Back to Special Order 40

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At the urging of libertarian political opportunist Walter Moore, the city of Los Angeles is going back to the well of Special Order 40.

Much has elapsed since the death of an L.A. high school student named Jamiel Shaw, and as I predicted weeks ago, the conversation about his death has become an ugly one about immigration.

Moore has ridden the zeitgeist and pressed a repeal of an LAPD regulation called Special Order 40, which bars police from investigation someone solely to determine his or her citizenship. 40 is intended to encourage illegal immigrants' cooperation in police investigations. (Reasoning: An illegal immigrant will tell police about a crime he has witnessed if he knows he won't get deported for it, proponents say.)

His proposed repeal, called "Jamiel's Law," has no political traction, but a related motion in the city council by a San Fernando Valley council member by the name of Dennis Zine does. Zine wants to amend 40 by requiring officers to check the immigration status of gang members they run into, even if those gang members aren't under arrest.

(The plan has obvious surface flaws. For instance, how do you know who's a gang member and who's just a troublemaker? Sure, there are government lists of gang members, but gang membership changes everyday, and the LAPD's Excel spreadsheets of gang membership cannot possibly keep up. Still, one can understand the appeal of Zine's proposal.)

Whether Zine, Moore, or 40's proponents are right I cannot say. The debate over 40 is typical of a policy debate, in which there are pros and cons, and the "right" policy is the one where the pros outweigh the cons.

I can't say whether the pros outweigh the cons because the debate lacks the statistics that comprise pros and cons here. To determine whether 40 is good policy, you'd have to know things like how many illegal immigrants feel protected by the existence of 40? How many crimes have been solved with an illegal immigrant's help? Et cetera.

Right now, the debate is solely an ideological one: should the LAPD be in the deportation business or not? As we know from watching (for instance) the Bush administration, ideology is not necessarily a springboard to good policy.

As such (and as usual), city council president Eric Garcetti is on the right side here:

We need to look at the big picture and focus on creating a system that effectively deports criminals, encourages cooperation from victims and witnesses, and ensures the federal government accepts its responsibility as the enforcer of our nation's immigration laws.

Sure, he sounds non-committal, but starting from a premise of "these are worthwhile policy goals" is so much more effective than starting from a premise of "I believe illegal immigrants should be ______."