“OPD employees shall not provide law enforcement assistance… to I.C.E. in any capacity,” according to OPD Lt. Dorham

By Ken Epstein

Elected leaders and organizations around the country are refusing to cooperate with President Trump’s mass roundups and deportations.  In the forefront are African American mayors of several major cities, including Brandon Johnson of Chicago and Newark Mayor Ras Jua Baraka.

“When 30,000 Ukrainians sought asylum here in the City of Chicago, nobody said a mumbling word. But all of a sudden (when) indigenous people who are trying to get to a land that was robbed from them through colonization, they want me, as a Black man, to be mad at them. You got to be out of your freaking mind,” said Mayor Johnson.

“Regardless of who is in the White House, Chicago is a city that opens its arms to people from around the globe,” he said. “We will continue to protect civil and human rights, and we welcome all individuals and families who want to work, live and thrive here in our beloved city. The Welcoming City Ordinance is a law, and it is the law of the land here in Chicago. We will uphold it, along with the complementary Illinois Trust Act to ensure that our immigrant communities are safe.”

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Tom Holman, Trump’s hand-picked border czar, replied with threats.  “If your Chicago mayor doesn’t want to help, he can step aside. But if he impedes us — if he knowingly harbors or conceals an illegal alien — I will prosecute him.”

“Chicago is in trouble because your mayor sucks and your governor sucks,” Holman said.

In Newark, Mayor Baraka released a strong written statement following a n immigration raid in his city.

“(On Jan. 23), U.S. Immigration and Customs Enforcement agents raided a local establishment in the City of Newark, detaining undocumented residents as well as citizens without producing a warrant. One of the detainees is a U.S. military veteran who suffered the indignity of having the legitimacy of his military documentation questioned,” said Baraka.

“This egregious act is in plain violation of the Fourth Amendment of the U.S. Constitution, which guarantees the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. Newark will not stand by idly while people… are being unlawfully terrorized. I will be holding a press conference in alliance with partners ready and willing to defend and protect civil and human rights.”

In California, Attorney General Rob Bonta has issued guidelines to law enforcement agencies in the state describing their obligations under SB 54.

“While (President Trump) spouts xenophobic rhetoric and makes plans to implement his inhumane mass deportation agenda, California is focused on protecting our communities,” said Bonta.

“No matter who is in the White House, California will continue to lead with California values – and we will not divert vital public safety resources for federal immigration enforcement,” he said.

Under existing state law, SB 54, California law enforcement agencies:

• Are prohibited from investigating, interrogating, detaining, or arresting persons for immigration enforcement purposes;
• Are not allowed to honor transfer and notification requests or provide information regarding a person’s release date except in certain circumstances;
• Cannot allow officers to be supervised by federal agencies or deputized for immigration enforcement purposes.
• May not enter into new contracts with the federal government to house or detain noncitizens in a locked detention facility for purposes of immigration custody.
• Are prohibited from participating in joint law enforcement task forces where the primary purpose of the task force is immigration enforcement.

Locally, a statement issued by the office of U.S. Rep. Lateefah Simon said that Simon stands “firmly in solidarity with our immigrant families whose contributions through their skills, dreams, and resilience are woven in the fabric of America’s story.”

In a presentation to the Oakland Police Commission in January, OPD Lt. Gordon Dorham said, “The City of Oakland has a tradition of embracing diversity and respecting civil and human rights, regardless of immigration status. Oakland has been on record as a city of refuge since 1986 and reaffirmed its status as a sanctuary city in 2016.

Continuing, Lt. Dorham said the city’s cooperation agreement with the U.S. Immigration and Customs Enforcement (ICE) was terminated in 2017.

Under the Oakland Sanctuary City Ordinance. “OPD employees shall not provide law enforcement assistance, including traffic support to ICE, including any subdivision of ICE in any capacity except to respond to a public safety emergency related to an ICE action or where assistance is required by federal, state, statute, regulation, or court decision,” he said.

“In the event OPD assists in ICE investigation, detention, arrest, or any other operation, OPD shall explain the facts that gave rise to its action in a written report to the Public Safety Committee,” Lt. Dorham said.

“OPD shall not provide federal immigration agencies access to individuals solely for the purpose of immigration enforcement. Officers shall not inquire or request proof of.”

Ken Epstein

Posts by Ken Epstein