In 1963, I became a police officer in the LAPD, serving on the force until my retirement in 1983.
Special Order 40 was issued in 1979 by Police Chief Daryl Gates. Up until that time, my work in law enforcement was not shackled with Special Order 40.
Part of my duties and responsibilities, were to positively identify those in custody before citing, booking, or releasing. Every single day while on patrol, I frequently came in contact with illegals, for one reason or another. Maybe one out of 100, could basically communicate in English (slang), and 98% failed to possess a valid drivers license or other positive identification. Most of the time, I arrested them for the reason stated, and processed them at the division of assignment.
My arrestees were booked on various sections of the vehicle code, health and safety code, penal code, municipal code, and of course, Title 8, U.S. Government Code 1325 (illegal entry), and held for INS. Never, never, did I release an arrestee without proper identification! If I had, I would have been negligent in my duties, and would have generated thousands of warrants!
Determining an individuals alien status, is as easy as brushing your teeth! They tell on themselves. A short form arrest report would read, "Illegal Entry." hold for INS. Is that so difficult?? After all, I was only officially "documenting" those in custody!
Most people know nothing about U.S. Government Code 1325, and never read it, including most in law enforcement. That's a crying shame to say the least!
I also worked a two man special task force, documenting the impact on illegals involved in crimes, arresting and processing in excess of 350 for illegal entry in a three month period of time. I became an expert in identifying fictitious immigration documents.
I arrested some illegals who returned in just two weeks, for "entry after deportation," a felony. Little did I know they were not officially deported. Same thing is happening today, catch and release. Everything is based on probable cause! I impounded so many cars, the OPG garage had to open up an additional holding yard.
Then as today, illegals are the biggest liability to our country by far! Authorities had a chance to curb the influx of illegals crossing the Mexican border in the 70's, but failed to react! That political thing you know. Now were paying for it!
If it weren't for 911, illegal entry would not be as big of an issue as it is now!
Special Order 40 is dynamically obsolete, and never should of been originated in the first place.
Rod Decker
P.S. When I retired, my profile was entered in a local newspaper, entitled, "Police Officer never apologizes for doing his job."