Petition for the Eagle County “'Community Trust' Project” Resolution
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If you are a registered voter residing in, and registered to vote in, Eagle County, Colorado, please,… Read and sign this petition and add your comments and your place of residence. If you are not a resident registered to vote in this county, please, do not sign the petition.
Eagle County’s public service and law enforcement agencies and departments are responsible to, and paid for by, the residents of Eagle County and its guests. They are here to serve and protect the residents of Eagle County and to put their safety and well-being first, before anything else.
Among those residents are people who are not here legally, under the Federal laws of our nation. Dealing with that situation is the job of Federal agencies that are instituted, administered and paid for by the Federal Government and our Federal taxes.
On January 25, 2017, the President of the United States of America issued an executive order titled, “Enhancing Public Safety in the Interior of the United States”. That executive order is an attempt by the Federal Government to turn our local law enforcement agencies into agencies with the power to enforce Federal immigration laws, while having local governments foot the bill for that enforcement. Enforcing Federal laws is NOT the job of our local law enforcement agencies and WE should not have to pay for them to do so!
A group of concerned local citizens, who call themselves the “'Community Trust' Project”, has drafted a resolution for Eagle County titled, the “Eagle County “'Community Trust' Project” Resolution”. The resolution seeks to define the guidelines necessary for our local departments and agencies to do the jobs that they are intended to do, while neither aiding nor impeding the efforts of Federal agencies, which are ALSO working on our behalf in our county.
Our local departments and agencies must be able to utilize their resources to directly benefit the people who are paying for them! They must not be asked to endanger the safety and well-being of the residents of Eagle County by trying to do a job that they were never intended to do, and should not be asked to do. Causing residents of our community to be afraid to contact local law enforcement or public service agencies for help, or to assist them, because those agencies are seen to be aiding in the enforcement of Federal immigration laws, does NOT make us safer OR better off!!!
Some members of our community are afraid to go to the Eagle County courthouse due to the presence of Federal agents on the premises. This issue is deeply, and negatively, affecting the ability of our local justice and law enforcement systems to function in a manner that benefits our community and WE are paying for it!
Our community service organizations are here to put OUR safety and well-being first.
Eagle County government, local governments of its included municipalities and the law enforcement and public service agencies and departments of those various jurisdictions!,... Please accept this resolution that will help to enable you to continue to do that!
The following is the full text of the resolution and its introduction:
Eagle County “'Community Trust' Project” Statement and Resolution
Statement and Preamble
As citizens of Eagle County, Colorado, USA, we depend on our community leadership to care for and support our personal safety and well-being through local law enforcement and through our public service departments; to encourage mutually respectful attitudes and actions towards one another; and to ensure that our local tax dollars are spent in ways that directly benefit the citizens of this county.
On January 25, 2017, the President of the United States of America issued an executive order titled, “Enhancing Public Safety in the Interior of the United States” (please see Exhibit A). The executive order calls on state and local governments to participate in enforcement of Federal immigration laws through cooperation with Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP).
These efforts include threatening the removal of Federal funding to local jurisdictions that refuse to cooperate with ICE and CBP requests: (Sec.9 (a)) “In furtherance of this policy, the Attorney General and the Secretary, in their discretion and to the extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants”. The Attorney General has since further specified that this applies only to grants from the Department of Justice and the Department of Homeland Security (please see Exhibit B). (There is nothing in this resolution that does not comply with the conditional requirements of 8 U.S.C. 1373 (please see Exhibit C).)
Numerous local jurisdictions and states have raised concerns about the January 2017 Executive Order, for reasons that include, but are by no means limited to, the following:
1. Participating in enforcement of Federal immigration laws hurts public safety by eroding trust in local governments.
2. Cooperation between local law enforcement agencies and ICE and CBP may violate the Fourth Amendment to the United States Constitution protecting persons against unreasonable searches and seizures.
3. Efforts by the Federal executive branch to force state and local governments to enforce Federal immigration laws, by withholding Federal funding, violate Article 10 of the United States Constitution.
Through the years, the presence of immigrants in our country, who are here illegally under Federal immigration laws, has become an increasingly critical, and greatly discussed, issue among the citizens of this nation. Dealing with their presence is one of the most difficult of the many challenging issues that law enforcement agencies must deal with on a daily basis. However, regardless of how anyone feels personally about the presence of illegal immigrants in our community, the fact remains that they are here, and they are interwoven with the fabric of our society in ways that both benefit and detract from its functioning, and defy simple, straight-forward solutions to the problems created by their presence.
In response to the January 2017 Executive Order, the Eagle County Sheriff’s Department adopted a policy regarding the presence of illegal immigrants currently residing in Eagle County, which states:
"The partnerships built with our community are invaluable. Your local law enforcement leaders support procedures which encourage our residents to seek assistance, call for medical help, report suspicious circumstances, report criminal activities and otherwise provide a seamless avenue in order to provide information which is in the best interest of our community.
We wish to reinforce the message that everyone residing within these municipalities, as well as those residing in Eagle County Sheriff service areas are part of our community and will have access to government services, including law enforcement assistance and justice, regardless of immigration status.
In summary, Eagle County patrol deputies and police officers from the Town of Vail, Town of Avon and Town of Eagle will not stop members of our community to inquire about their legal status in the U.S., as this is not the role of these first responders. This mirrors procedures from several other local police departments in surrounding communities. Effectively, the role of your local police and local sheriff is public safety through collaborative partnerships and problem solving, without fear of reprisal for reporting emergencies or requesting assistance from law enforcement officials based merely on immigration status."
This is a very positive and insightful outlook and attitude toward a difficult situation that speaks highly of our Sheriff’s Department and of our County, as a whole. However, while such a policy statement is a step in the right direction, it alone does not necessarily satisfy the need for more specific guidelines in support of the County’s departments’ and agencies’ goal of ensuring community safety and well-being. This resolution is intended to fulfill that need.
The public safety concern for maintaining trust between Eagle County government and the County’s immigrant community is that justice cannot be served when a victim of domestic violence or a witness to a crime does not call law enforcement because he or she fears that doing so will attract the attention of officials who wish to deport him or her, or his or her family members. Likewise, public health and well-being are not served when immigrants are afraid to work with other county departments due to the same fear.
The goals of the policies stated here are also important from the standpoint of fiscal responsibility to the tax-paying residents of Eagle County. Eagle County agencies and departments are already challenged to accomplish the tasks that they are charged with in both the areas of budget and of personnel. Adding to their burden, by having them take on the enforcement of Federal laws that are outside of their jurisdiction, is not something that is to the benefit of either the governmental agencies and departments of Eagle County or Eagle County’s tax paying residents.
So, to not add further to the burdens of our county’s citizens, our local law enforcement agencies or our local governmental public service departments, and in order to clarify and further specify the procedures that our county agencies and departments intend to follow regarding their relationships with persons who are in violation of Federal immigration laws, yet are residing in Eagle County, the following resolution has been created:
Eagle County “'Community Trust' Project” Resolution
WHEREAS, the various policies and mission statements of the local law enforcement and other agencies and departments of the government of Eagle County, Colorado generally state that they are held to be directly responsible to the residents of this county, permanent or temporary, for the protection of their safety and well-being and for the enforcement and support of the laws, the ordinances, and the public health and welfare of those residents; and
WHEREAS, the aforementioned agencies and departments, while still maintaining their responsibility for protecting the safety and well-being of their residents, permanent or temporary, are not generally held to be responsible for the enforcement of any Federal laws of this nation;
LET IT BE RESOLVED THAT, regarding the involvement and interaction of Eagle County’s agencies and departments with individuals residing within Eagle County, who may be doing so illegally under Federal law, those agencies and departments shall adopt and abide by the following guidelines:
1. Eagle County Law Enforcement Agencies (LEAs) and Departments and their personnel shall not perform the functions of a Federal immigration agency or officer, or otherwise engage in the enforcement of Federal immigration law, whether under Section 1357(g) of Title 8 of the United States Code or under any other law, regulation, executive order or policy propagated by the Federal Government.
2. The Eagle County Sheriff’s Office, or any other Eagle County LEA, shall not delay an individual’s bail, or delay an individual’s release from custody upon the posting of bail, solely because of (1) that individual’s immigration or citizenship status, (2) a civil immigration warrant for that individual, or (3) an Immigration and Customs Enforcement (“ICE”) or Customs and Border Protection (“CBP”) request for such a delay for any purposes of immigration enforcement, including notification about, transfer of, detention of, or interview or interrogation of that individual.
3. No Eagle County LEA or Department shall provide to ICE or CBP non-public information about an individual - including but not limited to non-public information about an individual’s release date from detention, a scheduled appearance at a local governmental department’s or agency’s location, home address, or work address unless the request is accompanied by a judicial warrant.
a. Nothing in this resolution prohibits any county department or agency from:
i. Sending to or receiving from any Local, State or Federal agency as per 8 U.S.C.
Section1373: information regarding an individual’s country of citizenship or a
statement of the individual’s immigration status; or
ii. Disclosing information about an individual’s criminal arrests or convictions, where disclosure of such information about the individual is otherwise permitted or required by state law, pursuant to subpoena or court order.
4. Eagle County LEAs and Departments and their personnel may not use agency or department monies, facilities, property, equipment, or personnel to investigate, enforce, or assist in the implementation of any Federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, ethnicity, or national origin.
5. In the case of any request by a Federal enforcement agency regarding an individual who is in their custody, the Eagle County Sheriff’s Department and other LEAs should protect the due process rights of that individual, including providing the person with appropriate notice that such a request has been made.
6. Eagle County LEAs and Departments shall limit the information collected from individuals concerning immigration or citizenship status to that necessary to perform department duties and shall prohibit the use or disclosure of such information in any manner that violates Federal, State, or Local law.
7. Eagle County LEAs shall not stop, question, interrogate, investigate, or arrest an individual based solely on any of the following:
a. Actual or suspected immigration or citizenship status; or
b. A “civil immigration warrant,” administrative warrant, or an immigration detainer in the individual’s name, including those identified in the National Crime Information Center (NCIC) database.
8. Eagle County LEAs and Departments shall not inquire about the immigration status of an individual, including a crime victim, a witness, or a person who calls or approaches an Eagle County employee seeking assistance or services, unless necessary to investigate criminal activity by that individual.
9. Individuals in the custody of any Eagle County LEA shall be subject to the same booking, processing, release, and transfer procedures, policies and practices of those LEAs regardless of actual or suspected citizenship or immigration status and, until the time required for that custody has expired, they shall not be released into the custody of a Federal agency solely for the purpose of the enforcement of Federal immigration laws.
10. Eagle County LEAs and Departments shall not inquire about or request proof of immigration status or citizenship when providing services or benefits, except where the receipt of such services or benefits are contingent upon one’s immigration or citizenship status or where inquiries are otherwise lawfully required by Federal, State, or Local laws.
This concludes the text of the Resolution
Below, for reference, is the Executive Order that the resolution is in response to, as well as the Memorandum from the Attorney General and the text of 8 U.S.C 1373:
The White House
Office of the Press Secretary
For Immediate Release
January 25, 2017
Executive Order: Enhancing Public Safety in the Interior of the United States
- - - - - - -
ENHANCING PUBLIC SAFETY IN THE INTERIOR OF THE
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA) (8 U.S.C. 1101 et seq.), and in order to ensure the public safety of the American people in communities across the United States as well as to ensure that our Nation's immigration laws are faithfully executed, I hereby declare the policy of the executive branch to be, and order, as follows:...etc.
(The portion of this executive order that is pertinent to the successful implementation of the "Community Trust" resolution is the following section.)
Sec. 9. Sanctuary Jurisdictions. It is the policy of the executive branch to ensure, to the fullest extent of the law, that a State, or a political subdivision of a State, shall comply with 8 U.S.C. 1373.
(a) In furtherance of this policy, the Attorney General and the Secretary, in their discretion and to the extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary. The Secretary has the authority to designate, in his discretion and to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction. The Attorney General shall take appropriate enforcement action against any entity that violates 8 U.S.C. 1373, or which has in effect a statute, policy, or practice that prevents or hinders the enforcement of Federal law.
(To view the complete text of the executive order, please left click the following link:
Office of the Attorney General
Washington, D.C. 20530
May 22, 2017
MEMORANDUM FOR ALL DEPARTMENT GRANT-MAKING COMPONENTS
FROM: THE ATTORNEY GENERAL
Implementation of Executive Order 13768,
"Enhancing Public Safety in the Interior of the United States"
Federal law provides a process for foreign citizens to lawfully enter the country. Circumventing that process and crossing our borders unlawfully is a federal crime. It is the role of federal agencies, including the Department of Justice, to enforce our immigration laws, prosecute violations, and secure our borders.
The President has established immigration enforcement as a priority for this Administration and, in furtherance of that priority, issued Executive Order 13768, "Enhancing Public Safety in the Interior of the United States," on January 25, 2017. The Executive Order makes clear that "[i]t is the policy of the executive branch to ensure, to the fullest extent of the law, that a State, or a political subdivision of a State, shall comply with 8 U.S.C. 1373." To accomplish this policy, section 9(a) of the Executive Order provides, in part:
[T]he Attorney General and the Secretary [of Homeland Security], in their discretion and to the extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary. The Secretary has the authority to designate, in his discretion and to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction.
Section 1373 provides in part that state and local jurisdictions “may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, [federal immigration officers] information regarding the citizenship or immigration status, lawful or unlawful, of any individual." 8 U.S.C. § 1373(a).
In accordance with my duties as Attorney General, I have determined that section 9(a) of the Executive Order, which is directed to the Attorney General and the Secretary of Homeland Security, will be applied solely to federal grants administered by the Department of Justice or the Department of Homeland Security, and not to other sources of federal funding. Section 9(a) expressly requires enforcement "to the extent consistent with law," and therefore does not call for the imposition of grant conditions that would violate any applicable constitutional or statutory limitation. Nor does the Executive Order purport to expand the existing statutory or constitutional authority of the Attorney General and the Secretary of Homeland Security in any respect. Indeed, apart from the Executive Order, the Department of Justice and the Department of Homeland Security, in certain circumstances, may lawfully exercise discretion over grants that they administer. Section 9(a) directs the Attorney General and the Secretary of Homeland Security to exercise, as appropriate, their lawful discretion to ensure that jurisdictions that willfully refuse to comply with section 1373 are not eligible to receive Department of Justice or Department of Homeland Security grants.
Consistent with the Executive Order, statutory authority, and past practice, the Department of Justice will require jurisdictions applying for certain Department grants to certify their compliance with federal law, including 8 U.S.C. § 1373, as a condition for receiving an award. Any jurisdiction that fails to certify compliance with section 1373 will be ineligible to receive such awards. This certification requirement will apply to any existing grant administered by the Office of Justice Programs and the Office of Community Oriented Policing Services that expressly contains this certification condition and to future grants for which the Department is statutorily authorized to impose such a condition. All grantees will receive notice of their obligation to comply with section 1373. The Department will administer this certification requirement in accordance with the law and will comply with any binding court order.
After consultation with the Secretary of Homeland Security, I have determined that, for purposes of enforcing the Executive Order, the term "sanctuary jurisdiction" will refer only to jurisdictions that "willfully refuse to comply with 8 U.S.C. 1373." A jurisdiction that does not willfully refuse to comply with section 1373 is not a "sanctuary jurisdiction" as that term is used in section 9(a). While the Executive Order's definition of "sanctuary jurisdiction" is narrow, nothing in the Executive Order limits the Department's ability to point out ways that state and local jurisdictions are undermining our lawful system of immigration or to take enforcement action where state or local practices violate federal laws, regulations, or grant conditions.
The provisions of the Executive Order quoted above address only 8 U.S.C. § 1373. Separate and apart from the Executive Order, statutes may authorize the Department to tailor grants or to impose additional conditions on grantees to advance the Department's law enforcement priorities. Consistent with this authority, over the years, the Department has tailored grants to focus on, among other things, homeland security, violent crime (including drug and gang activity), and domestic violence. Going forward, the Department, where authorized, may seek to tailor grants to promote a lawful system of immigration.
8 U.S.C. 1373
§ 1373. Communication between government agencies and the Immigration and Naturalization Service
(a) In general
Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.
(b) Additional authority of government entities
Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
(1) Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service.
(2) Maintaining such information.
(3) Exchanging such information with any other Federal, State, or local government entity.
(c) Obligation to respond to inquiries
The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.
(Pub. L. 104–208, div. C, title VI, § 642, Sept. 30,
1996, 110 Stat. 3009–707.)
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