287(g) in Charlotte: Sexual Assault & Deportation

by Glenn Hutchinson

On December 29, a man sees his girlfriend being sexually assaulted by a police officer in a parking lot. He calls 911 for help. The officer arrests him.

Since then, that officer (Marcus Jackson) has been suspended and six other women have reported that he had attacked them too. But what about the boyfriend? The one who reported it to 911? That man who tried to help his girlfriend?

Well, since he is undocumented, he may be deported. Even though he tried to stop the officer from fondling his girlfriend, the police went ahead and did an immigration check because he was arrested. So, he’s likely to be kicked out of the country for trying to protect someone from a sexually assaulting policeman.

All of this happened where I live, the New South: Charlotte (CLT). We’re a banking town. We’re the home of the Panthers and the Bobcats. And we’re also a place where 287(g) is enforced. You know 287(g)? That’s the policy that enables local law enforcement to enforce immigration laws. Translation: if you get stopped for any reason–even for running a stop sign–the police will check your immigration status.

In the last 3 years, approximately 120,000 people in our country have been arrested and deported under this law according to John Morton, Assistant Secretary for Immigration. 287(g) is originally part of the 1996 Immigration and Nationality Act. InMecklenburg County, Sheriff Jim Pendergraph started enforcing it in 2006. Some people refer to him as the “founding father of 287(g)” in North Carolina. He even took a position at ICE (Immigration & Customs Enforcement) but later resigned.

But this incident with Officer Jackson in December shows the problems with the 287(g) program. Sure, on one hand, if someone is here illegally, then why wouldn’t the police report it to immigration? However, it is more complex than that.

This policy makes people more distrustful of the police and undocumented residents will be less likely to report a serious crime or contact the police at all. And in the case of Marcus Jackson, where is the justice there?

And think about the young woman who was assaulted. According to newspaper accounts, she is undocumented as well. Will she be deported too? After being assaulted by a police officer?

Also, it has been discovered that Officer Jackson has a history of possible domestic abuse. Questions have been raised about the hiring practices for police officers under our new police chief; however, the city council refuses to release his personnel file.

And the former Sheriff Pendergraph? The one who put 287(g) in action in my fair city? The one who has gotten national recognition for it? Guess what? He’s running for office this year. He wants to be our next county commissioner.

All of these events point to the need for immigration reform. We need to tell our elected representatives that we need to find a way for the millions of undocumented people already here to apply for citizenship–many of whom have been working and contributing to our communities for years.

For more information:
Ortiz, Patricia. “Presumen que 287g promovió presunto abuso policial.” Mi Gente. 18 Jan. 2010. http://www.migenteweb.com/news.php?nid=7263&clave=a%3A1%3A%7Bi%3A0%3Bs%3A14%3A%22marcus+jackson%22%3B%7D

Portillo, Ely and Gary Wright. “Ex-officer had past reports  of violence.” Charlotte Observer. 1 Jan. 2010.
http://www.charlotteobserver.com/597/story/1152421.html

Rosario, Mariela. “Immigrant Who Stopped Cop From Fondling Girlfriend May be Deported.” 11 Jan. 2010.
http://www.latina.com/lifestyle/news-politics/immigrant-who-stopped-cop-fondling-girlfriend-may-be-deported