Romney OK's pact so troopers can arrest illegal immigrants

Governor Mitt Romney signed a controversial agreement yesterday with federal authorities that will allow specially trained Massachusetts State troopers to arrest suspected illegal immigrants and charge them with violating US immigration laws.

But a spokesman for Governor-elect Deval Patrick immediately said his boss will seek to rescind the agreement after he takes office Jan. 4, about the time 30 troopers are scheduled to begin five weeks of training.

Richard Chacon , spokesman for the incoming governor, said Patrick believes that deputizing troopers to enforce immigration laws would add another burden and is "impractical and unwise." He also characterized the agreement as a ploy by the Republican governor to showcase his conservative credentials as he weighs a possible presidential bid.

Similar pacts in a handful of states and counties nationwide have won praise from those who favor a hard line on illegal immigration. But the agreements have drawn fire from some police chiefs, civil libertarians, and advocates for undocumented immigrants, who say the measures discourage immigrants -- both legal and illegal -- from cooperating in criminal investigations.

Under the Massachusetts agreement, troopers from five specialized units will receive training on immigration law from US Immigration and Customs Enforcement, which approved the deal with Romney. After the training, the troopers will be certified to question, detain, and arrest suspected illegal immigrants without warrants.

"The scope of our nation's illegal immigration problem requires us to pursue and implement new solutions wherever possible," Romney said in a statement. "State troopers are highly trained professionals who are prepared to assist the federal government in apprehending immigration violators without disrupting their normal law enforcement routines."

The troopers currently work in elite units that capture violent fugitives, investigate organized crime, combat gangs, enforce drug laws, and help local police departments in high-crime neighborhoods. Federal and state officials said yesterday that the troopers will arrest only the illegal immigrants they come across while investigating other crimes.

"One thing this program is not is for stopping people on the side of the road with taillights out," said Bruce Foucart , special agent in charge of Immigration and Customs's Office of Investigations in Boston. "It is not designed for the migrant worker on the side of the road. It's for the baddest and worst criminal aliens we encounter during the course of criminal investigations."

Massachusetts is the ninth jurisdiction to enter into such pacts since the deals were authorized in 1996. The list includes Alabama, Florida, and a few counties in California and North Carolina, where a limited number of officers have been trained to enforce immigration laws.

Whether troopers will actually begin enforcing immigration laws is doubtful. During the campaign for governor, Patrick dismissed the proposal broached by Romney in the summer as a gimmick and said a "more constructive" approach would be to support legislation proposed by US Senators John McCain and Edward M. Kennedy to toughen border enforcement and allow some illegal immigrants to apply for legal status.

Yesterday, Chacon went further, saying Patrick will overturn the pact if he determines he has the legal authority to do so.

It appears he does.

The 15-page pact says it will remain in effect "until terminated by either party." And Foucart said Patrick "can walk away from it."

Chacon said Patrick intends to discuss the matter today with a group of police chiefs with whom he was already scheduled to meet. Several local police officials have voiced concern about the plan. Last week, in one of his first official acts as Boston's new police commissioner, Edward F. Davis said he would oppose any effort to enlist city officers in such an agreement, because it would hurt community policing.

Ali Noorani , executive director of the Massachusetts Immigration and Refugee Advocacy Coalition, echoed that concern yesterday. He said the agreement will make it more difficult for all police officers to investigate crimes, because immigrants who might be victims or witnesses will be afraid to come forward.

"Romney is playing politics with public safety," he said.

Sara Wunsch , a staff attorney for the American Civil Liberties Union of Massachusetts, said the agreement is also likely to lead to racial profiling and unwarranted arrests. "Immigration law is very complicated," she said. "There are immigration lawyers who have trouble grappling with it. A five-week course is not going to do it."

But Steven A. Camarota , the director of research at the Center for Immigration Studies in Washington, praised the agreement, saying troopers can bolster the resources of federal immigration investigators.

Patrick J. Buchanan , the well-known conservative commentator , praised the Massachusetts agreement yesterday on MSNBC. He said it was "very good news for Romney."

Saltzman can be reached at jsaltzman@globe.com.