PORTLAND — The City Council on Monday approved an ordinance update that extends limitations on cooperating with federal immigration authorities to all public employees, but not without some last-minute wrangling over the final language.
The updated language, proposed in response to this winter’s immigration enforcement surge, further limits how public employees can interact with federal immigration authorities, and includes restrictions on allowing agents into municipal buildings, using public funds to assist with operations and more.
The language will take effect in 30 days.
The council conducted a first reading of the ordinance April 13 after negotiating amendments with the city’s legal team and the American Civil Liberties Union of Maine, which has brought the language to multiple cities.
The 7-1 vote followed some back and forth over the final language, which led Mayor Mark Dion to cast the lone vote in opposition.
Dion argued that language barring city employees from allowing federal agencies to access non-public portions of municipal buildings sends an “unfair” message to city staff. He attempted an amendment that would’ve protected staff from discipline for violating the section, if staff were found to have granted access due to intimidation by federal agents, but it failed.
Michael Kebede, policy director for the ACLU of Maine, argued the language could be read by immigration agents as “an invitation to harass and intimidate staff.”
Councilors agreed, stating the language would be “a loophole.”
“If we create a roadmap for ICE to access then they will follow that roadmap,” said Councilor Ben Grant, adding that city administration would still use discretion for any disciplinary action for staff.
Dion said while police and other officials may have the legal background to deal with federal agents in those types of situations, a lot of staff wouldn’t, and could then be held liable.
“I just want to tell them I trust them enough that they have a way out of that,” he said. “I want to maintain the trust and respect from the people who work for us.”
The ACLU of Maine has argued that the language now approved in Portland, Lewiston and Rockland eliminates local liability in potentially unconstitutional action.
In late January, ICE agents descended upon southern and central Maine during what the federal government dubbed “Operation Catch of the Day,” arresting some 200 people that authorities said were the “worst of the worst criminal illegal aliens.” Recent data from the Deportation Data Project said of those arrested, only 12 had criminal convictions.
Elected officials in Portland were united in opposition against the federal government’s approach to immigration enforcement, and at one point considered joining a Minnesota lawsuit against the U.S. Department of Homeland Security.
Portland’s existing ordinance stipulates that local police and employees shall not inquire into the immigration status of any person, but does not include specific language relating to police cooperation with immigration enforcement. The police department’s standard operating procedure also outlines that officers do not check immigration status.
Lisa Pariso, policy director at the Immigrant Legal Advocacy Project, said Monday that the ordinance will provide clear guidance to all city staff, allowing them to more easily make decisions that won’t inadvertently lead to the unlawful arrest of people in the community.
Pariso and others said it will also help alleviate the lingering fear in the community.
Councilor Wes Pelletier said there was appetite among councilors to pursue the ordinance changes in January during the surge, but that it was “stonewalled” by Dion.
Ali, who brought the proposal forward, said he’s long wanted to put stronger protections — many of which are already occurring — into city ordinance. He also said he believes staff training will help to avoid Dion’s concerns.