 30-day impounds, and the fines that come with them. The California Watch investigation found that such impounds at sobriety checkpoints generated an estimated $40 million last year for the state’s cities and tow companies.

Impounding laws do not single out illegal immigrants but some officials say they sought the penalties because more illegal immigrants are living and driving in their towns. Most states do not issue licenses to illegal immigrants. “We have had a substantial decline in our quality of life, our neighborhoods. We believe there is a direct correlation with illegal immigration,” says Sam Abed, deputy mayor of Escondido, California.

Although the idea of impounding cars driven by illegal aliens is fairly popular in many communities the practice of impounding cars in any situation in which a driver’s license cannot be produced remains controversial. Some citizens worry that drivers who in an emergency rush mistakenly forget their driver’s license would be unfairly punished by such ordinances. When faced with this issue at the ballot box some voters have opted for more lenient impound laws. In November 2009, Denver voters rejected a measure by 70 percent to 30 percent that required police to impound vehicles of unlicensed drivers, regardless of circumstance. In 2008, Denver voters approved a measure that allowed for vehicle impoundment but granted officers more discretion in when to impound vehicles.

This 2009 Denver measure and similar local measures in other states are often opposed by immigrant rights groups, elected leaders and law enforcement officials. Immigrant activists claim these actions amount to racial profiling. Some law enforcement officials also claim that it is an unreasonable, expensive approach that would crowd impound lots and take up officers’ time and prevent them from responding to other calls. This vocal opposition has not discouraged many communities from enthusiastically supporting such ordinances.

Cal Watch has also found that between the period 2007 to 2009 Santa Barbara officers impound the cars of unlicensed motorists more often than they write speeding tickets. Russell Trenholme, one of the researchers behind Santa Barbara investigation, stated, “When we look at the statistics on other categories of citations – citations for moving violations, for equipment violations, drunk driving arrests – we find that a 12500 citation is the most common citation given by the Santa Barbara Police Department over the past two years, exceeding the total of all the various moving and equipment citations combined. It appears that impounding vehicles driven by undocumented immigrants is the principal activity of the traffic section.”

The Santa Barbara Police Department denies engaging in any type of racial profiling and the Cal Watch report did not present conclusive evidence that they did. Santa Barbara Police Chief Cam Sanchez didn’t respond to calls for comment Thursday. It is likely that a high number of cars owned by illegal immigrants are being impounded simply because they make up the largest percentage of unlicensed drivers. Police officers should have some discretion on when to impound vehicles but they should definitely not give a free pass to undocumented migrants who may be engaging in illicit activities with their vehicles. The community is endangered when unlicensed individuals drive without insurance and thus it is only fair to impose large fines in order to discourage such behavior.

The 2012 Presidential Election is fast approaching

The GOP race is now a field of 4 with only Romney, Gingrich, Paul, & Santorum still standing. Who will be the next candidate to exit the race & who will emerge as the eminent GOP nominee?

Follow us on Twitter & join our 2012 election FaceBook page for updates & new blog articles.

Contact us if you are passionate about politics & want to blog with us.