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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/04/2005 - FIRST READING OF ORDINANCE NO. 119, 2005, AMENDING ITEM NUMBER: 28 AGENDA ITEM SUMMARY DATE: October4, 2005 FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry Kelly DiMartino SUBJECT First Reading of Ordinance No. 119, 2005 Amending Chapter 13 of the City Code to Add a New Article III Concerning Discrimination Based on Immigration Status. RECOMMENDATION The Human Relations Commission recommends adoption of the Ordinance. FINANCIAL IMPACT Some funding will be required for a training and education program required by the Ordinance. A specific amount and the source for funding this program has not yet been identified. EXECUTIVE SUMMARY This Ordinance will add provisions to the City Code prohibiting City employees from inquiring into the immigration status of any person or from using City resources for the purpose of detecting or apprehending persons whose only violation of law is being an undocumented alien. Exceptions to these prohibitions are set forth in the Ordinance for those situations where it is necessary to inquire into the immigration status of a person. The Ordinance requires the City Manager to implement an ongoing training and education program to inform City employees and members of the community about the Ordinance requirement. BACKGROUND In January, 2004, the City's Human Relations Commission brought forth a draft "Human Rights Protection Ordinance" and asked that City Council consider its adoption. Council responded by adopting Resolution 2004-037 in March,2004,which authorized and directed the HRC to establish a citizen task force to review the issues raised in the draft ordinance and to provide Council with any recommendations made by such task force. On March 16,2004,Resolution 2004-044 was approved,appointing fourteen community members to the HRC Task Force which would review and make recommendations regarding the draft ordinance. October 4, 2005 -2- Item No. 28 After meeting for several months, the Task Force made its presentation to City Council at a study session on September 14, 2004. At that study session, three members of City Council directed the City Attorney's Office to draft a new version of the ordinance that addressed the Task Forces' recommendations while taking into account the needs of the City government. The City Attorney met with the Task Force and developed the proposed ordinance. The Human Relations Commission, with support from the Task Force, is now bringing the ordinance forward for consideration by City Council. The Ordinance has the following provisions: 1. Defines a City employee to include elected City officials, authorized volunteers, and members of City boards and commissions. 2. Prohibits City employees from inquiring into the immigration status of any person, or engaging in activities designed to ascertain the immigration status of any person. 3. Prohibits City employees from using City resources or personnel for the purpose of detecting or apprehending persons whose only violation of law is or may be being an undocumented alien, being out of immigration status, or illegally residing in the U.S. 4. Provides several exceptions for those situations where City employees would have a legitimate need to inquire about the immigration status, such as: A. When required by state or federal law or program (e.g., federal I-9 compliance for City employment, state liquor license application); B. When relevant to threatened or actual civil litigation or administrative proceedings; C. When it is essential to the investigation or prosecution of a violation of a criminal statute (includes felonies and misdemeanors but excludes petty offenses and civil traffic infractions); and D. When law enforcement officers or court employees find it reasonably necessary for bonding,conditional release,warrant,or arrest,or when relevant to plea negotiations, sentencing decisions, or other court proceedings. 5. Allows City employees performing public safety functions to assist federal law enforcement officers in the investigation of criminal activity involving persons present in the U.S. who may also be in violation of federal immigration laws,providing the assistance is consistent with the ordinance. This provision, in conjunction with #3 above, would prohibit a City police officer from aiding in a federal investigation or apprehending a person at the request of federal authorities, if the only reason for conducting the investigation or requesting the apprehension was the allegation that the person was an illegal alien. 6. Requires City employees to accept photo IDs issued by a person's nation of origin, such as a passport, foreign country drivers license, or matricula consular, when the City employee is obtaining proof of identity, unless state or federal law require a higher level of identification. While most City-offered services do not require a higher level of identity proof, several do based on federal or state law, including city employment, liquor license application, and notary services. October 4, 2005 -3- Item No. 28 7. Requires a City employee to tell a person why the City employee is requesting immigration status information if the person so requests. 8. Requires the City Manager to implement an ongoing training and education program to inform City employees and members of the community regarding the requirements of this Ordinance. Finally, there are two laws (one federal and one state) which do not directly conflict with the Ordinance,but which are important to be aware of so that the Ordinance is not interpreted or applied so as to be in conflict. The first is Title 8 of the U.S. Code, section 1373, which provides that no local law can be passed which prohibits or in any way restricts a government employee from sending to federal immigration enforcement officials information regarding the immigration status of any person. This law also permits City employees to exchange immigration information with any other federal,state,or local government. The Ordinance does not specifically prohibit these activities. The second is Colorado Revised Statute section 24-72.1-103,which prohibits a city from accepting, relying upon, or utilizing an identification document to provide services unless it is "secure and verifiable." The statute defines a "secure and verifiable" document as one that is used by a state or federal jurisdiction or recognized by the U.S. government and that is verifiable by federal or state law enforcement, intelligence, or homeland security agencies. The Ordinance contains a footnote which references this statute in the context of requiring City employees to accept ID other than U.S. state-issued drivers' licenses. The Ordinance permits City employees to accept IDs as may be required by state and federal law. ATTACHMENTS Documents from Human Relations Commission(HRC)and the HRC Task Force expressing support for the Ordinance: 1. Key points to consider 2. Letter of support with signatures of community agencies and individuals 3. Law Enforcement, State and Local Officials,Community Leaders,Editorial Boards and Opinion Writers Voice Opposition to Local Enforcement of Immigration Laws 4. Laws,Resolutions and Policies Instituted Across the U.S. Limiting Enforcement of Immigration Laws by Local Authorities 5. Recommendations of the Task Force from 2004 6. Resolution 2004-037 Reaffirming Certain Principles with Regard to Human Rights and Civil Liberties and Giving Direction to the Human Relations Commission 7. Resolution 2004-044 Appointing the Members of a Human Relations Commission Task Force ATTACHMENT The Fort Collins Human Relations Commission and the Task Force would like City Council to consider the following in regards to the Human Rights Protection Ordinance. 10/4/05 HISTORY • It was brought to the attention of the HRC and the City Council that crimes related to immigrant victims or witnesses were not being reported. These segments of Fort Collins population especially victims were hesitant to approach city officials because they feared harassment or intimidation for themselves or family members. This becomes a safety hazard for the entire community. • City Council responded by asking the HRC to organize a Citizens' Task Force to explore the issues and make recommendations to the city attorney who would draft an ordinance that would address these fears. City Council asked key community members to participate. Fort Collins Chief of Police was part of the Task Force along with the director of the city's Human Rights Office, several professors from CSU, local civil rights advocates, two attorneys and other concerned members of the community. • The Task Force met for over one year debating questions of immigration, racial profiling, harassment, fear and their effects on Fort Collins City policies. Finally, the debates crystallized into one issue that everyone could agree upon...when is it appropriate to ask the question "May I see your immigration papers?" to a local resident. CIVIL NOT CRIMINAL • Not having legal immigration status is a civil, not a criminal, violation.' There is no other instance where police should enforce non-criminal violations. Codifying the tradition and current policy that immigration enforcement should be left to the ICE (formerly INS) does not make our streets any less safe. • Out of necessity and with local budget constraints the Fort Collins police force should leave enforcement of Federal immigration laws to the appropriate Federal agencies. • We believe that city resources are better spent enforcing criminal law and protecting all community members instead of singling out certain individuals in order to prosecute civil offenses. • The HRPO protects members of our community from unnecessary interrogation. FEDERAL NOT LOCAL • The HRPO has nothing to do with Federal Immigration laws. It does not change those laws or advocate a position for or against levels of immigration. • It does not prevent federal immigration authorities from arresting or looking for people. • Immigration law is very complex. In many instances, it is quite difficult to determine if someone is in the United States legally. For example, domestic violence survivors who have petitioned for status, people afforded "TPS" (Temporary Protection Status), and applicants for asylum are legally in the country, but 'There is nothing criminal about being here out of status. Many people enter this country legally and then their status(for a variety of reasons) expires and they become undocumented. Others may have entered in a manner that constitutes a criminal violation (often a misdemeanor) in arriving here, for example illegal entry, use of forged documents, entry after deportation. Some of those people then legalize their status and become residents or citizens. However regardless of manner of entry or other potential violations one's status here is a civil, not criminal violation. an untrained City employee likely will not be able to recognize their status. It is a waste of resources and is potentially dangerous for all residents to have City employees trying to make such determinations. • Local law enforcement is geared to solve crimes, not to determine immigration status. • Immigration laws are Federal laws meant to be enforced by Federal agents. HUMAN RIGHTS • City employees should not treat individuals differently based on how they look or speak. • Fort Collins should do the right thing and take a strong stand to respect the human rights of all individuals. • Fort Collins should embrace diversity and encourage equal participation in the community. • Community members should not fear harassment. PUBLIC SAFETY • Our entire community suffers when witnesses or victims are afraid to report crimes or feel threatened in their own town. This does not make for a sense of community or a safe town. • Making people feel comfortable in their community makes a lot of sense and creates a healthy atmosphere for everyone who walks in our neighborhoods. It encourages proper interaction with the police, instills a sense of a harmonious community, and helps to overcome crimes by encouraging victims and witnesses to report and testify. • It is absolutely necessary that law enforcement reaches out to immigrants and people of color and develops relationships, particularly with communities targeted by hate incidents and hate crimes. • The HRPO will enhance public safety by creating a secured procedure for witnesses and victims to cooperate with police, not only reporting crimes but also reporting serious health issues that can affect the entire community. • The HRPO allows questioning of immigration status to be asked in a variety of circumstances by city employees including police in the proper execution of their jobs. FEAR • The intent of the HRPO is to: 1) protect victims and witnesses and encourage them to come forward and 2) have the city make a legal commitment that harassment and fear tactics are not part of city practices. • Some people who reside in Fort Collins are being subjected to unnecessary interrogation by city employees based on the way they look or speak. This results in a part of our population living in fear. • If people are afraid to call the police to report crimes, this reduces the public safety of ALL our residents. Unreported perpetrators of violence will pose more threats to all community members. • The proposed ordinance is a legislative solution that will make our public streets safer for ALL Fort Collins residents. SANCTUARY • The HRPO is not a sanctuary law. It does not prevent federal immigration authorities from arresting or looking for people. It does not affect federal investigation, arrest or deportation of immigrants. • It does not imply that Fort Collins is a sanctuary for illegal immigrants. It is committed to protecting its residents from unnecessary interrogation. It does not prohibit law enforcement officers and city employees from asking for documentation during the investigation of suspects in a criminal procedure ECONOMICS • If the City were to adopt the HRPO, we do not anticipate it will have any negative impact on City budget ATTACHMENT Submitted by the Human Relations Commission (HRC) and the HRC Task Force September 22,2005 Mayor and Members of City Council: We, the members of local community groups, service providers, and faith communities,are writing you to express our support for the Human Rights Protection Ordinance and to urge you to vote to pass the Ordinance. The Human Rights Protection Ordinance prevents city employees from asking questions about the immigration status of people seeking services. It does not prevent cooperation with Federal Authorities enforcing immigration laws or make any changes in immigration laws. It will increase the safety of our entire community and provide for the protection of the human rights of all members of our community. Currently many members of our community are fearful of accessing services because they are afraid that questions will be asked about their immigration status or the status of someone in their family. These people are not only undocumented immigrants,they are also US citizen family of immigrants, legal immigrants, and people in the community who may look like immigrants. Currently many victims and witnesses of crimes do not report crimes to the police because of these fears. Community policing is compromised when members of the community do not cooperate with the police. Public safety is jeopardized when crimes go unreported and victims continue to suffer abuses for fear of reporting crimes. The Human Rights Protection Ordinance will ensure that all members of the community have equal access to services including police services. In addition, many members of the community have reported receiving dissimilar treatment from city employees based upon their immigration status or perceived immigration status. Many of these complaints have come from US citizens who have been perceived as immigrants, discriminated against because of their appearance, and even questioned about their immigration status. The Hum an Rights Protection Ordinance will prevent profiling and discrimination based upon actual or perceived immigration status. We urge you to pass the proposed Human Rights Protection Ordinance and demonstrate that you value the human rights and dignity of all of the members of our community. Thank you for your support of the ordinance. Signed, Americal Friends Service Committee,Colorado Catholic Charities Northern Center for Justice,Peace, and Environment Colorado Progressive Coalition Compafieros Crossroads Safehouse Diversity Task Force, Foothills Unitarian Church Fort Collins Mennonite Fellowship Fort Collins Not in our Town Alliance Fuerza Latina Holy Family Church Latino Action Council Northern Colorado Local Currency and Bartering Project Rights for All People Strength Through Peace Women for Peace and Justice The Women's Resource Center Youth and Militarism Submitted by the Human Relations Commission (HRC) and the HRC Task Force ATTACHMENT Law Enforcement, State and Local Officials, Community Leaders, Editorial Boards, and Opinion Writers Voice Opposition to Local Enforcement of Immigration Laws Police Departments Washington, DC Metropolitan Police Department, Chief of Police Charles H. Ramsey "'The Metropolitan Police Department is not in the business of inquiring about the residency status of the people we serve, and we are not in the business of enforcing civil immigration laws,' the Chief of Police said during an afternoon news conference at MPD headquarters. `We are in the business of serving and protecting the people of Washington, DC-fairly, equally and without regard to their national origin, citizenship, or residency or immigration status. We want to carry out that mission in a partnership of trust and cooperation with all residents." ("Chief Ramsey Releases Statement Reaffirming MPD Policy Prohibiting Immigration Status Inquiries," 7/28/2003) Phoenix (AZ) Police Department, Police Detective Julio Caraballo "We are resolving cases, sometimes it takes one call, sometimes it takes 10 calls, but we're solving them." ("For detective reaching out to Latino community, it's all about...'CONFIANZA," AriZona Republic, 9/12/03) High Point (NC) Police Department, Police Chief Jim Fealy "The philosophy of the High Point Police Department as ling as I'm here is that I have no concern with anyone's immigration status, if you're the victim of a crime, you will be treated as a victim and not as a criminal yourself." ("High Point chief: Hispanics shouldn't fear police,"Associated Press, 8/18/03) Garland (TX) Police Department, Officer Steve Dye "Even if they're here illegally, they still have rights; they should call the police and report it. They are residents. We serve them like any other residents." ("Non-English speakers may face questionable business dealings," Dallas Morning News, 8/27/03) Houston (TX) Police Department, Spokesperson Silvia Trevino "The INS handles immigration. We handle crime." ("Local police may get role in immigrant law,"Baltimore Sun, 7/9/2003) Seattle (WA) Police Department, Chief Gil Kerlikowske "We didn't want to be perceived as a branch of the [Immigration and Naturalization Service]. Our mission is to protect people and not frighten people." ("'Don't ask'immigration policy urged for city workers,police," Seattle Post-Intelligencer, 12/11/02) Chicago (IL) Police Department,Tom Needham, Former General Counsel and Chief of Staff [Noting that the mission of police is to prevent and solve crimes] "It would be virtually impossible to do that effectively if witnesses and victims, no matter what their residency status, had some reluctance to come forward for fear of being deported." ("U.S. Weighs Local Role on Immigration," Cbicago Tribune, 4/14/02) 1 Los Angeles (CA) Police Department, Sgt.John Pasquariello "Because of our immigrant population here and our diverse communities, we don't want to alienate anybody, or give anybody fear...That's just not our policy. Hasn't been for twenty years." ("Police Want No Part in Enforcing Immigration,"Los Angeles Times, 4/5/02) Austin (TX) Police Department,Assistant Chief Rudy Landeros "Our officers will not, and let me stress this because it is very important, our officers will not stop, detain, or arrest anybody solely based on their immigration status. Period." ("Austin Police Won't Arrest People Only for Immigration Status," KEYE CBS,Austin, 4/5/02) Metropolitan Washington (DC) Police Department, Captain Maria Alvarenga-Watkins (ret.) "Our government has an important responsibility to act on the very real threats of terrorism that are of concern to all of us. But I, and many others in the law enforcement community, strongly believe that deputizing police officers to be INS agents will not help in this fight against terrorism but will make our communities less safe and our country no more secure." (Testimony at a public forum on Capitol Hill entitled "Selective Enforcement in Post 9-11 America," June 4, 2003) Denver (CO) Police Department, Chief Gerry Whitman "Communication is big in inner-city neighborhoods and the underpinning of that is trust. If a victim thinks they're going to be a suspect (in an immigration violation), they're not going to call us, and that's just going to separate us even further." ("Immigration Bill Has Police Uneasy," Denver Post, 4/22/02) Pawtucket (RI) Police Department, Chief George Kelley III "If a person is in this country illegally, they may think twice before coming forward if they suspect their legal residence was found out during the trial. That would be a concern for us. You look to get the trust of the community." ("Immigrant testifies, faces deportation. Danny Sigui helped prosecutors win a conviction in a criminal case. Two days later, he was arrested by immigration officials," Providence Journal, 7/31/2003) San Diego (CA) Police Department, David Cohen, Spokesperson "Our policy has been and continues to be that we are not federal immigration officers, and our department guidelines for dealing with undocumented persons are very strict and are unlikely to change." ("Police May Gain Power to Enforce Immigration," San Diego Union-Tribune, 4/3/02) Miami (FL) Police Department,Lt. Bill Schwartz, Spokesperson "We will not function in an INS capacity. It's not our job. Our job is to solve crimes. We have way too much to do to be acting as INS agents." ("Critics Assail Plan to Have Local Police Enforce Immigration Laws," Soutb Florida Sun-Sentinel, 4/25/02) Sacramento (CA) Police Department, Chief Arturo Venegas,Jr "I don't think it's a good idea. We've made tremendous inroads into a lot of our immigrant communities. To get into the enforcement of immigration laws would build wedges and walls that have taken a long time to break down." ("Administration Split on Local Role in Terror Fight," The New York Times, 4/29/02) 2 Metropolitan Washington (DC) Police Department, Chief Charles H. Ramsey "To begin in earnest checking immigration status, I can see where that could cause some tremendous strain. Unless there's some reasonable suspicion of a crime occurring, we need to be careful about the role we play." ("INS Role for Police Considered," The Washington Post, 4/4/02) Houston (TX) Police Department, Spokesperson Robert Hurst "We are in the business of investigating crimes—not enforcement of immigration laws." ("Houston police stick to hands-off immigrant policy," Houston Chronicle, 3/3/2003) Cobb County (GA) Police Department, Officer Brent Daniels "[W]e're trying to inject our objectives into the community and trying to establish that trust that 'I'm a police officer, and I care more about your well-being than immigration status. We've gotten to a point where [Latino community members] are beginning to recognize officers. They say 'Hello,' and we've gone from crimes being unreported to officers assigned to that area being sought out." ("Cobb police unit combats Hispanic gang lure,"Atlanta Journal-Constitution, 12/12/02) Putnam County (TN) Police Department, Sheriff Jerry Abston "I wouldn't have the resources to do that...Money's tight in the state in the counties, too. It's [the INS] job to take care of the borders, and I just think they need to do it." ("Midstate Authorities Balk at Possibly Enforcing Immigration Laws," The Tennessean, 4/15/02) Los Angeles (CA) Police Department, Public Information Officer Grace Brady "People without legal rights would not be willing to speak up or would be frightened of police if we did [begin enforcing civil immigration laws]." ("Value, Legality Debated as Local Police Become Immigration Cops," Hispanic link Weeky Roort, 6/9/03) Minneapolis (MN) Police Department, Chief Robert Olson "We have no concern about a person's immigration status. We don't ask. We don't want to ask. I think the only time, and I've said this many times, that we would be interested in a person's immigration status is if they are a criminal that we have arrested and are taking [them] to jail." ("Twin Cities Somalis meet with law enforcement,"Minnesota Public Radio, 3/2/03) Hillsboro (OR) Police Department, Chief Ron Louie "We're trying to build bridges with people living in fear. If police officers become agents of the Immigration and Naturalization Service, their ability to deal with issues such as domestic violence and crime prevention will be severely curtailed." ("Helping People Without Papers," Portland Oregonian, 4/5/02) Hackensack (NJ) Police Department,Lieutenant Tomas Padilla "Two immigrants recently helped us solve a crime. Maybe they were undocumented, we didn't ask. But maybe that cooperation would not have occurred if we were forced to ask them for their immigration documents. When immigrants fear they might be deported, they are not going to report the crime." ("Ashcroft comes to his senses," Bergen Record, 6/10/2002) Lake County (FL) Sheriffs Office,Mike Brewer, Legal Advisor 3 "It's an unfunded mandate. Now law-enforcement officers who should be looking for burglars and robbers are going to be looking for illegal aliens,with no additional monies for deputies coming down." ("Some Police Eager to Help INS Agents," Orlando Sentinel, 4/5/02) San Antonio (TX) Police Department, Chief Albert Ortiz "Any time we get mandates and more work without a commensurate amount of resources, something has to suffer. One of the beauties of living in San Antonio is we have a lot of diversity and we seem to pull together. If that [mandate] happens,we'd really have to think very hard about where it would be on our priority list, and if it would even be a priority...We've tried so very hard for years to build bridges to all segments of our community. This would be a setback in that regard." ("Sheriff,Top Cop Blast INS Proposal," San Antonio Express News, 4/5/02) Montgomery County (MD) Police Chief Charles Moose "We enforce criminal laws and INS enforces INS laws. . . . We try to build relationships with people in order to serve them, in order to assist them. Now this movement by the federal government to say that they want local officers to become INS agents is against the core values of community policing: partnerships, assisting people, and being there to solve problems. . . . I think it would be totally inappropriate to go down that path." ("Ask the Chief,"WTOP Radio, 5/29/2002) Ventura County (CA) Sheriff's Department, Eric Nishimoto, Spokesperson "We're not in favor of having our department being responsible for that function. The number one risk is the potential for civil rights violations. Right now we're involved in preventing any kind of racial profiling and this type of function could open us to that kind of risk...We feel our officers are not equipped to make that kind of determination of who is legal. In the 70's, one of our tasks was to round up illegals and it was very difficult to make that kind of determination. From a practical standpoint, we're not staffed to do that, especially in this time of budget reductions." ("Proposal for Police to Act as INS Agents Denounced," Ventura County Star, 4/6/02) San Joaquin County (CA) Sheriffs Office,Lt. Armando Mayoya "If police officers start reporting to the INS, more undocumented workers could wind up as victims. Criminals soon would realize that undocumented workers would be unlikely to call police for fear of being deported and target them for attacks. Racial profiling also could intensify if police are tasked with upholding immigration laws, and it wouldn't just be Latinos targeted by police." ("U.S. May Let State, Local Authorities Enforce Federal Immigration Laws," Dallas Morning News, 4/3/02) Whatcom County (WA) Sheriff Dale Brandland "My current policy is that if we run into an illegal alien,we detain them for the Border Patrol. We don't actively pursue illegal aliens. . . . We are underfunded as it is and to try to take on that responsibility is just unacceptable. . . . [The federal government has been trying to get us to do this] for years and quite frankly it just doesn't work. . . . It's really a sore subject for me. If there is a legitimate interest here, if there is a risk to our communities,we want to be a part of the team. What I would not do is go out and start hunting for illegal aliens just because John Ashcroft says I'm allowed to." ("Police balk at watching for illegal immigrants," Seattle Post-Intelligencer, 5/2/2002) Metropolitan Nashville (TN) Police Department, Don Aron, Spokesperson "We don't have any desire for all 1,300 members of the Police Department to be quasi-INS agents." ("Midstate Authorities Balk at Possibly Enforcing Immigration Laws," The Tennessean, 4/15/02) 4 Stockton (CA) Police Department, Chief Edward Chavez "To be quite honest, if people are law-abiding and are here to earn a productive life and be a contributing member of society...they should be allowed to live their lives." ("S.J. Officials Blast INS Role for Police," Stockton Record, 4/4/02) Waco (TX) Police Department, Chief Alberto Melis "I worry that there are people who don't ask for help because they have fear of the police." ("Waco Police Chief Asks Immigrants Not to be Afraid to Report Crimes," Waco Tribune-Herald, 4/15/02) Anaheim (CA) Police Department,Mike Hildalgo, Spokesperson "We have enough problems just doing our routine calls and investigating the everyday things. This would put additional burden on us that we probably wouldn't be able to handle." ("Immigrants Worried, Coe Pleased," Orange County Register, 4/4/02) Glenwood Springs (CO) Police Department, Chief Terry Wilson "That's a whole different area of law that we have to come up to speed on. We have enough on our plates right now. It's not as if we're out looking for extra things to do." ("Immigration Bill Has Police Uneasy," Denver Post, 4/22/02) Newark (CA) Police Department, Chief John R. Robertson "This is a democracy, based on freedom, and people have a right to basic human dignity. That means they're not going to be questioned just because of their appearance." ("Administration Split on Local Role in Terror Fight," The New York Times, 4/29/02) Arlington (TX) Police Department, Chief Theron Bowman "We can't and won't throw our scarce resources at quasi-political, vaguely criminal, constitutionally questionable, not any other evolving issues or unfunded mandates that azen't high priorities with our citizenry." ("2 Chiefs Oppose Immigration Role," Dallas Morning News, 4/5/02) Hillsdale (NJ) Police Department, Sgt. Robert Francaviglia "We've been trying to get the immigrants in our town to believe that we're not like many of the governments in their old countries, governments that were corrupt and wanted to railroad them, not serve them." ("Policing Immigration,"Bergen Record, 4/22/02) Palisades Park(NJ) Police Department, Chief Michael Vietri "If the Justice Department deputizes us and we make an arrest, then what do we do? Send them to the county jail? Now I'd be paying my officers to go to the county courthouse or jail, or worse, farther away to Newark? Who's going to reimburse us? There are so many people who could get arrested in Palisades Park alone, you're talking maybe having to deal with county and federal courts. The could take days, or more...the point about doing this to fight terrorism sounds like a decent idea, but when you go deeper, you see the possible effects." ("Policing Immigration,"Bergen Record, 4/22/02) Fairview (NJ) Police Department, Officer Ronald Bononno 5 "They're trying to make a living, that's what they're doing here. Ninety percent of the times, these guys are victims of crime. Should they have come legally? Sure, they should have. But they're working here, standing right on the same corner where my grandfather Carmine did when he came from Italy, to wait for people to pick him up for work." ("Policing Immigration," Bergen Record, 4/22/02) New York (NY) Police Department, Chief Michael Collins [A New York City executive order forbids the police department from checking the immigration status of crime victims, persons seeking assistance, or coming forward as witnesses] "This will not change. The most important thing is that people should not be afraid to come to us for help." ("INS Work Improper for NYPD," New York Daily News, 5/6/02) Minneapolis (MN) Police Department, Chief Robert Olson "We are not the INS, and we do not want to be the INS. That is a federal issue. . . . We want victims of crime to come to us and not fear being turned in to the INS." ("Olson, Rybak look to improve relationship with Somalis,"Minneapolis Star Tribune, 6/7/02) Tucson (AZ) Police Department, Chief Richard Miranda "I do not believe it is appropriate to allocate the limited resources of the Tucson Police Department to the issue of immigration control. We have worked hard to build bridges and establish partnerships with the diverse population of our city. I believe that taking on the additional role of enforcing immigration laws would jeopardize those relationships and create unneeded tension in our community." ("Expansion of foreigner arrest plan is feared,"Arizona Daily Star, 7/12/2002) Tucson (AZ) Police Department, Chief Richard Miranda "Under no circumstances are persons to be stopped or interrogated simply on the suspicion that a person is illegally in the country." ("No way to fight terror,"AriZona Daily Star, 6/20/2002) Pima County (AZ) Sheriff Clarence Dupnik "As a general rule, I wouldn't want our people certified as having the authority of a Border Patrol officer." ("Officials wary of border policing,"AnZona Daily Star, 8/l/2002) Bolder (CO) Police Department, Sheriff Joe Pelle Echoing the policy of his predecessor, Sheriff George Epp, Pelle said that as sheriff he would not order the county's deputies to enforce federal immigration laws. "Part of local policing includes building trust," he said. ("Tancredo targets I.D.s," Colorado Daily, 11/14/2002) Police Associations and Unions International Association of Chiefs of Police (IACP) "Mt is imperative that law enforcement [maintain] the trust and support of the citizens as partners in the co-production of public safety . . . . [T]his partnership has been established through the successful implementation of community policing initiatives. . . . [T]he principles of community policing are even more important post-September 11`h." (Resolution on "Community Policing—A Valuable Tool in the Fight Against Terrorism," 10/8/02) 6 California Police Chiefs Association, Chief Bob McConnell, President "[I]t is the strong opinion of the California Police Chiefs Association leadership that in order for local and state law enforcement organizations to continue to be effective partners with their communities, it is imperative that they not be placed in the role of detaining and arresting individuals based solely on a change in their immigration status." (Letter to Attorney General John Ashcroft, 4/10/02) Police Foundation, Hubert Williams, President "The nature of the police role is to establish the trust and confidence of people living in a community. That is a vital link for police for information on criminal activity...Where does [immigration law enforcement] fit in the context of priorities? Would it go ahead of robbery, homicide, drug offenses, any of those things?" ("U.S. Weighs Local Role on Immigration," Chicago Tribune, 4/14/02) National Latino Peace Officers Association,Jose Carlos Miramontes, President "If this means that we have to stop Mexicans and ask them for their documents, we certainly won't support this. That's called racial profiling, and we don't condone that type of action. We have other more pressing priorities that are more important to ensuring the safety of our community." ("U.S. May Let State, Local Authorities Enforce Federal Immigration Laws," Dallas Morning News, 4/3/02) Dallas Police Association, Senior Cpl. Glenn White, President "The strain on local police already is enormous, and to ask us to arrest and detain immigrants is something the federal government needs to address by funding the INS some more and hiring additional personnel." ("U.S. May Let State, Local Authorities Enforce Federal Immigration Laws," Dallas Morning News, 4/3/02) Washington Association of Sheriffs and Police Chiefs, Larry Erickson, Executive Director "We don't have enough people to do what we are supposed to do—without taking on jobs that the federal government is supposed to do." ("Police balk at watching for illegal immigrants," Seattle Post-Intelligencer, 5/2/2002) Houston (TX) Police Officers Union, Hans Marticiuc, President "It's very difficult in the immigration communities to get information from folks, and if there's a fear of being reported to the INS because of illegal status, then it just makes our job that much more difficult and it makes the city have that much more criminal activity." ("Houston police stick to hands-off immigrant policy," Houston Chronicle, 3/3/2003) Editorials, Op-Eds, and Columns American City and County, "Local law enforcement is getting robbed," 6/1/2002 "Frankly, I am more concerned about facing a home intruder than I am about crossing paths with a foreign student whose visa had expired. If forced to choose between putting a police officer on Main Street and putting one on the Immigration Trail, I would choose the former." Star Tribune(Ml9, "Papers,please? Council should pass no-ask law," 7/11/2003 7 "Authorities in all large cities have discovered that people worried about their immigration status, or about the status of their family or friends,will shun the police,will not come forward as witnesses when they see crimes committed, will not seek police protection even when they desperately need it. Some will even pull their children from school or avoid public hospitals or other health services. None of this behavior benefits the public good, nor does it reflect the kind of country and community we should be." Houston Chronicle, "Two Shocks: Rising crime, crooked cops diminish public confidence," 6/26/2002 "At the same time Police Chief C.O. Bradford is addressing apparent problems in his LAD, he can be reassured that he is correct in his policy of not allowing Houston police officers to serve as immigration law enforcers, as U.S. Attorney General John Ashcroft has sought in the national war on terrorism. Turning the police force into immigration cops would have limited utility as an anti-terror measure but would exacerbate current crime problems among Spanish-speakers, who would become too fearful to report crimes." Orange County Register, "A Dubious Policy," 4/9/02 "Along with other local departments, [Anaheim] has no desire to take on enforcement of federal immigration law. Such a policy would be unwise. It would blur the important distinction between national and local law enforcement and might divert local law enforcement resources from the more important job of trying to control crimes against people." Adanta Journal-Constitution, "Don't Send Police After Undocumented Workers," 4/16/02 "Most police departments have discovered that they need to develop better relationships with immigrant communities — many of who are already paranoid about uniformed government agents — if they are to solve crimes in those communities. How likely are illegal workers to give police tips on crimes if they fear arrest because they lack `papers?' Sending local police after undocumented workers would be a disastrous policy — and the taxpayers would end up paying for it. There would be more lawsuits such as the one following an ugly joint operation by the U.S. Border Patrol and local authorities in Chandler,Ariz., in 1997. Even U.S. citizens were arrested when they couldn't produce documents proving legal residence. They sued." San Diego Union-Tribune, "No Local Role," 4/4/02 "Mandating immigration responsibilities for cops — or school crossing guards, Boy Scouts or vigilantes, for that matter — is a terrible idea, little more that a cop-out by the federal government. If the INS is incapable of doing its job, then Congress should fix it. But do so at the federal level." Newsday, "Alien Idea," 4/8/02 "People in the country illegally would be forced further underground. Crime victims and witnesses without green cards would not cooperate with police or courts, if doing so meant risking deportation. Fueled by a heightened paranoia, some immigrants would pull their children out of school, avoid public hospitals and any other services that could bring them to the attention of local authorities. The predictable result would be a community-wide deterioration of public health and safety." San Francisco Chronicle, "Who should enforce immigration laws?" 5/18/2002 "The proposed policy would immediately destroy cooperation between police and undocumented immigrants. Anyone whose papers aren't in order would never report a crime, such as murder, 8 muggings, domestic violence and theft, to the police or offer information, because merely doing so would ensure that he or she would be arrested and deported." Houston Chronicle, "Houston officers' job is not immigration enforcement," 5/24/2002 "Houston police officers do not inquire about the visa or residency status of the people they encounter on their beats, not because it makes doing the job easier, but because it makes doing the job possible. . . . Especially in the wake of the Sept. 11 terrorism attacks, Americans are jittery about the "foreigners" in their midst. But many people who speak accented English or a foreign language, who have a darker complexion or who wear "funny" clothes are perfectly legal residents, or even American citizens. In the course of a police investigation, how are officers supposed to determine who is who? Rest assured that residents of certain communities would be hassled regularly to show proof of citizenship—which no one is required, for the time being, to carry—while others would escape this official harassment." Arizona Daily Star, "No way to fight terror," 6/20/2002 "Local police departments do not have the resources to add new and costly layers of law enforcement duties to their already lengthy responsibilities. Moreover, local police departments can pick from any number of objections to oppose Ashcroft's plan—all based on problems that immigration enforcement is projected to create for local police. One of those would be the tacit approval of racial profiling—a police tactic that most departments around the country have already rejected as more divisive than helpful. A more onerous result predicted by police is that the relationship between police and immigrants will be destroyed. The concern is that when a crime occurs, immigrants will be reluctant to contact police for fear of being jailed. It is a simple relationship of trust." New York Sun, "NYPD In Serious Quandary As War Is Brought Home,"Tamar Jacoby, 4/30/02 "Inner-city policemen have been struggling with this problem [whether or not to take on civil immigration law enforcement] for decades now, ever since the undocumented population started to swell in the 1970s. And most have concluded that their no. 1 challenge is to establish trust in immigrant communities — otherwise there can be no hope of effectively policing those neighborhoods. But the new Justice Department ruling would obliterate that trust overnight, taking big-city cops back to the bad old days when even a woman being battered by her husband or a bodega owner just robbed at gunpoint would be so worried about being deported that he or she wouldn't call the police." The New York Times, "Local Police Should Not Do an I.N.S Job," James M. Lindsay and Audrey Singer, 5/8/02 "Police have learned that people worried about their immigration status will shun cops, not cooperate with them. They are also reluctant to ask for police protection when they truly need it. The proposed change in policy would intensify the divide between immigrants—most of whom are here legally—and everyone else at precisely the moment when the country should be coming together." Chicago Tribune, "National crime stoppers?" Christopher Ho, 5/21/02 "The idea that a state or local law-enforcement agency could be converted overnight into a mini-INS trivializes both rigorous training that police officers must undergo to earn the public's trust, and the expertise needed to navigate the complex American immigration system." The American Prospect, "Alien Nation; The Justice Department takes on immigrants, er, terrorists,"Alex Gourevitch, 1/13/2003 "[Speaking out against the confusion surrounding local police authority and civil immigration law.] Since September 11, Ashcroft's office has issued a stream of executive actions that have made 9 immigrants afraid to follow the law, undermined law-enforcement officials' abilities to perform their duties and done little to gather worthwhile intelligence. The Justice Department's strategy for fighting terrorism—which has targeted the nation's 35 million-plus foreign visitors and estimated 8 million legal and illegal immigrants a year—has been to throw everything at a wall and see what sticks. As the edicts have poured forth, they have left confusion in their wake, not to mention threatened unnecessary deportation for numerous foreigners." Elected and Appointed Officials Washington DC Councilmember Graham "Our local police department has its hands full. It is best to leave immigration matters in the hands of those who are trained and qualified to handle those tasks. ("Chief Ramsey Released Statement Reaffirming MPD Policy Prohibiting Immigration Status Inquires," 7/28/03) Florida Governor Jeb Bush (R) "I would have a lot of trepidation if . . . every police officer was going to be a sworn INS officer and our duties end up with local law enforcement becoming the immigration cops of the country." ("Fla. Police May Be Given New Powers,"Associated Press, 6/10/02) Congressional Hispanic Caucus "If state and local agencies begin to enforce immigration law, immigrant communities might hesitate to access police services, report crimes, or even step forward as witnesses to provide important information about criminal acts...To allow state and local law enforcement agencies to arrest suspected undocumented immigrants based on immigration status would erode the trust that has developed between police and community residents in working together to combat crime...it could interfere with effective anti-terrorist initiatives as local resources are stretched and directed to federal efforts that belong at the hands of the Immigration and Naturalization Service...Involving local police officers in enforcing complex immigration law without adequate training or experience would likely result in false arrests and the detention of people who merely appear to be foreign-born or who speak a language other than English." (Letter to Attorney General John Ashcroft, 4/11/02) Representatives Lincoln Diaz-Balart (R-FL) and Ileana Ros-Lehtinen (R-FL) "We are concerned that your proposal to grant authority to local police departments to enforce federal immigration laws will irreparably damage the delicate relationship between police and immigrant communities and undermine effective immigration enforcement...By giving local police departments the power to enforce immigration laws, community-policing efforts will be endangered. The trust these localities have built between citizens and officers will be hampered if the local police are employed as a federal agency." (Letter to Attorney General John Ashcroft, 4/25/02) House Democratic Leader Richard Gephardt (D-MO) "Since September 11, the workload and responsibilities of law enforcement agencies have increased dramatically. Adding enforcement of immigration laws to their duties would increase this burden and, 10 as local authorities have argued, would hurt efforts to build relationships with immigrant communities who would be afraid to report crimes." (Statement, 5/15/02) Representative Silvestre Reyes (D-TX), Chair of the Congressional Hispanic Caucus "We [the Congressional Hispanic Caucus] understand and appreciate the need for our law enforcement agencies and departments to have a coordinated approach to confront all threats and to apprehend those who would do us harm. However, burdening local and state police officers with enforcing immigration laws is simply not a good idea." (Statement, 5/23/2002) Representative Robert Menendez (D-NJ) "[T[he way to make our nation safer is not to alienate large segments of the population; it is not to make people fear their local police. When large segments of the community are afraid to work with the police and are afraid to come forward and report crimes, then police have a harder time enforcing laws. As a former mayor, I have seen first hand how important it is for a local police force to have a good relationship with the community it serves. There must be an equal sense of trust and respect." (Statement, 5/23/2002) Representative Jose Serrano (D-NY) "The idea [of having local police enforce civil immigration igration law] was developed without full consideration of its ramifications. It will undermine trust in and cooperation with the police by immigrant communities. It will lead to expanded racial profiling. And it could cost the Federal government when those local and state authorities come seeking reimbursement." (Statement, 5/23/2002) Representative Jan Schakowsky (D-IL) "Allowing state and local police to enforce the civil component of federal emigration law would be detrimental to all Americans. Immigrants would become more suspicious of and less willing to work with local police. When large segments of the community are afraid to come forward and report crimes or testify in criminal cases,police have a very difficult time enforcing laws." (Letter to Attorney General John Ashcroft, 5/31/2002) Representative Bob Filner (D-CA) "Imposing state and local police forces with the responsibility of enforcing immigration laws will divert resources that local police forces need to maintain our public safety. These resources are already scarce. . . . We must support local and state police, and demand that the Department of Justice respect the responsibility of police to protect us from crime, and not to meddle in the application of immigration law" (Democratic Radio Response in Spanish, 6/l/02) Representative Barbara Lee (D-CA) "The strength of America lies in its diversity. We cannot pursue a policy that will inevitably make people targets for arrest and detention simply because of their ethnicity, or the way they look or speak." (Democratic Radio Response in Spanish, 6/3/02) California State Assembly Members Manny Diaz and Marco Antonio Firebaugh "WHEREAS, [1]ocal and state law enforcement agencies in California already respond to a great many calls for service unrelated to immigration, and the additional obligations of enforcing immigration law 11 would strain law enforcement resources . . . [1]ocal law enforcement officers, while talented and committed to proper enforcement of the laws, are not trained in immigration matters . . . [i]immigration enforcement has traditionally been a federal responsibility, and prior efforts by local authorities to assist have resulted in significant civil rights abuses against American citizens and law abiding persons . . . be it resolved by the Assembly of the State of California, the Senate thereof concurring, that under existing California law, state and local law enforcement agencies lack the legal authority to stop, arrest or detain persons based upon suspected or alleged violations of the civil provisions of the federal immigration laws." (Assembly Joint Resolution 57, introduced by Assembly Members Diaz and Firebaugh, not yet voted on, 6/2002) Los Angeles City Attorney Rocky Delgadillo "The development and enforcement of national immigration policy is—and should remain—the responsibility of the federal government. . . . Residents of our Los Angeles communities will have to balance the desire to assist local law enforcement with their fear of federal immigration officials investigating not only them, but their family and their friends." ("Delgadillo Opposes Federal Plan to Allow Local Police to Enforce Immigration Laws," Metropolitan News-Enterprise, 6/4/02) San Antonio (TX) Assistant City Manager Rolando Bono "As a city, we've opposed unfunded mandates. We will be concerned with the shift of additional responsibilities to the local level." ("Sheriff,Top Cop Blast INS Proposal," San Antonio EapressNews, 4/5/02) Ohio Attorney General Betty Montgomery "What you don't want is people who are in this country legally being harassed or embarrassed as a result of a failure to educate our officers. We don't want to make it difficult for legitimate visitors to our country to enjoy this country." ("Plan Would Involve Police in Immigration Cases," Columbus Dispatch, 4/18/02) Queens City (NY) Councilman and Former New York City Police Officer Hiram Monserrate "It would be a terrible mistake for the NYPD to participate in the enforcement of immigration laws. There has to be a positive police-community relation and if the NYPD gets involved in doing INS work,immigrants are going to trust the police even less." ("INS Work Improper for NYPD,"New York Daily News, 5/6/02) Francie Noyes,press secretary for Arizona Governor Jane Hull (R) "If they [the INS] need help, they should add to the federal resources." ("Police can now be drafted to enforce immigration law," Cbnstian Science Monitor, 8/19/2002) Community Leaders and Advocates Most Reverend Thomas G. Wenski, Auxiliary Bishop of Miami and Chairman, Committee on Migration of the United States Conference of Catholic Bishops "We believe that if carried out, such proposals would undermine the safety of both immigrants and citizens, and would overburden law enforcement... [Undocumented immigrants] will be less likely to report crimes that they witness and to cooperate with police and prosecutors in investigating and 12 prosecuting crimes. This will hurt immigrants as well as the wider community, by undermining the efforts of law enforcement and local communities to fight crime." (Letter to Attorney General John Ashcroft, 4/23/02) Raymond Flynn (Catholic Alliance, former mayor of Boston), David Keene (American Conservative Union), and Grover Norquist (Americans for Tax Reform) "[W]e believe that the policy change contemplated by the Department of Justice represents a dramatic shift which is likely to undercut local law enforcement while raising troubling new questions about the intersection of local law enforcement and Federal law. We support the efforts of this Administration to fight terrorism at home and abroad, but believe such efforts are ill served by sweeping and unnecessary policy changes that would have far broader implications for a free society." (Letter to President George W. Bush, 5/30/2002) Several National Ethnic, Religious, Civil Rights, and Immigrant Advocacy Organizations "We believe that expanding the purview of state and local law enforcement officers to include civil immigration law could have serious, detrimental effects on community safety. We fear that the damage this arrangement would do in eroding non-citizens' trust in law enforcement could have far-reaching and unintended consequences, and we respectfully ask that your administration reject this proposal." (Letter to President George W. Bush signed by American Immigration Lawyers Association, Arab American Institute, Leadership Conference on Civil Rights, League of United Latin American Citizens, Lutheran Immigration and Refugee Service, Mexican American Legal Defense and Educational Fund, National Association of Latino Elected and Appointed Officials Educational Fund, National Council of La Raza, National Immigration Forum, and Southeast Asia Resource Action Center, 4/24/02) 52 National and Local Organizations, Businesses, and Attorneys "This ill-conceived policy reversal will almost certainly increase racial profiling of both immigrants and non-immigrants at the hands of law enforcement authorities...any trust that currently exists will be shattered and violent crime against immigrants, from muggings to modern-day slavery, will almost certainly rise. The key to providing adequate police protection to immigrant communities is to build trust in the authorities, not to build new walls between the community and the police." (Letter to President George W. Bush and Attorney General John Ashcroft, 4/24/02) National Asian Pacific American Legal Consortium "We strongly oppose such a policy because of the extreme damage it would do to the ability of police to work with Asian Pacific American communities...Because many hate crimes are targeted against immigrant communities, investigating those crimes will be made even more difficult if police are tasked with the responsibility of enforcing immigration laws...[community members] will be even more afraid...fewer witnesses will come forth, crimes will go unreported, and people will be less likely to report suspicious activity—including acts leading up to terrorism." (Letter to the White House signed by Asian Pacific American Labor Alliance, AFL-CIO, Hmong National Development, Japanese American Citizens League, Korean American Coalition, National Asian Pacific American Bar Association, National Federation of Filipino American Associations, Organization of Chinese Americans, and Southeast Asia Resource Action Center, 4/19/02) Raul Yzaguirre, President and CEO,National Council of La Raza (NCLR) "NCLR believes that extending immigration enforcement authority to local police would not make the nation safer from terrorism but, rather,would lead to the erosion of trust between communities and the police, which would make us all less safe...By creating a climate of fear, DOJ's proposed action would 13 prevent immigrants and others who live in tightly-knit communities from providing information about crimes and public safety that police need to be effective." (Letter to President George W. Bush, 4/22/02) Family Violence Prevention Fund "Strong relationships between law enforcement and the community is [sic] one of the most valuable law enforcement tools available. . . . Immigration enforcement by local police undermines these strong relationships, and a local police department that enforces civil immigration laws will lose the trust of the community it serves and protects." (Letter to Attorney General John Ashcroft, 9/30/2002) Kentucky Domestic Violence Association "This [change in policy would] have a chilling effect on the reporting of domestic violence and victims' efforts to escape the abuse. Even the mention that the Department of Justice is considering the use of local law enforcement to check immigration status will be exploited by abusers within the immigrant community. The abuser will seek to maintain control through the use of threats that calling the police will get one or both of them deported." (Letter to Attorney General John Ashcroft, 4/25/2002) City of Takoma Park (MD) "We the residents of the City of Takoma Park hereby urge that, to the extent legally permissible. . . [a]ll City officials and employees continue—in keeping with our City's Sanctuary status, and with our long and distinguished history of protecting the human rights of our residents—to preserve all Takoma Park residents' freedoms of speech, religion, assembly, and privacy; and that all Local law enforcement personnel refrain from participating in the enforcement of federal immigration laws." (Resolution on civil liberties, October 29, 2002, http://www.aclu org/SafeandFree/SafeandFree cfm>ID=11105&c=207) Frank Sharry, Executive Director, National Immigration Forum "If the Justice Department is going to give the green light to local law enforcement to cooperate with the INS,it'll jeopardize the efforts by local police to build relations with local communities. It's a classic post-Sept. 11 Justice Department move. They want to improve security, but they're driving away the very people who can provide help to law enforcement." ("Ruling Clears Way to Use Police in Immigration Duty," The New York Times, 4/4/02) John Dulles, Regional Director, U.S. Civil Rights Commission, Denver, Colorado "No other metropolitan area in the United States considered cross-deputization after Salt Lake City voted it down. Folks all over the country were aware of that happened in Salt Lake City, and even the Justice Department backed off to some extent... Public safety police functions are not compatible with making determinations about who is in this country illegally. Most police departments have passed policies to limit cooperation with immigration authorities. They don't want a part of the community fearful of reporting crimes or cooperating." ("Rights Advocates Slam Plan for Local Police to Enforce Immigration Laws," Salt Lake Ttibune, 4/5/02) Jennifer Corrigan, Public Policy Director, Colorado Coalition Against Domestic Violence "Studies consistently show that battered women often do not access the criminal justice system because abusers feed them misinformation about the laws in this country. The Department of Justice proposal would make abuser's threats real. It would give batterers an extra tool for exerting control over their 14 victims and give U.S. citizen and lawful permanent resident batterers free reign to continue to commit the crime of domestic violence, free from the fear that their partner will report them. Is this the message that the Department of Justice wants to send to victims of crime?" (Statement, 5/30/2002) Margie McHugh, Executive Director,New York Immigration Coalition "This would have a devastating effect on immigrant communities because...immigrants would feel they can't come forward to report crimes for fear of deportation." ("U.S. May Seek Local Aid in INS Enforcement,"Newsday, 4/4/02) Cheryl Little, Executive Director, Florida Immigrant Advocacy Center "It's going to make our community less safe, because immigrants are going to be less likely to trust the local police. This is going to drive people further underground." ("Immigrant Activists Rip Proposal,"Miami Herald, 4/25/02) Laura Murphy and Timothy Edgar,American Civil Liberties Union "Involving state and local law enforcement in immigration status issues will have a severe impact on the civil rights and civil liberties of immigrant communities. Such a policy will increase racial profiling and other unjustified stops, not only of undocumented workers, but also of legal residents and United States citizens who `look foreign.' As you are aware, many of these problems have plagued earlier efforts of state and local law enforcement officers to become involved in civil immigration enforcement. For example, an effort in 1997 in Chandler, Arizona on the part of local police to enforce immigration laws resulted in widespread civil rights abuses, including unjustified arrests of legal residents and citizens of Mexican descent, severely strained police and community relations, and lead to substantial liability on the part of the municipality." (Letter to Attorney General John Ashcroft, 6/4/2002) Frank Delgadillo, Orange County (CA) Congregation Community Organization "This is going to affect our community. As it is, people are afraid of the police. They're afraid to report what's happening in the community." ("Immigrants Worried, Coe Pleased by Proposal," Orange County Register, 4/4/02) Teresa Ortiz, President, Casa Guanajuato (TX) "This is a step backwards for immigrants because it would only make us suspicious of our local police and that's not good in building trust, especially among recent immigrants." ("U.S. May Let State, Local Authorities Enforce Federal Immigration Laws," Dallas Morning News, 4/3/02) Henry Lacayo, President, El Concilio del Condado de Ventura (CA) "It's a bad, bad idea. Many immigrants are not being preyed upon by unscrupulous folks so if the police become involved in immigration enforcement this will drive them further underground." ("Proposal for Police to Act as INS Agents Denounced," Ventura County Star, 4/6/02) Xuan-Trang Tran-Thien, Associate Director, Washington Alliance for Immigrant and Refugee Justice "If the Seattle Police Department is serious about community policing, then they need to develop trust within those communities ... including the immigrant or refugee communities." ("Police balk at watching for illegal immigrants," Seattle Post-Intelligencer, 5/2/2002) 15 Pramila Jayapal, Director, Hate Free Zone Campaign of Washington "We have tried this approach before in 1942 with the Japanese internment; we can't possibly repeat those experiments again. One of our biggest concerns is that policies like this could lead to increased racial profiling. . . . Immigration enforcement is a federal matter, and local police are responsible for protecting the community—all of the community—including immigrants and non-immigrants, citizens and non-citizens." ("Police balk at watching for illegal immigrants," Seattle Past-Intelkgencer, 5/2/2002) Allan Wenick, Immigration Attorney,New York "Law enforcement resources are limited. They should be used to go after bad people, not immigrants who are only seeking a better life for themselves and their families." 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The purpose of the HRC Task Force was to review issues raised in a draft Human Rights Protection ordinance and to provide Council with recommendations. The draft Human Rights Protection ordinance was originally presented to Council by the HRC in January, 2004. City Council appointed the above listed members to the Task Force on March 16, 2004, and the HRC Task Force held their first meeting on March 18. Over the course of the next four months, the Task Force met a total of seven times and discussed a variety of issues in great depth. During initial discussions, Task Force members identified several issues, including the following: - Questioning immigration status and asking people for documentation - Racial profiling - Racism in the community & need for cultural sensitivity training Fear in the immigrant community Public safety The entire community benefits when health, educational and human services are accessed Allowing appropriate people to do their jobs Consideration of ordinance vs. resolution The key "sticking point' was found to be around the area of law enforcement and whether they should ever be able to ask about immigration status, and if so, when and under what circumstances? The following recommendations address this question, as well as provide direction on the other main issues. RECOMMENDATIONS The Task Force, by majority vote (10-1), recommends that City Council adopt a Human Rights Protection Ordinance. The dissenting vote supported the following conclusions but desired that this legislation be passed in the form of a resolution, not an ordinance. The Task Force acknowledges that the intent of the existing resolution is good, but is concerned that it does not have binding force. Consequently, the majority of Task Force members agreed that it is essential that an ordinance be adopted to provide accountability and to guarantee that people would be safe while accessing services. By unanimous agreement, the Task Force recommends that any legislation would meet the following goals: • promote community safety, • protect witness and victims, • prevent racial profiling or profiling based on immigration status, • prevent pretextual arrests, • promote tolerance, and • allow people to do their jobs. The Task Force agreed that its job was to make recommendations to the City Council regarding the issues raised in the Draft Human Rights Protection Ordinance as mandated by Resolution 2004-037, Section 2, Part B, empowering the Task Force. The Task Force understood that racial profiling would be dealt with more specifically by other legislation and encourages educational programming to support the ordinance. The Task Force submits these recommendations with the understanding that the City Attorney would draft legislation based upon these recommendations. It is the understanding of the Task Force that the ordinance can apply only to the Fort Collins Police Department and other city employees, and not to other law enforcement agencies working within Fort Collins. To expand recommendations beyond the City of Fort Collins would exceed the scope of this Task Force. However, the Task Force notes for the record that there is a strong respect for Chief Harrison and his agency from community groups for being a positive participant in this process. Police Services is singled out only because they have jurisdiction, and among all law enforcement agencies, Fort Collins Police Services has been a good example. Therefore, the task force recommends: A. The Task Force recommends that the ordinance should apply to both law enforcement and non-law enforcement agencies. City employees may need to ask about immigration status to provide services. If information is needed about immigration status the employee must inform the person seeking services of the reason the information is needed. The information about immigration status shall not be released to any other agencies without the written consent of the individual seeking services. City employees were defined as those who are employed by, or volunteer for, the City of Fort Collins, including board and commission members, contract employees, and interns. B. Because law enforcement has broader authority and responsibility they should be subject to the following additional restrictions: 1. Immigration status may only be asked of suspects when it is essential to the investigation of a violation of criminal statute. It may not be asked during the investigation of traffic offenses or petty offenses. 2. It is permissible for law enforcement to inquire about immigration status when there is a bond, a warrant, or when an arrest is made and the individual has no valid identification. 3. Law enforcement officers will be prohibited from asking immigration status of witnesses and victims unless the provisions of#1 or#2 apply. In addition, the Task Force recommends to the HRC that the ordinance contain, or be accompanied by, an educational component. Ongoing education and cultural sensitivity training is essential to the ordinance and to the community. Training should be for immigrants as well as for City employees, law enforcement and the community at large. As part of this, the Task Force supports a project by CSU students, Fuerza Latina and other groups to develop a"know your rights" card to be distributed to immigrants. SUMMARY In summary, the Task Force recommends that the HRC request that three or more City Council members direct staff to draft a Human Rights Protection Ordinance that meets the recommendations provided above. The Task Force cordially requests that the HRC provide Task Force members with a copy of any HRC comments and recommendations which accompany this recommendation when it is sent to City Council. Assuming that these recommendations are followed and work begins on an ordinance, Task Force members also request they be allowed to provide input into the document drafted by the City Attorney's Office prior to it going to City Council for adoption. ATTACHMENT 6 RESOLUTION 2004-037 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAFFIRMING CERTAIN PRINCIPLES WITH REGARD TO HUMAN RIGHTS AND CIVIL LIBERTIES AND GIVING DIRECTION TO THE HUMAN RELATIONS COMMISSION WHEREAS,the City's Human Relations Commission("HRC")has been established by the City Council to promote positive interaction among all City residents and to discourage all forms of discrimination based upon the diversified values and individual differences of such residents; and WHEREAS, toward this end, the Council has assigned certain functions to the HRC which are set forth in Section 2-263 of the City Code; and WHEREAS, such functions include developing and promoting educational programs and activities; cooperating with and providing leadership and support for other groups interested in promoting diversity and positive intergroup relations;educating City residents;reviewing proposed legislation; making recommendations to the City Council; assisting residents of the City in filing discrimination complaints; hearing appeals from decisions of the City Manager relating to such complaints; facilitating the review of citizen complaints concerning the action of City employees; and performing such other functions as may be committed to the HRC by other ordinances or resolutions of the City; and WHEREAS,in response to certain proposed Federal legislation dealing with the enforcement of Federal immigration laws, the HRC and other members of the Fort Collins community have requested that the City Council reexamine any policies or practices of the City which may directly or indirectly affect the rights or liberties of community members, in order to promote positive interaction among all members of the community and to strengthen, if necessary, the safeguards provided by the City to guard against any and all forms of unlawful discrimination or harassment. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 1. That the City Council hereby reaffirms the following principles: (a) That all officers and employees of the City will,in their dealings with members of the community and with each other,respect the rights of all people. (b) That no officer or employee of the City will engage in racial profiling. (c) That officers and employees of the City will inquire about the immigration status of community members only in conjunction with other normal, legally permissible investigations or activities. 2. That the HRC is hereby authorized and directed to undertake the following activities in addition to those other functions and duties assigned to the HRC under Section 2- 263 of the City Code: (a) Work with other City boards and commissions, as well as other community agencies,to ensure that community members who believe their civil rights have been violated,either by the City of Fort Collins or others, have appropriate recourse. Toward that end, the HRC should review the complaint processes referenced in Chapter 13 and in Section 2-140 of the City Code;solicit feedback from community members relative to harassment,profiling or the complaint processes; and make recommendations to the City Council on (I) how such complaint processes might be simplified or made more easily accessible, safe and confidential; and (ii) how, if at all, other City policies,programs or practices may be improved so as to better guard against harassment, profiling or unlawful discrimination. (b) Establish a citizen task force that includes cross-functional community stakeholders (including Police Services, the Northern Colorado Multicultural Corporation,the City of Fort Collins Human Rights Office, Colorado State University and other community organizations) to review the issues raised in the draft human rights protection ordinance that had been suggested to the Council by the HRC,and to provide to the City Council any recommendations made by such task force. The task force shall consist of members appointed by the City Council by Resolution and shall include those persons recommended by the HRC, as well as any additional members that the City Council may appoint. If the recommendations of the task force or the HRC include the adoption of any new legislation by the Council,such recommendation shall be submitted to the Council for its consideration,prior to the drafting of any such legislation,so that the Council may decide, pursuant to its established policy, whether the preparation of such legislation for Council consideration is supported by three or more members of the Council. (c) Submit to the City Council any recommendations regarding additional approaches and/or marketing techniques that the City might use in distributing boards and commission applications in order to increase the number of minority applicants for membership on such boards and commissions. 2004 passed and adopted at a' egular meeting° the City Council held this 2nd day-"4&ch,A.D. AT7'88T: yor City Clerk ATTACHMENT RESOLUTION 2004-044 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING THE MEMBERS OF A HUMAN RELATIONS COMMISSION TASK FORCE WHEREAS, on March 2, 2004, the City Council adopted Resolution 2004-037, which resolution, among other things, authorized and directed the Citys Human Relations Commission ("HRC")to establish a citizen task force(the"Task Force")to review certain issues raised in a draft Human Rights Protection Ordinance which had previously been suggested to the City Council by the HRC, and to provide to the City Council any recommendations made by the Task Force; and WHEREAS, the Task Force is to include cross-functional community stake holders, including Police Services, the Northern Colorado Multi-Cultural Corporation, the City of Fort Collins Human Rights Office, Colorado State University and other community organizations; and WHEREAS, the Task Force is to consist of members recommended by the HRC and any additional members that the City Council may appoint; and WHEREAS, the City Council has received the recommendations of the HRC as to the members that it believes should be appointed to the Task Force. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby approves the establishment of the Task Force to perform the functions described above. Section 2. That the members of the Task Force shall consist of the following persons: Olivia Abeyta Dennis Harrison Barbara Catbagan Janet Laughon Cheryl Distaso John Lincoln Michael Esters Socorro Prado Leroy Gomez Kim Salinas Mary Gomez Mohammad Sidiqqui Blaine Harding Norberto Valdez Section 3. That, upon completion of its review of the issues raised in the draft Human Rights Protection Ordinance referenced above, the Task Force shall submit to the HRC any recommendations regarding the same. Section 4. That the foregoing recommendations of the Task Force shall be forwarded to the City Council by the HRC, together with any comments or recommendations pertaining thereto that the HRC may wish the City Council to consider. Passed and adopted at a regular meeting of the City Council held this day of Mar ph, A.D. 2004. Mayor ATTEST: �"h City Clerk ORDINANCE NO . 119, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 13 OF THE CITY CODE TO ADD A NEW ARTICLE III CONCERNING DISCRIMINATION BASED ON IMMIGRATION STATUS WHEREAS , Fort Collins is a city striving to respect the rights of, and provide equal services to, all individuals regardless of race, ethnicity, or immigration status ; and WHEREAS , Fort Collins is a city striving to promote community safety, protect witnesses and victims, prevent racial profiling and profiling based on immigration status, prevent pretextual arrests, promote tolerance, and allow people to do their jobs ; and WHEREAS , recent terrorist attacks and the resultant tightening of security may have left immigrant communities afraid to access benefits to which they are entitled, for fear of being reported to the United States Immigration and Customs Enforcement (formerly, INS) ; and WHEREAS , this Ordinance is consistent with federal laws regarding localities ' responsibilities to cooperate with federal immigration authorities ; and WHEREAS , this Ordinance is an effective way to guide city officials and employees in adhering to federal law while protecting the safety and health of all members of the Fort Collins community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS , COLORADO as follows : Section 1 . That Chapter 13 of the City Code is hereby amended by adding thereto a new Article III to read as follows : ARTICLE III. DISCRIMINATION BASED ON IMMIGRATION STATUS Sec. 13-30. Discrimination based on immigration status prohibited. (a) For the purposes of this section, the term "city employee" shall mean all City of Fort Collins employees, elected city officials, authorized city volunteers, and members of city boards and commissions . (b) No city employee shall inquire into the immigration status of any person, or engage in activities designed to ascertain the immigration status of any person, while the city employee is acting within the scope of his or her employment with the city. As used in this subsection, "any person" shall include, but not be limited to, victims and witnesses of crime. 1 (c) No city employee shall use city resources or personnel for the purpose of detecting or apprehending persons whose only violation of law is or may be being an undocumented alien, being out of immigration status, or illegally residing in the United States . (d) Notwithstanding the prohibitions set forth in subsections (b) and (c) above, the following activities of city employees are expressly permitted and such activities shall not constitute a violation of this section: ( 1 ) Immigration status information may be solicited when specifically required by any city, state, or federal law or program guidelines as a condition of eligibility for the service sought. City employees are to carry out their regular duties for the purpose of administering general services and programs . (2) Immigration status information may be solicited for the purpose of completing I-9 forms, and, when relevant, in making hiring and payroll withholding decisions. City employees may complete 1-9 forms, may question a person regarding the I-9 form and documents supporting the I-9 form, and may allow federal authorities to audit the I-9 forms as allowed by law. City employees shall comply with any properly issued subpoena for the production of documents or witnesses, even if related to immigration issues or other security issues . (3 ) A City employee may ask a person for identification, if such inquiry is reasonably related to the performance of the employee ' s duties, even if the person' s response to the inquiry is to produce immigration status information. (4) Immigration status information may be solicited when it is relevant to threatened or actual civil litigation, or administrative proceedings . (5) Immigration status information may be solicited of suspects only when it is essential to the investigation or prosecution of a violation of a criminal statute . For the purposes of this exception, "criminal statute" shall mean a felony or misdemeanor offense as defined by federal, state or local law. "Criminal statute" shall not mean a petty offense or civil traffic infraction. (6) City employees may inform persons of the possible immigration consequences of a guilty plea. (7) Immigration status information may be solicited by law enforcement, prosecuting, or court employees when reasonably necessary for 2 bonding, conditional release, warrant, or arrest, or when relevant to plea negotiations, examination or cross examination at trial or hearing, sentencing decisions, or other court proceedings . (8) City employees performing public safety functions may assist federal law enforcement officers in the investigation of criminal activity involving individuals present in the United States who may also be in violation of federal immigration laws, but must assist in compliance with this section. (e) Where presentation of a state driver ' s license is customarily accepted as adequate evidence of identity, a city employee shall, to the extent permitted by state and federal law' , accept identification in the form of a photo identity document issued by the person ' s nation of origin, such as a driver' s license, passport, or matricula consular, and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided a Colorado driver' s license . This provision shall not apply when federal, state, or local law requires a higher level of identification. (f) Upon the request of the person being questioned, a City employee who is lawfully questioning a person about the person ' s immigration status shall provide the person with the reasons for requesting such information. Section 2 . That the City Manager shall implement an ongoing training and educational program to inform city employees and members of the community regarding the requirements of this Ordinance . Introduced and considered favorably on first reading and ordered published this 4th day of October, A.D . 2005 , and to be presented for final passage on the 18th day of October, A.D . 2005 . Mayor ATTEST : City Clerk ' See, for example, section 24-72. 1 - 101 , et seq. , Colorado Revised Statutes, regarding identification required in the provision of city services and in the issuance of city licenses, permits, and official documents. 3 Passed and adopted on final reading this 18th day of October, A.D . 2005 . Mayor ATTEST : City Clerk 4