Immigration policy divides city council
Cleveland CLEVELANDHEIGHTS— Heights city council members and the administration are divided about punishment for police or city officials who violate a proposed law that forbids them from alerting federal immigration officials about suspected undocumented immigrants.
The proposed ordinance says the city workers would be charged with a misdemeanor if they volunteered the information to federal authorities. That drew the ire of Police Chief Annette Mecklenburg and City Manager Tanisha Briley who wanted “flexibility” when dealing with such situations and suggested it be a “city policy” instead of a law.
Most of the two dozen residents at a hearing last week supported the idea of local police and city workers protecting undocumented workers. Except for one resident who kept insisting that undocumented people “are illegal” and deserve no mercy. Another resident said the proposal was “ill-conceived and an insult” to the problem because of the way it was being rushed through with “minimal public input.”
City Councilman Kahil Seren, who proposed the legislation, said more work needed to be done, but he stood his ground on including punishment for city employee that violated the law.
Under the legislation, no city worker could ask a person’s immigration status. Further, if they learn a person is in the country without documentation, they would be forbidden from informing U.S. Immigration and Customs Enforcement (ICE). Seren said this is necessary to instill confidence in undocumented persons that they can report crimes and seek city services without fear of exposure.
When asked why the police object to the proposed law, Mecklenburg said that threatening to inform ICE of a person’s immigration status could be a useful tool in getting a suspect to talk. She also implied that it could be a way to “get someone off the streets.”
Seren said that was exactly the kind of scenario the law is intended to stop.
He said that allowing it to be a policy controlled by city management would make it toothless and subject to abuse under future leadership.
In support of that point, several residents said they approached Briley months ago with a similar proposal and were ignored.
“We came to you and asked about this kind of policy and you did nothing about it, just blew us off after one meeting,” said Sue Dean Dyke. “So I think we need council to pass a law, since if it is left up to you nothing would happen.”
The proposed ordinance, which passed its first of three readings before council earlier this month, says information could be supplied to immigration officials but only if they get a warrant. It also says that the city would not arrest anyone at ICE’s request, or detain anyone in its jail without a warrant.
Immigration lawyers maintain many undocumented persons come to the attention of ICE through routine police traffic stops. A common scenario is a police officer stopping a vehicle for traffic offense. In many cases, when the driver is unable to produce a driver’s license, or admits he does not have one because he is undocumented, the information is turned over to ICE and that person is often deported.
This has become even more common since President Donald Trump took office and urged ICE to increase the number of deportations of people in the country illegally, lawyers say.
“It’s not the place of our police to ask, ‘Let me see your papers,’ “said Lydia Perez, who has been a social worker in the Hispanic community for 38 years.
“I work in Lake County and I have seen the devastation brought on these people,” said Ann Hill. “Racial profiling is rampant in Lake County. People who have lived here for decades, paid taxes and raised a families of American children are just taken away in 48 hours after being stopped. It’s not right. Some came here out of desperation to escape violence, or at least extreme poverty. They deserve a chance.”
The Rev. Eileen Vizcaino addressed the council in Spanish, then abruptly switched to English.
“You see?” she said. “I could seem Hispanic to you, but actually my family is from Hungary. I work at the Church of the Covenant at Case Western Reserve University, and I talk to many bright, young students who are afraid to travel home (to a foreign country) because they fear they won’t be able to get back in. There are people out there who are afraid to leave their homes, afraid to go to the store.”
Seren said he would compile everyone’s comments on the proposed bill and schedule future sessionsl.