News

March for Immigrant Protection Proposal Planned for Feb. 27

– Photo by Terry Miller / Beacon Media News

Photo by Terry Miller/Beacon Media News

National Day Laborers Organizing Network (NDLON) and other social justice groups will participate in a march to City Hall Feb. 27.

The LA Times reported last  week that Trump’s initial executive order on immigration enforcement prioritized 8 million of the 11 million plus undocumented immigrants in the U.S. for enforcement action.

To resist President Donald Trump’s mass deportations organizers say:

“Pasadenans need to assure our local immigrant community that we stand with them in opposition to ICE mass deportation through a vigorous march to City Hall.

We need to support strong local policing that is not compromised by the perception that it is in bed with ICE.”

“We need to support Pasadena’s City Manager who has declined to sign the ICE-PPD MOU that would have given ICE a contractual path to use Pasadena police officers to enforce federal immigration law and would have shifted much of the cost of federal immigration enforcement onto the City.”

The group proposes to ask the City Council to enact the proposed (below) Pasadena Police Department Immigration Status and Bias-Free Policing Policy.

The March begins at 4 p.m. at Pasadena Job Center Monday Feb. 27 at 4 p.m. to march to City Hall and then proceed to the City Council meeting afterwards to urge councilmembers to act.

Here is the proposal:

“(Proposed) Pasadena Police Department

Immigration Status and Bias-Free Policing Policy

Purposes

The City of Pasadena (“the City”) is home to people from all walks of

life, of different races, religions, sexual orientations, and national and

ethnic origins. The Department values and celebrates this diversity, which

makes our community strong and vibrant.

A relationship of trust between the Pasadena Police Department

(“the Department”) and the City’s residents, regardless of race, religion,

sexual orientation, national origin, ethnicity, or immigration status, is

essential for accomplishing core Department functions, including

protecting the safety and civil and human rights of all residents.

The enforcement of federal immigration law falls exclusively within

the authority of the federal government. The Department will not engage in

law enforcement activities based solely on someone’s immigration status.

The Department does not work together with federal immigration

authorities, including the Department of Homeland Security’s immigration

enforcement agency Immigration and Customs Enforcement (“ICE”) on

deportation efforts. That is not the job of the Pasadena Police Department.

The Department’s commitment to equal enforcement of the law and

equal service to the public regardless of immigration status increases the

Department’s effectiveness in protecting and serving the entire Pasadena

community. All individuals, regardless of immigration status, should feel

secure that contacting law enforcement will not make them vulnerable to

harassment, arrest, or deportation.

Voluntary assistance in the enforcement of federal civil immigration

law would drain already-limited Department resources; detract from the

Department’s core mission to create safe communities; and make it difficult

to maintain trust between the Department and the City’s residents, thereby

threatening the safety and well-being of City residents.

Assistance in the enforcement of immigration law could also lead to

profiling based on race, ethnicity, and national origin in violation of the

United States and California Constitutions and state and federal antidiscrimination

laws.

The City of Pasadena recognizes the United States Supreme Court’s

pronouncement in Arizona v. United States v. Arizona, 132 S. Ct. 2492

(2012), that removal is a civil matter and that state officers generally may

not arrest immigrants based solely on possible removability. Moreover,

there is a growing public policy in the State of California to disentangle ICE

deportation programs from local law enforcement agencies and to increase

the transparency and accountability of immigration enforcement in the

state.

Policy

1. The Department is committed to equal enforcement of the law and

equal service to the public regardless of race, nationality, ethnicity, or

immigration status.

2. The Department is committed to bias-free policing.

3. The immigration status of individuals is not a matter for police action.

4. The Department shall investigate criminal activity without regard to an

individual’s actual or perceived immigration status.

5. The enforcement of civil and criminal federal immigration laws falls

exclusively within the authority of the federal government.

6. The Department shall not initiate police action with the objective of

discovering an individual’s immigration status.

7. The Department shall not attempt to determine the immigration status

of crime victims, witnesses, suspects, or arrestees unless necessary to

perform Department duties or required by law.

8. The Department shall not conduct or participate in efforts to enforce

federal immigration law. The Department shall not undertake joint

efforts or investigations with federal, state or local law enforcement

agencies, to investigate, detain or arrest individuals for violations of

federal immigration law. The Department shall terminate as soon as

possible any contracts or memoranda of understanding with federal

immigration authorities, including ICE, and shall not enter into any new

such contracts or memoranda of understanding. To the maximum

extent permitted by law, the Department shall not have contact with

federal immigration authorities. The Department shall work with other

federal, state, and local law enforcement agencies to attempt to obtain

agreements, memoranda of understandings, or other arrangements that

minimize residents exposure to federal immigration enforcement.

9. The Department shall not investigate, detain, arrest, or book an

individual for violations of federal criminal immigration law, including

Title 8, Sections 1304, 1325 or 1326 of the United States Immigration

Code.

10. The Department shall not permit any collateral arrests for immigration

enforcement purposes in connection with Department operations.

Procedure

1. Protection of Sensitive Information.

A. No Department officer, employee or agent shall request

citizenship or immigration status information about any

individual unless necessary to perform Department duties or

required by law.

B. Where citizenship or immigration status information is collected,

Department officers, employees or agents may use and

disseminate the information only to the extent necessary to

accomplish the Department duties for which the information was

requested or maintained, or where required by law.

C. This section shall not prevent the Department from responding to

a request for assistance from residents to obtain a benefit under

federal immigration law, such as 8 U.S.C. § 1101(a)(15)(U), 8

U.S.C. § 1101(a)(15)(T)

2. Immigration Enforcement.

A. In connection with the Department’s commitment to bias-free

policing, no Department monies, facilities, property, equipment

or personnel shall be used for immigration enforcement,

including but not limited to:

i. Identifying, investigating, arresting, detaining or assisting

in the identification, investigation, arrest or detention of

any person on the basis of a suspected violation of

immigration law;

ii. Responding to any civil immigration warrant or request,

for immigration purposes, to detain or notify federal

authorities about the release of any individual;

iii. Making individuals in Department custody available to

federal immigration authorities for interviews for

immigration purposes; and

iv. Providing federal authorities with non-publicly available

information about any individual for immigration

purposes, including by providing access to Department

databases, except where required by state or federal law.

B. Nothing in this section shall prevent the City from responding to

a lawfully-issued judicial criminal warrant, or court order issued

by a federal or state judge.

3. Training and Oversight

A. The Department shall develop training protocols to implement

this policy.

B. The Department shall document in writing all contacts with

federal immigration authorities. This includes all phone calls,

all emails, all requests to use money, facilities, property,

equipment, personnel, or databases, or to receive non-publicly

available information about any individual. The documenting

shall include the time and date of contact, the identities of the

Department officer and immigration officials, and the specific

purpose and outcome of the contact. This written record shall be

considered a public record pursuant to the California Public

Records Act (“CPRA”) that is exempt from any exception to the

CPRA to the maximum extent permitted by law.

C. The City’s Internal Auditor shall conduct regular and periodic

audits of all contacts with federal immigration authorities and

report his/her findings in writing to the City Manager and the

City Council’s Public Safety Committee.

D. The Department shall create a new bias category of

“immigration bias.” The Department shall investigate and

resolve complaints of immigration bias consistent with its

biased policing protocols. The Department shall include its

findings of “immigration bias” complaints in its reports to the

City Council’s Public Safety Committee.

Construction

This policy is to be construed in accordance with 8 U.S.C. § 1373(a) which

provides “Notwithstanding any other provision of Federal, State, or local

law, a Federal, State, or local government entity or official may not

prohibit, or in any way restrict, any government entity or official from

sending to, or receiving from, [ICE] information regarding the citizenship

or immigration status, lawful or unlawful, of any individual.”

February 20, 2017

About Author

Staff Our team focuses on delivering you the most informative and interesting articles from a variety of sections to keep you well-equipped with everyday knowledge!


Leave a Reply

Your email address will not be published. Required fields are marked *

Wordpress Social Share Plugin powered by Ultimatelysocial