Thread: OH - ACLU Calls New Painesville Immigration Policy "Racial Profiling"

Posted By Sam Allard on Mon, Jun 5, 2017 at 12:52 pm

Lake County residents say they plan to fill Painesville City Hall at a City Council meeting Monday evening to oppose the city of Painesville's new policy on immigration.

That policy — policy 413 — is set up so that anyone charged with a serious crime (including an OVI) would be immediately reported to the U.S. Immigrations and Customs Enforcement agency, volunteer Maggi Barth told Scene.

The ACLU of Ohio, in a letter dated May 25, wrote to Painesville Police Chief Anthony Powalie objecting to the policy. It urged the department to rescind the policy, which it said “directs the Painesville Police to engage in unlawful racial profiling, and to venture into the unauthorized enforcement of federal immigration law.”

Federal law (8 USC 1373) requires local law enforcement to cooperate with federal immigration authorities when requested. It does not authorize local law enforcement agencies to inquire and collect immigration information and status and actively report that to federal immigration authorities.

“Of course we don't want violent crime, drugs or gang activity in the city. But we do not support Policy 413.” said Kelsey Fischer in a press release. (Fischer is purchasing a home in Painesville.) “By instructing police to report someone to immigration when they have been merely charged with a crime, Policy 413 violates the constitutional right that we all have – regardless of our immigration status – to a fair trial.”

Painesville residents attended last month's Painesville City Council meeting and raised similar concerns there as well. Some said they held private meetings with city manager Monica Irelan and Police Chief Powalie last week.

“We were told that the city has no intention of rescinding Policy 413, and we were pointed to a resolution on immigration that the city passed in 2008 and which is still in effect,” said Kathy Deane, a Painesville resident of over three decades, in the same release. “We will discuss this with city council as well.”

https://www.clevescene.com/scene-and...cial-profiling

Updated on June 5, 2017 at 9:18 PM Posted on June 5, 2017 at 9:17 PM
BY GRANT SEGALL

PAINESVILLE, Ohio--Most members of a vocal audience at tonight's City Council meeting criticized Painesville's recent policy on immigrants as hostile and discriminatory.

"We should enact and enforce laws that promote civility and respect to all people," said local business owner Patricia Denman during a round of public comments that lasted about 90 minutes.

The policy, issued in March, calls for Painesville police to notify federal officials about immigrants, here legally or not, who are charged with certain offenses, such as domestic violence and other violent crimes, drug offenses and driving while impaired. Police will also call about any foreigner found to be affiliated with gangs or other criminal groups.

Several law enforcement officials have told The Plain Dealer recently that they knew of no federal requirement for local police to report immigrants.

Businessman Miguel Ecchevaria told council, "I apologize for my broken English....We want our police to be strong but not to be immigration officers." He warned that the policy might scare away workers crucial to Painesville's economy.

A few audience members praised the new policy. "I expect law enforcement to enforce our laws, whether it be for native-born Americans or people who immigrate here legally or people who are here illegally," said Julie Aldrich. "We are a nation of laws."

City Manager Monica Irelan defended the policy. "We will share information," she said. "The policy does not allow the Painesville police to hunt down undocumented citizens."

The American Civil Liberties Union of Ohio wrote to Painesville last month calling the policy illegal and unconstitutional.

"It sends a message to members of the Painesville community--immigrants, people of color, and people for whom English is not a first language--that the police, rather than working in the common interest of protecting the community, are biased against certain members," wrote ACLU of Ohio staff attorney Elizabeth Bonham and legal director Freda J. Levenson.

The policy says that lack of proficiency in English could be a factor in deciding whom to report. The ACLU and several of the meeting's speakers called that provision illegal racial profiling.

Councilman Jim Fedor said he supported most of the policy but questioned the policy's reference to English proficiency.

Councilman Michael DeLeone defended the policy. "This policy targets violent offenders. It targets drug offenders. It targets gang offenders."

Immigration is a touchy topic in Lake County. Many people from Mexico work at local farms and other businesses, living here seasonally or year-round. Painesville's population is estimated as 22% Hispanic or Latino.

Tensions over immigration have flared again since the inauguration of President Trump. Trump has banned travelers from certain Mideast countries, criticized ones from Mexico as criminals and promised a crackdown on immigrants.

Despite widespread rumors to the contrary, neither the city nor the county have ever been sanctuaries--that is, places whose officials defy immigration laws. In fact, Painesville adopted a resolution in 2008 promising to cooperate with those laws. City officials said the recent policy followed from that resolution. Audience members called for them to repeal both.

http://www.cleveland.com/metro/index...nesvilles.html

Policy 413 violates the constitutional right that we all have – regardless of our immigration status – to a fair trial.”

Non citizens are not entitled to the same rights as citizens.