Los Angeles Webster Commission records, 1931-1992

Robert Moschorak, interview, 1992-08-05

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Robert Moschorak, interview, 1992-08-05

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Content . •
PRIVILEGED AND CONFIDENTIAL
ATTORNEY WORK PRODUCT
MEMORANDUM
TO:
FROM:
DATE:
RE:
RICHARD STONE,
VINCE MARELLA,
JAN HANZLIK
ROEL CAMPOS
LAURIE L. LEVENSON
AUGUST 5, 1992
INTERVIEW WITH INS
summary
This interview with Robert Moschorak, Director of the Los
Angeles District of the Immigration and Naturalization Service
focused on the role of INS officers in responding to the civil
unrest. INS officers participated in four ways in the law
enforcement response to the riots: (1) INS officers interviewed
suspected illegal aliens who had already been arrested on riot
related offenses and transported to L.A. county Jail; ( 2) INS
officers assisted LAPD officers in conducting searches for evidence
of looting; (3) INS officers assisted in gang task force
operations; and (4) INS officers assisted in escorting public works
vehicles to work sites. INS officers deny that there widespread
sweeps to apprehend illegal aliens.
The statistics for INS arrests during the civil unrest are
attached to this memorandum as Exhibit A.
TO:
FROM:
DATE:
RE:
Richard Stone
Vincent J. Marena
Jan L. Handzlik
Roel C. Campos
August 4, 1992
MEMORANDUM
Summary of interview with Director Robert Moschorak of the
Los Angeles District of the Immigration Naturalization Service
Mr. Moschorak indicated that his district participated
with the Los Angeles Police Department in four general areas:
1. Interviewing suspected illegal aliens after their
arrests, both at the Los Angeles County Jail and at various sites
where assistance was requested by the Los Angeles Police
Department;
2. Responding to specific requests for INS aid;
3. Agents participated in the execution of search
warrants and in conducting consensual searches, again as
requested by the Los Angeles Police Department;
G:\DOCS\RCC\ WEBSTER\ WEBSTER.013 1
4. INS special agents participated in gang task
forces in interviewing suspected gang members and investigating
whether they were in the United States illegally.
As of July 2, 1992, the INS processed 1,105 individuals
who were illegally in the United States.
Mr. Moschorak indicated that a small percentage of
arrests occurred in which the INS, through providing assistance,
made the initial arrest for illegal immigration status.
Mr. Moschorak stated very emphatically that his
District did not conduct any sweep of any areas to enforce the
immigration laws. The INS' activity, as described by him
consisted of assisting the LAPD and in almost all cases
individuals were interviewed as to their immigration status only
after they had been arrested for riot-related activity. Mr.
Moschorak could not comment about the border patrol contingent
that arrived in Los Angeles during the riots, since they were
separately commanded.
R.C.C.
G:\DOCS\RCC\ WEBSTER\ WEBSTER.013 2
TO: Richard Stone
Vincent J. Marena
Jan L. Handzlik
FROM:
DATE:
Roel C. Campos
August 4, 1992
MEMORANDUM
RE: Interview of Robert Moschorak, Regional
INS Director - Wednesday, July 29, 1992
On July 29, 1992 Laurie Levinson and I (both members of the
Interagency Team of the Webster Study) visited with Robert
Moschorak, director of the Los Angeles District of the
Immigration and Naturalization Service (INS).
I. BACKGROUND INFORMATION.
We began our interview by discussing various items of
background that pertained to the Los Angeles District's
involvement with other agencies. Mr. Moschorak stated that there
were no mutual assistance agreements with other agencies and that
there were no written documents pertaining to coordination or
assistance between the INS and other federal or state law
enforcement agencies.
G:\DOCS\RCC\WEBSTER\WEBSTER.011 1
Mr. Moschorak indicated, however, that the INS participated
as a member of various drug task forces, gang task forces, and
violent gang task forces. He stated that much of the Los Angeles
District's involvement with other agencies was strictly on an ad
hoc and informal basis.
Mr. Moschorak informed us that the Los Angeles District is
the second largest district in the nation, having over 1,000
employees. He indicated that there are five main divisions
within the District, all headed by Assistant District Directors:
Los Angeles Airport Division, Investigation Division, Anti
Smuggling Division, Detention/Deportation Division, Examination
Division and a Management Division. The first three divisions,
that is the Los Angeles Airport, the Investigative and the Anti
Smuggling Divisions have assigned over 120 investigative
officers, who conduct the enforcement function of the District.
Mr. Moschorak indicated that the District covers the seven
counties of the Central District of California for the United
States District Court.
Mr. Moschorak indicated that there is a written emergency
plan for earthquake disasters that involves certain coordination
between the INS and other agencies. However, he added that that
plan was fairly general and did not include any provisions for
what occurred during the Los Angeles riots.
G:\DOCS\RCC\ WEBSTER\ WEBSTER.OU 2
Mr. Moschorak added that requests from police agencies occur
daily and could be made to any assistant district director for
any of the divisions.
II. CHRONOLOGY OF EVENTS PERTAINING TO THE LOS ANGELES RIOTS.
A. Wednesday, April 29, 1992:
Mr. Moschorak left the office in the early evening. His
office is located in the "old" Federal Building on Los Angeles
Street, bounded by Aliso and Temple Avenues. Mr. Moschorak, like
others, saw on television the large demonstration that occurred
that night in front of the Courthouse and at Parker Center, which
is the Los Angeles Police Department's main station. The next
morning windows at street level in the Federal Building were
found broken, however no property had been stolen or damaged,
other than the flag was missing. Mr. Moschorak added that the
protection of the Federal Building is the duty of the Federal
Protection Service.
B. Thursday, April 30, 1992:
On Thursday morning, Mr. Moschorak indicated that he had
great concern for the employees at the Federal Building and for
those employees in the operations that are not in the Federal
Building, which include INS offices on Soto Street, in the Cities
of Bell, Santa Ana, Riverside and Westminster. Employees were
obviously concerned with the activities in their own communities,
since most of the employees lived in areas that were affected by
G:\DOCS\RCC\WEBSTER\WEBSTER.011 3
the ongoing disturbances. Representatives of all the Federal
agencies in the building met early that morning.
The decision was made to close the Federal Building at 2:00
P.M. and to inform employees that they should call a particular
number for a recorded message that would inform employees as to
whether the Federal Building would be open or closed the next
day, Friday.
However, Mr. Moschorak brought in investigative and anti
smuggling agents, as well as those at the airport, for a special
meeting in the Federal Building. The agents totalled 120 and are
non-uniformed, as opposed to the border patrolmen who are
uniformed officers. The special agents are sworn officers and
are authorized to carry weapons. There were also 25 special
agents who were anti-smuggling specialists.
C. Friday, May 1, 1992:
Mr. Moschorak and other supervisors met with the said 120
special agents on Friday morning and a strategy was developed on
how to use these law enforcement agents to help local law
enforcement. Mr. Moschorak stated that, in light of the serious
civil emergency that existed, everyone believed that the INS
should offer its resources to aid in some manner.
G:\DOCS\RCC\WEBSTER\WEBSTER.011 4
Mr. Moschorak explained that, from the beginning, INS
officers were assigned to the Los Angeles County jail. He
explained that INS agents are normally assigned to the Los
Angeles County jail in any event. Therefore, this activity was
reinforced. INS agents worked the so-called "release lines" in
which individual arrestees who were released are then interviewed
by INS agents to determine whether they are illegally in the
United States, and if so, are taken into INS custody. INS agents
also interviewed initially arrestees in the so-called "intake
line", arrestees waiting to be processed who had not yet been
booked or charged. Mr. Moschorak indicated that over 2,100
individuals were interviewed on the intake line during the first
two days. INS detainers were issued to over 700 of the
individuals who had been arrested and brought to the Los Angeles
County jail. Accordingly, Mr. Moschorak concluded that, at least
for the first two days through Friday night, one-third of those
arrested and brought to the Los Angeles County jail were
individuals who were illegally in the United states.
On Friday, the INS special agents obtained special gear from
the Federal Protection Service, which also asked for assistance
in providing security for the Federal Building. Further, the
chief of investigation, John Brechtel, called the Police Command
Center and offered the INS special agents for assistance.
G:\DOCS\RCC\ WEBSTER\ WEBSTER.OU 5
The Los Angeles INS District established a command post that
had at least two individuals and a supervisor, providing 24 hour
coverage. In this way, any agency or individual could reach the
INS at any time.
The special agents were assigned 12 hour shifts, with 60 or
so of the agents per shift.
Mr. Moschorak stated that the command post began getting
calls almost immediately. Their mode of operation was to send
officers to assist as telephone calls came in.
III. ACTIVITIES OF INS SPECIAL AGENTS DURING THE DISTURBANCES.
Mr. Moschorak divided up the activities into four groups.
The first group of activities involved interviewing suspected
illegal aliens. This would occur upon the request of the Los
Angeles Police Department who would ask INS agents to interview
individuals who had already been arrested for riot related
activities. Of course, INS agents were continuing to do that
function at the Los Angeles County jail.
Group 2 pertained to assistance to the Los Angeles Police
Department in executing search warrants for stolen loot and to
aid in conducting consent searches. Mr. Moschorak indicated that
his information revealed that INS agents had participated in
about 90 searches.
G:\DOCS\RCC\WEBSTER\WEBSTER.011 6
Group 3 involved INS agents with the gang task forces that
exist in Los Angeles County. The activity consisted of INS
agents participating with other LAPD and members of other
agencies in targeting gang members and having INS agents
interview such members to determine whether they were legally in
the United States. This particular activity through May 3, 1992,
resulted in 83 interviews being conducted, and 19 were arrested
for illegal immigration status. On May 4, 1992, 8 more gang
members were apparently arrested for immigration violations.
Group 4 provided support for public works vehicles.
IV. GENERAL STATISTICS REGARDING THE LOS ANGELES INS DISTRICT'S
ACTIVITIES.
Mr. Moschorak provided us the attachment (2 pages) in which
statistics are provided for various categories of activities by
the Los Angeles District during the period of the civil
disturbances. Mr. Moschorak explained that July 2, 1992, was the
date that was arbitrarily chosen to stop keeping Los Angeles riot
related statistics. He explained that there would be individuals
who had been arrested as a result of acts during the civil
disturbances in Los Angeles who would be serving jail sentences
and time in prison and would not be released for INS interviews
perhaps for several more years. In any event, as of July 2,
1992, the INS processed and determined that 1,105 of individuals
arrested during the riots were illegally in the United States.
G:\DOCS\RCC\WEBSTER\WEBSTER.011 7
Mr. Moschorak examined the statistics and concluded that about
332 of those arrests were made by the INS, however some of the
arrests of that figure were initially stopped and arrested by Los
Angeles Police Department officers.
V. RESPONSE TO ACTIVIST GROUPS.
Mr. Moschorak emphasized that the INS' Los Angeles
District's activity was almost exclusively that of interviewing
and determining the immigration status of individuals who had
previously been arrested by the Los Angeles Police Department for
riot-related acts. Mr. Moschorak stated that he met with the
Mexican Consular General and the Honduran Consular General and
reviewed all of the statistics and information that he had
available to him. He stated that those officials were satisfied
that the INS Los Angeles District had not been conducting a
large-scale "sweep" and deportation effort. Mr. Moschorak also
stated that people were treated humanely and that medical centers
existed at most of the major detention centers for individuals
determined to be illegal aliens. He stated that he knew of no
document or report where anyone in INS custody had been
mistreated medically or abused physically in any way. Mr.
Moschorak stated that there was no ongoing Pico/Union operation
that he knew of, that his district's effort was to assist with
the civil unrest. That its efforts were not to do sweeps of
illegal aliens, that he believes that the civil disturbances were
not the time for doing such a sweep in any event. Mr. Moschorak
G:\DOCS\RCC\ WEBSTER\ WEBSTER.OU 8
stated that he could not speak for the activities of the border
patrol contingent that came to Los Angeles to aid during the
civil disturbances. He referred us to Gus De La Vina, who was
the commander of the group out of San Diego. He stated that
reports and statistics of the border patrol's activities were
available. Mr. Moschorak also stated that logs were maintained
that pertained to dispatches from the command center. He stated
that he didn't have any reason not to make those available to the
Webster group, but wanted to have the opportunity to review them,
since he had not done so.
VI. AUTHORITY OF INS AGENTS TO STOP INDIVIDUALS SUSPECTED OF
BEING IN THE UNITED STATES ILLEGALLY.
Mr. Moschorak reviewed the standard as he understands it for
permitting an INS agent to stop an individual to question that
individual about his alienage. Mr. Moschorak stated that there
must be a reasonable suspicion that the suspect is in the United
States illegally. He stated that factors are permissible in
arriving at such a "reasonable suspicion" are things such as the
use of a foreign language, foreign clothing, race, foreign
appearance, a car with foreign license plates, furtiveness in
behavior, and other elements including the officer's experience.
Mr. Moschorak stated that he was not aware of any decision by the
Los Angeles Police Department regarding Regulation 40, which
prohibits Los Angeles Police Department officers from making an
arrest or a stop solely based upon suspicion of illegal
G:\DOCS\RCC\ WEBSTER\ WEBSTER.OU 9
immigration status. Mr. Moschorak stated that he had no
knowledge of whether the Los Angeles Police Department made
arrests strictly for alien status and he certainly had no
knowledge of whether the Los Angeles Police Department intended
or "used" the INS to enable certain arrests to be made when or if
there was no other riot-related cause for arrest. He stated that
he had not seen or heard anything to allow him to draw any
conclusions regarding whether the Los Angeles Police Department
violated Regulation 40 of the Los Angeles Police Commission.
He confirmed that arrest reports do exist.
VII. FEDERAL COORDINATION.
Mr. Moschorak also explained that on Friday evening, at 9:00
P.M., there was a meeting of all the Federal agencies in the Los
Angeles area conducted by a representative from the United States
Attorney General. He stated that he was proud that the INS was
one of the only agencies that had been actively involved in
assisting the local efforts to deal with the riots in Los
Angeles. He indicated that the Alcohol, Tobacco and Firearms
Agency had also been involved because of the large number of
weapons that had been stolen during the looting activity.
He stated that it would have helped to have had an emergency
plan to implement when the disturbances broke out.
G:\DOCS\RCC\WEBSTER\WEBSTER.011 10
. · Mr. Moschorak stated that on a day-to-day business there is
not much interaction with the individuals at the high levels of
the Los Angeles Police Department. Mr. Moschorak stated that he
has met and has had cordial relations with the Los Angeles Police
Department Chief, Daryl Gates, in the past. He stated that most
of the interaction comes from his District's participation, by
him personally, in a county wide county justice coordination
committee headed by Supervisor Deane Dana. Mr. Moschorak stated
that he believes that cooperation at the agent and officer level
is high and that his agents have very good working relationships
with the Los Angeles Police Department officers. Further, the
fugitive alien removal program permits substantial interaction
between his agents and other Los Angeles Police Department
officers. Mr. Moschorak told us that over 14,000 INS arrests
were made in 1991. He stated that criminal aliens were a big
issue and now represent the District's number one priority. He
stated that he believed that foreign criminals coming to the Los
Angeles area have a major impact on our local society and that
his District's efforts in that area are very important.
VIII. EVALUATION.
Mr. Moschorak when asked, indicated that he "felt good"
regarding his district's activities during the riots. He agreed
that more communication was necessary between his agency and the
Los Angeles Police Department. He said he would recommend that
more communication tools be made available to his agency such as
G:\DOCS\RCC\WEBSTER\WEBSTER.011 11
walki-talki's, portable and mobile phones. Mr. Moschorak stated
once again that the INS' mission is to enforce the immigration
laws and that their agents are empowered by law to make arrests
of individuals who are suspected of being in the United States
illegally.
R.C.C.
edg
G:\DOCS\RCC\WEBSTER\WEBSTER.011 12

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Description

Interview of Robert Moschorak, Director of the Los Angeles District of the Immigration and Naturalization Service (INS), about the role of INS officers in responding to the civil disturbance, 1992 August 5.

Asset Metadata

Core Title Robert Moschorak, interview, 1992-08-05

Tag OAI-PMH Harvest

Format 15 p. (format), application/pdf (imt), Interviews (aat)

Permanent Link (DOI) https://doi.org/10.25549/webster-c100-32987

Unique identifier UC11449693

Identifier box 20 (box),web-box20-030-01.pdf (filename),folder 30 (folder),webster-c100-32987 (legacy record id)

Legacy Identifier web-box20-030/web-box20-030-01.pdf

Dmrecord 32987

Format 15 p. (format),application/pdf (imt),Interviews (aat)

Type texts