Description
Local law enforcement officials maintain that little has changed in the way they interact with immigration officials, despite lingering questions regarding the recent detainment of an immigrant in Whitefish.
A Whitefish police officer initially pulled over Beker Rengifo del Castillo on April 24 due to a broken taillight. At some point during the 14-minute stop, the officer contacted federal immigration officials at the regional headquarters in Spokane. Border Patrol agents from the Whitefish office subsequently arrived on the scene and detained Rengifo del Castillo.
Originally from Venezuela, Rengifo del Castillo reportedly arrived in the Flathead Valley about two years ago under a humanitarian parole program. The Trump administration has sought to end the program and rescind participants’ legal status, but a federal judge in Massachusetts halted those efforts in the weeks preceding Rengifo del Castillo’s arrest. Rengifo del Castillo was released on April 30 without charge.
While the Whitefish Police Department has shared some information regarding the initial traffic stop, significant details remain under wraps, including why Border Patrol agents were called to the scene.
“The officer evaluated the totality of the circumstances,” said Whitefish City Manager Dana Smith at a May 5 City Council meeting.
Police Chief Bridger Kelch confirmed that Rengifo del Castillo had no warrants for criminal immigration violations, but city officials have declined to answer further inquiries into the nature of the phone call to Border Patrol, claiming the information constitutes confidential criminal justice information.
A public information request by the Inter Lake to review body camera footage of the traffic stop was denied.
KELCH REFUTED claims that Border Patrol agents were initially called to the scene of the traffic stop to provide interpretive services. He stated that no interpretive services were used during the April 24 traffic stop, adding that the local Border Patrol office had directed the Whitefish Police Department “not to contact them for interpretation-only services.”
Other local law enforcement officials said they do utilize Border Patrol agents as interpreters.
“I’m not going to say we don’t use Border Patrol from time to time,” said Columbia Falls Police Chief Chad Stephens.
Stephens said it would be unlikely that a traffic stop would necessitate that level of translation. Usually, officers are able to issue simple citations such as traffic violations with the assistance of Google Translate or a fellow bilingual officer. A phone translation service fulfills most of the department’s other interpretation needs.
Kalispell Police Chief Jordan Venezio and Flathead County Sheriff Brian Heino echoed these statements, though Heino noted over-the-phone translation can be buggy and experiences busy lines.
Heino said Border Patrol officials have become more available in recent years.
Beyond interpretive services, local law enforcement agencies will contact immigration officials for assistance in identity verification. A common scenario, according to Heino, might involve a traffic stop in which the person is unable to provide a valid driver's license.
“I’m not saying that’s just immigration discussions. That’s a Tuesday afternoon with three people in a car with no IDs on them. We still have to identify them,” he said.
The Sheriff’s Office also maintains a 287(g) agreement with U.S. Immigration and Customs Enforcement, which allows deputies to enforce certain aspects of immigration law.
“We’ve always had a good working relationship with U.S. Border Patrol,” said Heino. He doesn’t see that changing in the future and assured the public they should not be concerned about interacting with local law enforcement.
"But again, if you’re an illegal entry here, you’re probably going to have conditions that the Border Patrol is probably going to have to address,” he said.
In most cases, the decision of whether to contact immigration officials is left to the discretion of the officer at the scene. At the May 5 Whitefish City Council meeting, several residents questioned whether this open-ended policy left the door open for bias.
“I've been pulled over before and nobody asks me my immigration status,” noted Whitefish City Councilman Steve Qunell.
When asked directly, Chief Kelch denied bias impacted the decisions the officer made during the April 24 traffic stop. He said the officer was “very polite” to Rengifo del Castillo and said the department had no need to further investigate whether the issue broke agency policies that prohibit bias-based policing and profiling.
But Kelch said the department is rethinking how officers interact with Border Patrol agents. Officers will now be required to call a supervisor before contacting immigration officials and the department is considering adding a specific policy on interpretive services.
“I think that we, going forward in the future, will be very, very careful of when we call Border Patrol,” said Smith.
Reporter Hailey Smalley may be reached at 758-4433 or [email protected]. Reporter Jack Underhill may be reached at 758-4407 or [email protected].
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