Local activist groups aired their concerns that DUI checkpoints in Fontana, California, are abused in order to enforce immigration.

Two organizations, including the Association of Community Organizations for Reform Now (ACORN), raised the issue that was addressed at an October 28 Fontana City Council meeting. These groups say checkpoints are routinely held in heavily-Latino areas and near school property in order to target illegal immigrants.

The Fontana Police Department says the only checkpoints held around schools have been conducted after school hours. Further, the Department points out racial profiling is illegal and not conducted by its officers. They claim all immigration issues are handled separately once a suspect is booked and handed over to the sheriff.

However, San Bernardino County recently renewed the 287 (g) program - this allows police officers to act as immigration enforcers. An officer may request proof of citizenship during an arrest proceeding and turn a person in if no proof is available. 

Community activists point out very few DUI arrests are actually made at checkpoints, but the police department makes money on the effort by impounding vehicles. Vehicles operated without lawful insurance or by an illegal immigrant are regularly impounded when checkpoints are held in areas heavily populated with Latinos.

Opponents of the checkpoints say these checkpoints are a public nuisance that clearly have motives other than DUI enforcement. They further question whether checkpoints are legal under Fourth Amendment protections. Regardless of these complaints, however, it is clear the checkpoints will not cease any time soon.

The Police Department says it will not stop the checkpoints as a result of these complaints. In fact, the Department has announced it received a $150,000 grant that will allow it to continue placing DUI checkpoints in the area to apprehend and remove dangerous drivers from the road. The monies will also be dedicated to public education.