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img_0032At the City Council meeting on February 7, Council member Mike Scott will introduce a resolution and ordinance designed to minimize the use of island policing resources to do the job of federal immigration authorities. Somewhat misleadingly known as “sanctuary city” laws (more accurately termed, “community policing laws,”) these kinds of policies have been adopted around the country, either formally or informally.

Contrary to some misunderstandings about what these laws are, they do not provide undocumented immigrants a place to hide from federal immigration authorities. Instead, they provide that local police will not use local resources to do the work of federal authorities in enforcing immigration laws, absent a court order or, in some jurisdictions, under very limited circumstances having to do with previous immigration violations and the commission of a serious violent felony. Absent those specified circumstances, police will not inquire about a person’s immigration status, or detain a person longer than they have legal authority to do. In the past and in some jurisdictions now, local law enforcement detains noncitizens longer than they would otherwise be allowed to do, in order to give Immigration and Customs Enforcement (ICE) the time to investigate the person’s immigration status. Some courts have held that so-called “ICE detainers” are unconstitutional, and many jurisdictions, including the Kitsap County Sheriff’s Department, now decline to hold noncitizens under those detainers.

There are over 326 counties, 32 cities, and four states that limit local law enforcement’s involvement in federal immigration enforcement. Police departments tend to support these community policing laws. As Tom Manger, Chief of Police for Montgomery County and President of the Major Cities Chiefs Association, has said, “To do our job we must have the trust and respect of the communities we serve. We fail if the public fears their police and will not come forward when we need them. Whether we seek to stop child predators, drug dealers, rapists or robbers—we need the full cooperation of victims and witness. Cooperation is not forthcoming from persons who see their police as immigration agents. When immigrants come to view their local police and sheriffs with distrust because they fear deportation, it creates conditions that encourage criminals to prey upon victims and witnesses alike.”

On January 25, the president of the United States signed an Executive Order (EO), directing local jurisdictions to assist with federal immigration orders, regardless of local ordinance or policy. The EO provides that jurisdictions that don’t comply will lose federal funding. This EO has been the subject of widespread condemnation by immigrant and human rights advocacy groups, as well as mayors, governors, ordinary citizens. Seattle mayor Ed Murray called the day the EO was signed the “darkest day in immigration history” since the Japanese internment and said he’s prepared to lose “every penny” of Seattle’s federal funding, which was about $85 million in 2015. Governor Jay Inslee called the EO “mean-spirited, unnecessary and contrary to our values as Americans.” (more…)

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