I appreciate the opportunity to share with the Congress some of the problems faced by small-town local law enforcement agencies concerning the lack of Immigrations and Naturalization Service support in the form of investigation, detention and deportation. Marshalltown, Iowa is a small, conservative town of about 28,000. About five years ago, Swifts, the local pork meat packing plant, began hiring Hispanic workers. Today the Hispanic population, while hard to count, is estimated to be somewhere between about 4,000 and 8,000. The vast majority of the Hispanics in our community are good, hard working folks trying to make a good home for their families. The minority, however, are the source of daily problems for the police department. With the rather large Hispanic population, it appears that illegal aliens are able to "hide" in the Hispanic population and circulate at will through out the community. The result has been a steady rise in our crime rates for burglary, larceny, car theft, and especially illegal drugs. In 1997 the burglary rate was up about 30% over 1996 and the number of drug cases was up 12% with the quantities seized more than doubled from 1996. The thefts and drugs are all related, the drug habit is the motivating factor for the thefts. As illegal aliens find that Marshalltown is a "safe haven" for them, it attracts more illegals to come to our community. We have worked very closely with Federal law enforcement agencies regarding our escalating drug problems, and with much success. The Drug Enforcement Administration (DEA) has pin-pointed the exact Mexican source of the vast majority of the methamphetamnes that are coming into our city and our arrest records show that the vast majority of methamphetamine dealers arrested in Marshalltown are Hispanic who are often illegally in this county.

Police officers in Marshalltown deal on a daily basis with illegal aliens. Up until about a year ago, we were seizing dozens of fraudulent identification cards from Hispanics every month. Today we seldom find these documents because Iowa now has a law making it a state felony to use a phony identification card to obtain a driver's license or state ID card. Today, the illegals we deal with usually don't carry any form of identification. The police officer's frustration is never really being able to positively identify people. We often see the same face day after day but with a different name.

In the spring of 1996, I began asking for INS help based on the growing problems we were experiencing in dealing with illegal aliens. I visited an INS raid on a business in Charles City, Iowa and asked the INS Regional Director and his staff for help. Their answer was that they were under staffed and without budget support. Attached here are copies of letters I sent to our elected officials asked for help. One of the INS officials suggested they could perhaps help us in rounding up Hispanics with outstanding arrest warrants and then determine their legal status in this county. Also attached are copies of letters I sent asking for this help, but it never came. At this point in time, all INS help for Iowa came from Omaha. I called officials in the Washington, DC INS headquarters, the International Association of Chiefs of Police, and wrote letters to our elected officials asking for INS assistance.

Also in the spring of 1996, Senator Grassley from Iowa, began an initiative to decentralize some of the INS laws empowering local law enforcement with some authority. I offered the Marshalltown Police Department as a pilot program, but nothing has happened.

After apparent political pressure on the INS, we were notified that they would conduct a raid on the Swift plant in late August, 1996. The plan changed several times and Swifts was included in this planing process. But even with advance notice to Swifts, the Saturday raid resulted in the arrest and removal of 147 illegal aliens from one shift. During the Swift raid, the INS regional director stated they would return to visit the other shifts, but they never did. By INS estimation, based on work records inspections, there were between 380 and 400 illegals employed by Swifts. The only thing they did after dozens of requests for assistance, was send two agents to Marshalltown who provided Swifts a written list of the names of suspected illegals and asked Swifts to ask these people to come to the police station to be interviewed. Needless to say, this tactic didn't work and no arrests were made. We have seen many of the same faces back in town that were deported following the Swifts raid, but INS has done nothing to assist in removing these illegals again.

Following numerous letters to elected officials, INS did open offices in Des Moines and Cedar Rapids, Iowa but we haven't seen a greater presence of INS officials in Marshalltown. In fact, the response to telephone calls is no better. When police officers try to call INS at night or on weekends, we generally get an answering machine that directs you to a duty officer at a different number. Once when we called that number we were referred back to the first phone number. After several phone calls to the Cedar Rapids INS office, two INS agents showed up and said they would look around for illegal aliens. After less than an hour, they departed with a full van but we haven't seen then since. I spoke this week with the Waterloo Police Chief concerning INS support. He said he has a large problem with a meat packing plant and what he said were "hundreds" of illegal aliens and that he didn't even know that the INS had opened an office in near-by Cedar Rapids. He went on to say that they quit calling INS because they either don't return phone calls or nothing happens when you speak to someone about a problem. Our officers are approaching the same conclusion, that it doesn't do much good to call INS so they try their best to sort things out themselves.

Senator Grassley forwarded to the US Attorney General our request to be a pilot program regarding the INS issue to empower local law enforcement with some authority over illegal aliens. To date, no changes have been made. Attached are copies of several letters from our police department asking the INS for assistance, but the help never came.

In September, 1996 I received a call from a very upset local woman whose daughter was about to marry an admitted illegal aliens in order to obtain a permit to remain in this county. The daughter told her mother she would marry the man in return for $2000 cash and ownership of a used car. The plan was to allow the illegal alien to obtain his permit to live in America, have the marriage annulled within 12 months, and never live together. After several calls to INS I had to call the mother back and tell her there was nothing that could be done to stop the marriage. I did provide the INS with the names involved in this case, but we have not heard of any actions taken.

Several months ago we arrested a 17 year old illegal alien for selling methamphetamines. He was placed on probation and given an ankle identification beeper. The County Attorney for Marshall County had information that his young man was going to leave the area in violation of his probation and contacted INS. He was advised that INS would come the following day and remove the man. They didn't show up and the young man hasn't been seen either.

The Police Department has access, through our computer system, to a data base allowing us to check on the legal status of suspected illegal aliens. The turn around time on inquiries is so slow that unless we have reason to hold someone, we usually have released them before we get the answer back from INS.

As the Chief of Police, I receive calls nearly every week asking when am I going to do something about the illegal alien problem. I've explained to the public that we are powerless in this effort. Senator Grassley has tried to decentralize some of the INS authority, but we've seen little progress in this regard. Its time that it is illegal to be illegal and its time we rid our community of the drug dealers and other parasites that feed on tax payers.

The March 2, 1998 edition of the US News and World Report carried a story about Marshalltown as the recipient of methamphetamines from Mexico transported by illegal aliens. In May, 1998 I met with the Drug Enforcement Administration (DEA) Administrator who confirmed the source of our methamphetamines is Mexico and the normal method of operation is for illegal aliens to transport the drugs and if arrested they return to Mexico, obtain a new identity, and the process starts over again.

My town is not alone in this battle. I've discussed this issue with other Iowa police chiefs from Storm Lake, Tama and Waterloo who share my frustration with a lack of INS support to local law enforcement. I've also discussed this with local County Attorneys and their assistants who see the court systems tied up with illegal alien cases. The Waterloo Police Chief told me that he has offered INS office space with a local task force and asked for their help and he didn't even receive an answer to his offer. We need the help and expertise INS should have in dealing with illegal aliens. We are not funded for translators and often do not have officers familiar with cultural differences regardless of all the cultural diversity training we can provide. The issue here is not racial, but criminal. We are often told by INS that after we arrest an illegal alien for a felony violation, that INS will place a detainer, or hold on that person. But we've seen that this system often doesn't work. I've spoken with a local assistant County Attorney who says the judicial system is tied up with illegal aliens being prosecuted for a variety of crimes and defense attorneys always plead not guilty because guilty pleas may result in deportation. Our community should not have to experience the felony crime before INS takes action. Attached are four letters from the Tama County, Iowa Assistant County Attorney outlining problems with illegal aliens and one letter from the Marshall County Attorney with a similar problem. I'm sure that dozens more could be made available if necessary.

The Tama County Assistant County Attorney told me about several issues regarding problems with illegal aliens. One involved an illegal alien arrested for drunk driving and the sue of fraudulent documents. A plea agreement was reached for a guilty plea on the drunk driving and the defendant was given to INS for deportation. Apparently the defendant was not deported and showed up again the same month and was arrested for driving with a suspended driver's license. INS was contacted and they said he had since married a US citizen and filed for residency in the United States and nothing could be done. He never did pay any fines for the drink driving charge.

Deportation and or criminal prosecution is necessary to provide a deterrent to this problem. As previously stated, it is not illegal to be an illegal alien in Marshalltown and we need help to solve this problem.

I would like to thank Senators Grassley and Harkin for their support regarding this matter and this committee for your time and wisdom.

VERBAL SUMMATION

I'm police chief David L. Walker from Marshalltown, Iowa. Thank you for giving me this opportunity to share with you some of the frustrations and problems that we in local law enforcement face on a daily basis regarding a lack of Immigrations and Naturalization Service support in the form of investigation, detention and deportation. My officers and I deal, virtually every day, with illegal aliens. We are increasingly frustrated with the inability to positively identify who we are dealing with, and increasingly angered that it is not illegal to be an illegal alien in Marshalltown, Iowa. I have a difficult time answering questions when I speak at the Kiwanis or Lions Club meetings and am asked why the illegal aliens are still walking the streets. I can't even adequately explain to my own staff why admitted illegal aliens can walk into the Police Department.

Marshalltown, Iowa is a small community of about 28,000 with an Hispanic population of somewhere between 4 and 8 thousand. But the issue here isn't racial, its a legal issue. The vast majority of the Hispanics in Marshalltown are good hard working people trying to raise their families as best they can in an environment that's better than where they came from. Our community has formed a cultural diversity committee that works to welcome these immigrants into our community and help them settle in the mid-west.

We have a Swifts and company meat packing plant that is the primary employer of the Hispanics. This meat packing plant has gone a long ways in helping the community and in becoming a good neighbor. Over two years ago, after congressional intervention to stimulate INS into action, a raid was conducted at Swifts. 147 illegals were arrested and removed from one shift on a Saturday even after INS notified Swifts in advance of the pending raid. The INS Regional Director promised that INS would be back to check on the other shifts and continue the local support, but the promises were empty rhetoric. Even after numerous calls and letters to INS for additional help, nothing seems to happen eventho INS street agents confidentially agreed that Marshalltown has a significant illegal alien problem. We thought the Swift raid would open the INS eyes to the fact that we had a problem with illegal aliens, but apparently not.

Marshalltown has experienced a tremendous increase in illegal methamphetmine trafficking, in fact the March 2, 1998 US News and World Report magazine traced the source of illegal meth back to Mexico and explained how the drugs are transported by illegal aliens to Marshalltown. In May of this year, I met with the Drug Enforcement Administration Administrator who confirmed though his intelligence networks how the system works. Illegal aliens bring the drugs from Mexico into the United States and on to Marshalltown. If they are caught, they simply return to Mexico and get a new identity and the process starts over again.

I've asked for INS help on numerous occasions. But the requests seem to fall on deaf ears. We've been promised enforcement assistance by INS but the promises seldom come true. We've been told their priorities are different than ours, or their funding is too short, or they don't have the necessary manpower. The bottom line is that we need help in areas that we do not have the expertise in nor the legal authority and in detention and or deportation of criminal and illegal aliens.

I received a call from a very upset mother a few months ago. Her daughter was about to marry an admitted illegal alien. Their plan was for her to receive $2000 in cash and a used car in return for the marriage arrangement. He then would apply for legal status in America and have the marriage annulled within 12 months. They also never planned to live together. INS said there was nothing they could do.

The Marshall County Attorney called INS several times regarding a young man convicted of selling methamphetamines and sentenced to 10 years in prison with the understanding from INS that he would be deported because he was an illegal alien. The judge gave him a 3 day pass from jail to say goodbye to his family and INS was notified to come get him for deportation as had been arranged. INS said twice they would come get him, they never did, and he cut off his ankle bracelet and disappeared. We now have an arrest warrant on file for him.

I have discussed similar problems with County Attorneys responsible for prosecutions in Iowa. They have painted similar problems with illegal aliens tying up the court system. One Assistant County Attorney told me of cases where plea bargains have been reached to allow arrestees to be deported by INS but the INS often times fails to take custody and deport the individual. He also told me of a case in Tama County where an illegal alien was arrested for drunk driving, an issue arose where fraudulent documents were introduced to miss-identify the individual, a plea agreement was reached for a guilty plea on the drunk driving and the defendant was turned over to INS for deportation with no fines paid. The individual showed up the later the same month, was arrested for driving with a suspended driver's license and the police were told by INS that he had not in fact not been deported but that he took a voluntary leave but had since married an American citizen and has filed for permission to remain in the United States. Therefore, there was nothing to be done.

Again, we need help in middle America. The problem is that people who are illegally entering this county are finding life in the Midwest to their liking and its our tax dollars that are supporting them and placing a tremendous strain on the system. I don't have the answers as to what INS can do to help, but right now it appears that their priorities are not on helping law enforcement investigate, detain and deport criminal and illegal aliens.

Thank you for taking the time to hear of our problems and your willingness to be a part of the solution.