In light of Trump's threats, the ACLU calls on RI municipalities to enact a model immigrant protection ordinance
"...we urge our local officials to protect all of Rhode Island’s residents from the Trump Administration’s xenophobic crusade..."
From an ACLU of Rhode Island press release:
In response to the Trump Administration’s various attacks aimed at immigrants during the President’s first week in office, the ACLU of Rhode Island today urged municipal officials to adopt a comprehensive ordinance designed to protect their immigrant communities from constitutionally dubious federal actions and pronouncements. While State officials have begun considering how to address the various policy edicts emanating from Washington, DC, the ACLU’s letter to municipalities emphasizes the important role that local officials can play in protecting residents from the questionable demands of federal immigration officials.
Many Rhode Island residents and public officials have expressed alarm at the series of measures being touted by the President, which target not only documented and undocumented residents but even United States citizens. Today’s model ordinance sent by the ACLU to Rhode Island’s mayors, police chiefs, and city councils pushes back against those measures. The proposal includes such provisions as requiring judicial warrants before honoring ICE detainers, assisting crime victims who may be eligible for special immigration status, rejecting participation in a program known as 287(g) that essentially deputizes local police to serve as immigration agents, and avoiding other forms of engagement in immigration enforcement that can adversely affect public safety and undermine good police-community relations.
In a letter accompanying the draft ordinance, the ACLU noted that “ordinances like this one promote public safety by maintaining and encouraging positive police-community relations. Residents serve as witnesses, report crime, and otherwise assist law enforcement. The foundation for this cooperation can often be destroyed when local police are viewed as an extension of the immigration system.” The ordinance, the letter added, “in no way bars your police officers from continuing to cooperate with ICE in enforcing immigration law when backed by judicial authority or otherwise properly mandated by federal law.”
Furthermore, the letter pointed out that many officials are unaware that they have no legal obligation to honor immigration civil detainer requests and may face legal liability for doing so. In 2017, for example, the ACLU of Rhode Island was successful in a suit it brought on behalf of a Providence resident and United States citizen who was subjected to a humiliating strip search and held overnight at the ACI as the result of an unlawful and erroneous federal immigration detainer.
In response to the Trump Administration’s threat to withhold funds from jurisdictions that fail to direct resources towards federal immigration priorities, the ACLU letter points out that the Administration is likely to encounter substantial constitutional hurdles if it attempts to follow through on that pledge, as shown by prior court decisions, including one from Rhode Island during the first Trump term.
“The ACLU of Rhode Island is prepared to take action to protect municipalities that adopt immigrant-supportive policies and practices,” said Steven Brown, Executive Director. “Just as the State has an important role to play in protecting Rhode Island’s immigrant community, we urge our local officials to protect all of Rhode Island’s residents from the Trump Administration’s xenophobic crusade by proactively enacting measures that keep cities and town officials from becoming immigration agents.”
2025 SUMMARY OF MODEL IMMIGRATION PROTECTION ORDINANCE
The model ordinance consists of eleven key substantive sections: an enforcement provision, a definitions section, and two procedural provisions. Each provision can stand independently.
Law Enforcement Agencies (LEAs) cannot stop or interrogate people based solely on their suspected immigration status, and they cannot inquire about the immigration status of crime victims or witnesses unless necessary to investigate criminal activity unrelated to enforcing immigration laws.
Absent a judicial warrant, LEAs shall not honor United States Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) detainer requests except in limited, specified circumstances.
Absent a judicial warrant, LEAs generally will not honor ICE or CBP requests for certain non-public, sensitive information about an individual.
Absent a judicial warrant, LEAs will not provide ICE or CBP with access to individuals in their custody for questioning solely for civil immigration enforcement purposes.
LEAs will protect the due process rights of persons to whom federal immigration enforcement requests have been made, including providing those persons with appropriate notice.
Local agency resources shall not be used to create a federal registry based on race, gender, sexual orientation, gender identity or expression, religion, ethnicity, or national origin.
Municipalities will limit the collection of immigration-related information and ensure non-discriminatory access to benefits and services.
LEAs will limit their participation in the surveillance of political or religious groups without specific criminal investigatory criteria.
LEAs will have procedures in place to help undocumented crime victims apply for nonimmigrant visas specifically designated for such victims.
Municipal school districts shall adopt formal policies on dealing with immigration agency requests for information about students’ immigration status and cooperate with such requests only to the extent required by federal law.
LEAs will collect and report data regarding detainers and notification requests from ICE or CBP to the public to monitor their compliance with applicable laws.
Legal remedies are available for violations of the restrictions in the ordinance.
The ordinance shall not be construed to restrict certain information-sharing activity as designated by federal law.
Definitions and a routine severability clause are included.
The full text of the model immigrant protection ordinance is available here.
The letter and model ordinance follows a similar campaign the ACLU of RI mounted in 2017 during President Trump’s first term. This past week, ACLU Affiliates in New England filed suit against the President’s executive order purporting to eliminate “birthright citizenship,” a right guaranteed by the Fourteenth Amendment to the Constitution, and other suits are sure to come.
The full text of the letter sent to RI municipal officials is available here.
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I'm not a morning person. Since Trump's been elected, I'm lucky to get 4 hrs. of sleep. Every day I wake up to find another "in your face" action by him. Trump isn't the brightest bulb on the tree. I would like to know who is pulling his strings.
He's tearing the Constitution to shreds. Right now, he's focused on the 14th Amendment. When he finishes destroying that, what will be next? The 14th Amendment isn't long but covers a host of protections. I've read it over and over. It protects birthright citizenship, 'illegals' (how I hate that term) and could even apply to our homeless. Included are the penalties for any violations of the Amendment.
Any illegal criminal should be deported. That is the only thing I can agree with. Maybe ICE can take a few of our own. Whether this works or not is another matter. There was a recent article about one criminal who has been deported several times. Somehow, he finds his way back only to commit another crime. Well, at least he's consistent!
Our local police exist to serve and protect the people within their boundaries. That means everyone. They aren't paid to seek out illegals, criminals or not. ICE is Federal but are they doing their jobs correctly? Is everyone being deported a criminal? This looks like a haphazard operation.
Illegal or not, Chicago is holding a workshop (I just saw on TV) teaching them their rights. They have the right to a phone call, to retain a lawyer, etc. This is part of the 14th Amendment.
Trump has put on hold those who are legitimately seeking asylum from countries where there is civil unrest. Haiti is governed by ruthless gangs. The U.S. allows them entry under certain conditions have packed and ready to leave and now they are stuck under heartless regimes with no place to go.
Trump has been let loose by the Supreme Court to do what he pleases, when he pleases. He's breaking laws that have existed under our Constitution for over 200 hundred years. He won't be held accountable because now he has 'immunity'. It's like letting a rabid dog loose.
We need term limits. That's not going to happen under Republican majority. Let's hope we don't crash and burn during his4 years.
I’ve been told by a solicitor that municipalities have no legal basis to do this. More info please.