Providence Council Votes to Expand ICE Prohibitions - Smiley Endorses, FOP Critical
GoLocalProv News Team
Providence Council Votes to Expand ICE Prohibitions - Smiley Endorses, FOP Critical
Many of the changes are aimed at the activities being pushed by the Trump administration and being conducted by Immigration and Customs Enforcement (ICE).
Last week, in a letter to the City Council, the Providence Police union - the Fraternal Order of Police (FOP) - criticized the ordinance.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST“The Providence FOP, Lodge #3 strongly objects to the ordinance amendments which have been proposed to the 'Community-Police Relations Act' dealing with Providence police officers' interactions with federal immigration law enforcement officers' actions within the City. The idea that our police officers should not and would not be able to respond to an emergency situation if federal law enforcement officials request or need our assistance for safety-related concerns is dangerous and absurd. This is a borderline violation of our oath as police officers and an obstruction of the duties we have been sworn to perform," wrote the FOP.
But while the FOP criticized, Mayor Brett Smiley strongly supported the Council’s actions.
“In the wake of the Trump Administration’s continued cruel actions, I am doing everything in my power to protect Providence’s immigrant community and I applaud the work to prioritize and update the Community Relations Act. I am thankful to have worked collaboratively with Council leadership on changes to their proposed amendments that align with my executive order and remove language that would have made the City and our taxpayers vulnerable to unnecessary lawsuits,” said Smiley.
“These changes will help to protect our City from dangerous financial liabilities, continue to protect our immigrant communities, and support our officers to continue their nationally recognized community policing practices,” Smiley added.
The amendments now require one more passage by the full council, with a vote scheduled for November 6. The council also passed a resolution relative to virtual court hearings.
“In Providence, we take pride in being a welcoming city where every neighbor deserves to feel safe,” said Councilor Miguel Sanchez (Ward 6), the prime sponsor of the amendments. “Across the country, we’ve seen federal immigration agents bring chaos and trauma into local communities. These amendments make clear that here in Providence, our police will not be part of that harm. Our immigrant neighbors are the backbone of this city, and they deserve safety, dignity, and accountability.”
But, the FOP says the ordinance is an overreach.
“Also, the concept that our police officers could face legal consequences (civil or otherwise) for performing their sworn duties is unlawful and disgraceful. Restricting police officers in a way that doesn't allow them to respond properly to potentially dangerous situations without fear of unfair repercussions puts the safety of all members of the public in jeopardy, as a situation could escalate to a point of lost control. Federal law enforcement officers are required to and will respond to threats and force with force of their own, when necessary, but if our police officers have a presence at a volatile scene, then the potential of violence can be deterred,” said the FOP letter signed by President Michael Imondi.
“One not need look any further than to what occurred this past weekend in Chicago, where Chicago police officers were ordered to refrain in a timely manner from attending to a violent and out-of-control scene where federal law enforcement officials were under attack, to see the results of this foolhardy concept,” added Imondi.
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Expanding types of prohibited contact between PPD and federal immigration authorities, including ICE
By broadening the legal definition of federal immigration enforcement agencies to include any federal entity tasked with carrying out such activities, the prohibition on cooperation by PPD will include agencies not normally tasked with immigration who have recently been deputized by the Trump administration in order to expand capacity and meet their stated goal of 3,000 arrests per day. The list of prohibited activities will be expanded to include identification verification and translation services, further limiting interactions between municipal and federal law enforcement that could be exploited to harm Providence residents.
The changes would prohibit the Police Department from exercising authority under 287(g) or 103(a)(10) of the Immigration and National Act, which allows municipal law enforcement agencies to be formally deputized and authorized to conduct federal immigration enforcement.
Clarifying prohibited collaboration with federal authorities without a signed judicial warrant
Under the proposed changes, Providence Police will continue to comply with all federally required and lawfully directed actions, as they always have – as long as those directives are accompanied by a valid, signed, criminal judicial warrant. The proposed CPRA changes prohibit police involvement based on civil immigration warrants, an intimidation tool used by federal immigration authorities that carries no legal requirement for compliance by local law enforcement. The amended ordinance clearly lists what exactly is prohibited, including but not limited to:
Providing information to ICE about arrestees that is not available to the public
Using any city money, personnel, or resources to assist in the investigation, interrogation, detention, detection, or arrest of anyone for immigration enforcement
Establishing traffic perimeters or otherwise controlling public areas to assist immigration enforcement
The amendments also allow for student IDs or any other valid photo IDs to be used as acceptable forms of identification.
Establishing protected spaces within the city
The changes expand the CPRA’s definition of “schools” to include charter schools, city-run preschool and early-learning programs, and daycare and after-school facilities. The ordinance then requires those schools, as well as the courts and non-public parts of the public department, to deny access to their premises if immigration enforcement requests entry without presenting a valid judicial warrant. Defining these protected spaces allows families, and especially youth, to have more confidence about their safety while at school or accessing city services. Providence Police, courthouses, prisons, and jails would also be required to designate a person who can independently verify judicial warrants that are presented by federal authorities.
Limiting collection and disclosure of sensitive personal data
To meet their presidentially directed quotas of resident arrests, federal immigration authorities have been demanding more frequent and more specific private personal data from municipal law enforcement. To limit the harm disclosing this data would cause to Providence communities, the proposed changes would prohibit Providence police from collecting demographic data, such as race or ethnicity, via city-operated surveillance technologies such as Flock cameras and services such as the Real Time Crime Center. They would then require that all current and future partner agencies accessing city-owned data agree via formal written agreement to all of the restrictions set forth in the ordinance, including not sharing any data with federal immigration enforcement absent a judicial warrant.
Allowing organizations to hold the city accountable by suing after alleged violations
The proposed changes establish organizational standing in the private right of action. This would allow certain types of non-government organizations, such as civil rights, human rights, and youth organizations, to file civil action against the city, the department, or an officer if they allege CPRA violations by Providence Police. By intentionally broadening the city’s accountability in cases of alleged violation, councilors are sending a clear message that every Providence resident deserves to have their rights protected – and that violations must be accompanied by consequences.