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About Street roots. (Portland, OR) 1998-current | View Entire Issue (Feb. 3, 2017)
Street R o o ts * Feb. 3-9, 2017 News does is expand on our state law that prohibits state and local law enforcement from using personnel and resources to enforce federal immigration laws. The concept being floated in Eugene is to extend a local commitment of non-entanglement with ICE and immigration enforcement to not just law enforcement but to all city employees. That seems like a step in the right direction. There is hope that the governor will sign an executive order to make a similar extension of non entanglement to all state employees. We hope that happens. But we need to acknowledge that these laws have not yet been put to the test. Things are moving quickly. Lqcal and state government will need to be honest about the limitations and effectiveness of a range’ of efforts, and be willing to push our current thinking and practice. E.G.: What advice can the ACLU of Oregon offer to non-citizens and Muslims living in the Oregon at this time? Are there ways they can be protecting themselves? D. R.: First of all let me say, if you or someone you know has a family member who will be arriving soon from Iraq, Syria, Iran, Libya, Somalia, Sudan or Yemen at Portland International Airport, or who was detained already by Customs pursuant to President Trump’s Executive Order, please call the ACLU of Oregon at 971-412-2258 or email us at info@aclu-or.org. We have a Know Your Rights resource sp ec ific a lly to a d d r e s s d is c rim in a tio n a g a in s t W hat the AC LU o f Oregon is doing to defend im m igrants against Trum p’s executive orders BY EMILY GREEN STAFF W R ITE R M s President Donald Trump’s executive orders fly out of the White House at I Van exhausting rate, many are looking o the American Civil Liberties Union as the nost obvious line of defense. The organization has received inprecedented donations since the election, vith $24 million pouring in online over this jast weekend - and it’s already begun filing awsuits against the Trump administration. Street Roots wanted to know how the national ACLU was working with its state affiliates, if Oregon’s elected leaders could be doing more to protect immigrants, and what role our state affiliate was going to be playing in the coming months. Here are the questions we asked ACLU oi Oregon Executive Director David Rogers along with his written responses. Z\ Emily Green: Standing in solidarity with immigrants and refugees while condemning Trump’s policies is a nice gesture, but it seems largely symbolic. What actions could Oregon s stateofficials and elected leaders be taking that would provide some real concrete protection for non-citizens living in Oregon? David Rogers: This is an important question. We have been concerned about Page 7 and staff will engage. I know Sheriff Reese has launched an investigation. We appreciate that. We need law enforcement officials to engage in the hard work of ensuring their message is delivered to their staff. It will be the actions of law enforcement staff who are working in our communities on a daily basis that will make all the difference, for better or for worse. And let me be clear about the problem with ICE profiling people in the courthouse and making arrests of people with citizenship documentation. If people are afraid to go to the courthouse, we no longer have a functioning public safely system. If defendants who have not been convicted of a crime, witnesses, or victims no longer see the courthouse as safe, then they will stay away. This means victims may continue to be in danger, defendants could be doubly punished for not showing up at court, and people will be less likely to engage law enforcement when there is a problem. There is a trust in our system that needs to be in place for a society to work and for everyone to be safe. Trump is trying to destroy that and we can’t allow it to happen. E.G.: Could county officials legally stop ICE from entering the jails and courthouse completely if they wanted tot D. R.: We don’t think ICE can be barred from those locations. Courthouses are public buildings. But we certainly think more can be done. The King County Courthouse in Washington has a policy a g a in s t IC E m a k in g a r r e s ts in c o u r th o u s e , Muslims living in America and those perceived to be Muslim. This isn’t intended to be legal advice but it has very practical, helpful information. .You can find it online. It’s called Know Your Rights: What to do when faced with anti-Muslim discrimination. hipl^ings. We would lil<e tP„sgp Multnomah County build onlhatexam ple. It impossible that ICE staff could be required to sign in and make themselves visible rather than being undercover. We need a sense of urgency and initiative right now. E. G.: What can Multnomah County officials do to protect non-citizen immigrants who utilize their programs, including those who are currently under the supervision of the Department of Community Justice? E. G.: Is there any legal precedent for a state to refuse to follow the federal government’s ’ orders? whether the “sanctuary ordinances” being passed in cities and counties around Oregon will make a meaningful difference. We need D.R.: This is a big question and we are a range of responses to the hatefuLpolicy trying to outline a number of Strategies that attacks coming from the Trump county officials can take. We are working administration on immigrants and refugees. with groups like Oregon Justice Resource There is definitely room for purely symbolic Center, Metropolitan Public Defender and actions. We need to show visible signs of others, who are rolling up their sleeves to resistance and demonstrate that we have a figure this out. fundamentally different set of values in There will be a range of ideas and Oregon. We are part of the global proposals to highlight soon. But as an community and our diversity gives us example, law enforcement officials - like strength. We won’t thrive as a state without police chiefs and our district attorney - being inclusive and welcoming. should be-seriously looking at how they That said, we also don’t want to provide handle low-level offenses. They need to an unrealistic sense of protection to people identify what offenses can be handled with and families who are actually in harm’s way. simple citations rather than arrests and It is important for us to be clear about what criminal court. Putting people in contact actions are symbolic and which provide with the criminal justice system for low-level practical’ and tangible protections. offenses increases the likelihood those We are at an interesting moment in time people will be taken by ICE. in that it is too early to tell to what degree We also need to have our law sanctuary ordinances have a practical and enforcement officials provide more thorough useful impact Things are happening so communication with their staff about what quickly and we have yet to put them to the their expectations are around non te s t The recent reports about ICE activity engagement with ICE. There have been and arrests in our county courthouses may reports that a sheriff deputy reached out to present our first tangible opportunity to see ICE in January in a way that led to one ICE if county leaders are willing to step in with arrest If that happened, it conflicts with real interventions. Oregon law and directly contradicts the Advocates have been helping to craft an message that Sheriff (Mike) Reese has intriguing ordinance in the city of Eugene. expressed to the public about how his office The city has yet to vote on it, but what it D. R.: The history of the United States is full of examples of states refusing to follow federal government orders. In many ways, our country was set up so that states could flex their independence from federal authority. And these conflicts are often resolved in the courts.. E. G.: We’ve heard a lot in recent days about the legal work the National ACLU is focused on, in terms of challenging White House policies. How is the National ACLU coordinating with its state chapters at this time? And what role will the ACLU of Oregon be playing in the coming weeks and months? D.R.: There are high levels of communication between ACLU nationally and state ACLU affiliates. We are sharing strategies, information, legal templates and resources. There is an incredible amount of collective wisdom and we can replicate and further evolve needed responses. For example, we are building on legal work regarding Trump’s Muslim ban. We have been working in partnership with the Immigrant Rights Law Group to file a suit * here in Oregon against President Trump on behalf of Unite Oregon. United Oregon’s membership base is largely made up of See ROGERS, page 13
