HAWAII Freedom Cities 9 Model Policies
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The ACLU is launching an ambitious campaign called “Freedom Cities.” Immigration will be the first battle.
To achieve this, the ACLU has outlined nine “model” state and local law enforcement policies and rules which -- if adopted -- in “Freedom Cities” throughout the nation, will protect our families and our neighbors’ families from some of the worst abuses of the Trump administration.
Defending our friends, families, and neighbors from Trump’s mass deportation agenda:
ACLU’s 9 “model” state and local law enforcement policies and rules.
#1) The Judicial Warrant Rule: City and County of Honolulu officials shall require a judicial warrant prior to detaining an individual or in any manner prolonging the detention of an individual at the request of U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP).
#2) No Facilitation Rule: City and County of Honolulu 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 City, and County of Honolulu official shall permit ICE or CBP agents access to City and County of Honolulu facilities or any person in City and County of Honolulu custody for investigative interviews or other investigative purposes.
#4) Clear Identification Rule: To the extent ICE or CBP has been granted access to City and County of Honolulu 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 City and County of Honolulu facilities.
Protect our friends, families and neighbors’ privacy from the Trump administration:
#5) Don’t Ask Rule: City and County of Honolulu 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 status.
#6) Privacy Protection Rule: No City and County of Honolulu 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 City and County of Honolulu agency or official shall authorize or engage in the human or technological surveillance of a person or group based solely or primarily upon a person or group’s actual or perceived religion, ethnicity, race, or immigration status.
Help our friends, families, and neighbors get redress when abuses and mistakes occur:
#8) Redress Rule: Any person who alleges a violation of this policy may file a written complaint about investigation with [oversight entity TBD].
Help ensure our friends, families, and neighbors are protected from discrimination:
#9) Fair and Impartial Policing Rule: No City and County of Honolulu 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.
Final Note: The Trump Administration has asserted, falsely, that if localities do not help advance Trump’s mass deportation agenda, they are violating federal law. The following rule, which is the only applicable federal law in this area, would help ensure your city, county or town establishes its clear intent not to violate federal law. While not a necessary addition, this rule may be a useful complement to the above policies.
1373 Rule: Under 8 U.S.C. § 1373 and 8 U.S.C. § 1644, federal law prohibits City and County of Honolulu officials from imposing limits on maintaining, exchanging, sending, or receiving information regarding citizenship and immigration status with any Federal, State, or local government entity. Nothing in City and County of Honolulu policies is intended to violate 8 U.S.C. § 1373 and 8 U.S.C. § 1644.
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