Monthly Archives: April 2017
The ACLU recently launched an ambitious campaign called “Freedom Cities.” In support of this campaign, People Power activists will organize in their local communities to ensure that local law enforcement officials defend – rather than threaten – friends, families, and neighbors. The ACLU hopes to activate a powerful grassroots force to support the ACLU’s efforts to propose, support, and win local laws to protect the civil liberties of all Americans.
On their website, the ACLU proposes a 9 “model” state and local law enforcement policies and rules for the immigration front of their plan.
#1) The Judicial Warrant Rule: [County/City/State] officials shall require a judicial warrant prior to detaining or in any manner prolonging the detention of an individual by (ICE) or (CBP).
#2) No Facilitation Rule: [County/City/State] officials shall not arrest, detain, or transport an individual solely on the basis of an immigration detainer or other administrative document issued by ICE or CBP, without a judicial warrant.
#3) Defined Access/Interview Rule: Unless acting pursuant to a court order or a legitimate law enforcement purpose that is unrelated to the enforcement of a civil immigration law, no [County/City/State] official shall permit ICE or CBP agents access to [County/City/State] facilities or any person in [County/City/State] custody for investigative interviews or other investigative purposes.
#4) Clear Identification Rule: To the extent ICE or CBP has been granted access to [County/City/State] facilities, individuals with whom ICE or CBP engages will be notified that they are speaking with ICE or CBP, and ICE or CBP agents shall be required to wear duty jackets and make their badges visible at all times while in [County/City/State] facilities.
Protect our friends, families and neighbors’ privacy from the Trump administration: #5) Don’t Ask Rule: [County/City/State] officials shall not inquire into the immigration or citizenship status of an individual, except where the inquiry relates to a legitimate law enforcement purpose that is unrelated to the enforcement of a civil immigration law, or where required by state or federal law to verify eligibility for a benefit, service, or license conditioned on verification of certain status.
#6) Privacy Protection Rule: No [County/City/State] official shall voluntarily release personally identifiable data or information to ICE or CBP regarding an inmate’s custody status, release date or home address, or information that may be used to ascertain an individual’s religion, ethnicity or race, unless for a law enforcement purpose unrelated to the enforcement of a civil immigration law.
#7) Discriminatory Surveillance Prohibition Rule: No [County/City/State] agency or official may engage in any surveillance that is based, to any extent or degree, upon a person or group’s actual or perceived religion, ethnicity, race, national origin, or immigration status, except where doing so is based on a reliable, specific description of a suspect and adheres to appropriate Constitutional standards.
#8) Redress Rule: Any person who alleges a violation of this policy may file a written complaint for investigation with [oversight entity].
#9) Fair and Impartial Policing Rule: No [County/City/State] official shall interrogate, arrest, detain or take other law enforcement action against an individual based upon that individual’s perceived race, national origin, religion, language, or immigration status, unless such personal characteristics have been included in timely, relevant, credible information from a reliable source, linking a specific individual to a particular criminal event/activity.
The ACLU also highlights that the Administration has falsely asserted, that if localities do not help advance the mass deportation agenda, they are violating federal law. The following rule, would help ensure your city, county or town establishes its clear intent not to violate federal law.
1373 Rule: Under 8 U.S.C. § 1373 and 8 U.S.C. § 1644, federal law prohibits [City/State] officials fromimposing limits on maintaining, exchanging, sending, or receiving information regarding citizenship and immigration status with any Federal, State, or local government entity. Nothing in the 9 policies above, is intended to violate 8 U.S.C. § 1373 and 8 U.S.C. § 1644.
All Photo credit goes to ACLU. For more information please go to the ACLU Freedom Cities website