{"id":81304,"date":"2017-05-30T15:34:59","date_gmt":"2017-05-30T19:34:59","guid":{"rendered":"http:\/\/madisoncountycourier.com\/?p=81304"},"modified":"2017-05-29T20:58:48","modified_gmt":"2017-05-30T00:58:48","slug":"schneiderman-releases-new-joint-report-with-attorneys-general-from-across-u-s","status":"publish","type":"post","link":"https:\/\/madisoncountycourier.com\/?p=81304","title":{"rendered":"Schneiderman releases new joint report with attorneys general from across U.S."},"content":{"rendered":"

\"\"<\/a>AGs from California, Oregon, Rhode Island, <\/em>Washing and D.C. pen ‘Setting the record straight on local involvement in federal civil immigration enforcement’<\/em><\/p>\n

Report Debunks Trump Administration Claims Against So-Called \u201cSanctuary\u201d Jurisdictions<\/em><\/span><\/p>\n

Report Brings Together Data, Legal Analysis, And Experience From Law Enforcement Across The U.S. To Set The <\/em>Record Straight<\/em><\/span><\/p>\n

In Response To Funding Threats And Inaccurate Statements By Trump Administration, AGs\u2019 Report Details How Localities Are Acting Lawfully Through \u201cSanctuary\u201d Policies \u2013 And How Those Policies Often Enhance Public Safety<\/em><\/span><\/p>\n

Read The Full Report – \u201cSetting the Record Straight on Local Involvement in Federal Civil Immigration Enforcement: The Facts and The Laws\u201d<\/u><\/em><\/span><\/a><\/p>\n

New York Attorney General Eric T. Schneiderman recently released a new joint report debunking the Trump Administration\u2019s bogus legal and public safety claims against cities and towns that choose to limit their participation in the most aggressive forms of federal immigration enforcement. As the joint report details, such localities are lawfully permitted to decline most forms of participation. Further, as crime statistics and testimonials from law enforcement officials across the country illustrate, by adopting such policies, such jurisdictions can often enhance public safety in their communities. Both conclusions stand in stark contrast to the repeated and unsubstantiated claims made by the Trump Administration against these localities.\u00a0<\/p>\n

\u00a0\u201cSetting the Record Straight on Local Involvement in Federal Civil Immigration Enforcement: The Facts and The Laws\u201d<\/a>\u00a0\u00a0\u2013\u00a0authored by New York Attorney General Eric Schneiderman, in consultation with the Attorneys General of California, Oregon, Rhode Island, Washington, and the District of Columbia \u2013 responds to the Trump administration\u2019s threats of funding cuts, as well as its inaccurate statements regarding the involvement of state and local law enforcement agencies (\u201cLEAs\u201d) in federal civil immigration enforcement.<\/p>\n

\u201cToday\u2019s report is an unprecedented statement by top law enforcement officials across the country debunking the Trump administration\u2019s false and misleading statements about these cities,\u201d saidNew York Attorney General Eric T. Schneiderman. \u201cLocal police departments should not and cannot be forced to shatter the trust and credibility they\u2019ve built with their communities just to advance President Trump\u2019s radical deportation agenda. As today\u2019s report illustrates, vulnerable communities have already become more reluctant to report crimes simply because of the Trump administration\u2019s incessant and dangerous saber rattling. We cannot and must not allow that to stand. Many communities in New York have lawfully elected to limit their participation in federal immigration enforcement and I stand ready to defend their legal rights if President Trump follows through on his threats of retaliation.\u201d<\/p>\n

The report brings together extensive crime data, legal analysis, and testimony from law enforcement officials from around the country to address key issues, such as:<\/p>\n

    \n
  1. Why LEAs that elect to limit their involvement in civil immigration enforcement are acting lawfully and \u2013 in fact \u2013 potentially shielding their jurisdictions from legal liability.<\/li>\n
  2. How lawfully limiting LEA involvement in federal civil immigration functions often enhances public safety.<\/li>\n
  3. Why the ICE detainer reports issued to date were both flawed and inaccurate.<\/li>\n<\/ol>\n

    LEAs that Elect to Limit Their Involvement in Civil Immigration Enforcement Are Acting Lawfully \u2013 and Potentially Protecting Themselves from Legal Liability<\/p>\n

    As detailed in today\u2019s report, LEAs that detain an individual pursuant only to an ICE detainer request (rather than a judicial warrant) risk violating the Fourth Amendment\u2019s prohibition on unreasonable searches and seizures, as well as similar provisions in state constitutions \u2013 exposing those local governments to significant financial liability.\u00a0 As a result, the Trump Administration’s threats against sanctuary jurisdictions force these state and local LEAs into an impossible position: continue their sanctuary policies and risk the loss of federal funds, or comply with all ICE detainer requests and risk costly judgments in civil suits. Recently published comments from local LEAs on this point include:<\/p>\n

    Pinellas County (FL) Sheriff Bob Gaultieri, who said: \u201cWe\u2019re not cooperating the way they want because the courts have told us that we cannot do what they are asking us to do. We have no jurisdiction.\u201d<\/p>\n

    King County (WA) Sheriff John Urquhart, who said: \u201cThey\u2019re [the federal government] trying to shame local jurisdictions for not doing what is illegal.\u201d<\/p>\n

    Appropriately Limiting Voluntary LEA Involvement in Federal Civil Immigration Enforcement Can Often Promote Public Safety<\/p>\n

    The report also details how state and local governments and law enforcement that are closest to the communities they serve are best suited to assess the needs of those communities \u2013 including how best to use their limited resources to ensure public safety.\u00a0As the report details, a recent study showed that counties that limited LEA participation in civil immigration enforcement had lower crime rates and stronger economies than comparable counties.<\/p>\n

    The Law Enforcement Immigration Task Force, which brings together 60 sheriffs, police commissioners, and police chiefs from around the country, explained:<\/p>\n

    \u201cImmigration enforcement on the state and local level diverts limited resources from public safety and undermines trust within immigrant communities.\u00a0State and local law enforcement agencies face tight budgets and often do not have the capacity or resources to duplicate the federal government\u2019s work in enforcing federal immigration laws. Rather than apprehending and removing immigrants who have no criminal background or affiliation and are merely seeking to work or reunite with family, it is more important for state and local law enforcement to focus limited resources and funding on true threats to public safety and security.\u201d<\/p>\n

    As numerous law enforcement experts have noted, public safety depends upon building and preserving trust between law enforcement and the communities they serve. That\u2019s why many experienced sheriffs and police officers have repeatedly highlighted the fact that LEA involvement with federal immigration enforcement drives immigrants behind closed doors \u2013 decreasing the likelihood that crimes will be reported, trials will go forward, and criminals will be prosecuted.<\/p>\n

    Santa Clara County (CA) Sheriff Laurie Smith cited in recently published remarks a specific example in which undocumented farmworkers came forward to provide information during a high-profile 2012 murder of a teenage girl: \u201cHad they feared that my office would question their immigration status, or the status of their loved ones, it is very unlikely they would have come forward.\u201d<\/p>\n

    In recent months, LEAs have reported a drop in victims and witnesses\u2019 willingness to come forward. For example, Denver (CO) and El Paso County (TX) have reported that since President Trump\u2019s immigration executive order was issued, a number of domestic violence victims have declined to pursue charges against their abusers out of fear of deportation.<\/p>\n

    The report also highlights a number of cases in which the cooperation of undocumented victims and witnesses were crucial to arrests and successful prosecutions.<\/p>\n

    Finally, the report highlights the ways in which so-called \u201csanctuary\u201d jurisdictions still take appropriate measures to ensure dangerous criminals are not returned to the community, through a variety of partnerships that exist between LEAs and the federal government.<\/p>\n

    The Federal Government\u2019s Declined Detainer Outcome Reports and Accompanying Statements Were Inaccurate, Incomplete, and Misleading<\/p>\n

    In March 2017, ICE began issuing \u201cDeclined Detainer Outcome Reports\u201d as part of the federal government\u2019s efforts to pressure localities into complying with ICE detainer requests. ICE published three reports before they were temporarily suspended due to numerous inaccuracies reported by law enforcement across the United States.<\/p>\n

    Today\u2019s report details the significant inaccuracies and incomplete and misleading information included in these ICE detainer reports \u2013 including multiple errors in the data itself.<\/p>\n

    Specifically, today\u2019s report points out that fewer than 15 percent of detainers targeted immigrants who were convicted of serious crimes, undermining the federal administration\u2019s argument that LEAs endanger public safety when they refuse to spend scare resources to detain each individual named in an ICE detainer request.<\/p>\n

    \u201cThe evidence is overwhelming \u2013 welcoming immigrants and encouraging cooperation with local law enforcement makes us safer,\u201d said New York City Mayor Bill de Blasio. \u201cThis report exposes the Trump administration\u2019s policies for what they really are, a brazen attempt to vilify immigrants. I want to thank AG Schneiderman and all the other Attorneys General from across the country for putting this report together.\u201d<\/p>\n

    Rochester Mayor Lovely Warren said, \u201cThe City of Rochester is proud to be a Sanctuary City, a policy based on the notion that no individual should have to be afraid to contact the police or other City agencies out of fear of adverse immigration consequences.\u00a0 We will focus our City resources on continuing Rochester\u2019s legacy of equality and serving as a beacon of hope for those who believe in the American Dream. Our policy is to always fully comply with the requirements of Federal law while staying true to our commitment to this legacy.\u201d<\/p>\n

    Ithaca Mayor Svante Myrick said, \u201cWe’ve made enormous investments to build trust between our police department and the community. \u00a0The federal government’s overreaching attempt to bully our local police into enforcing federal functions will undermine that trust – and make us all less safe. \u00a0I’m grateful to Attorney General Schneiderman and his office for their work to protect us from their bullying and keep the City of Ithaca a safe and comfortable community.\u201d<\/p>\n

    \u201cAttorney General Schneiderman\u2019s report demonstrates what we\u2019ve known for a long time – local law enforcement agencies should not be forced to participate in civil immigration enforcement,\u201d said Albany Mayor Kathy Sheehan. \u201cThe City of Albany is committed to protecting all individuals, and our residents and visitors should not be afraid to contact the police if they are the victim or witness of a crime because they are concerned the police will inquire about their immigration status. I applaud the Attorney General for his continued leadership on this issue.\u201d<\/p>\n

    \u201cWe are grateful for the incredible guidance the Attorney General has provided us as we work to find clarity and understanding on this complex issue,\u201d said Kingston Mayor Steve Noble. \u201cEspecially in matters of policy and community safety, we must be explicitly clear on roles, responsibilities and expectations, both to our collaborating agencies and to the general public. I appreciate the Attorney General’s steadfast leadership as it continues to give my administration the support we need to protect our city, residents and local law enforcement.\u201d<\/p>\n

    \u201cSyracuse is proud of its history as a community where all are welcomed and we take pride in being a Sanctuary City during these difficult times,\u201d said Syracuse Mayor Stephanie A. Miner.\u201cCities across the country appreciate the guidance and support offered by so many in recent months and we will use this as we continue serving the needs of our residents.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"

    AGs from California, Oregon, Rhode Island, Washing and D.C. pen ‘Setting the record straight on local involvement in federal civil immigration enforcement’ Report Debunks Trump Administration Claims Against So-Called \u201cSanctuary\u201d Jurisdictions Report Brings Together Data, Legal Analysis, And Experience From Law Enforcement Across The U.S. To Set The Record Straight In Response To Funding Threats […]<\/p>\n","protected":false},"author":2,"featured_media":70131,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_hide_featured_image":false,"_jetpack_featured_image_duplicate_dismissed":0,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[23810,8],"tags":[],"class_list":["post-81304","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-wellbeing","category-top-story"],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack-related-posts":[],"jetpack_shortlink":"https:\/\/wp.me\/p43meu-l9m","jetpack_featured_media_url":"https:\/\/i0.wp.com\/madisoncountycourier.com\/wp-content\/uploads\/2016\/06\/Attorny_General_Eric_T_Schneiderman.jpg?fit=260%2C221&ssl=1","_links":{"self":[{"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=\/wp\/v2\/posts\/81304","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=81304"}],"version-history":[{"count":0,"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=\/wp\/v2\/posts\/81304\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=\/wp\/v2\/media\/70131"}],"wp:attachment":[{"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=81304"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=81304"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=81304"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}