New Legislation Aims To Foster Transparency, Accountability To Public In Face Of Local East End ICE Raids

EAST END, NY — After numerous ICE raids across the East End, new legislation has been proposed to help foster transparency, oversight and accountability – and keep the public safe.

According to Minerva Perez, executive director of OLA of Eastern Long Island, a Latino-focused advocacy group, the hope is that the "East End Public Safety and Accountability" resolution will be passed by all town and village boards on the East End.

Former New York State Assemblyman Fred Thiele crafted the local law, which acknowledges that the federal government has authority to enact and enforce federal immigration law — and that state and local governments are pre-empted from enacting state and local laws that "infringe on the federal powers regarding immigration. However, under our federal system, that power is not unlimited."

The resolution mentions ICE efforts nationwide: "Because of the lack of transparency and accountability, these operations have resulted in rampant fear, disruptions to public safety, violence, injury, and even death in parts of the country, undermining the local police power."

And, the resolution said, each East End town and village, has a "primary responsibility to ensure the safety and well-being of its residents" and "also possesses the authority to establish policies for the administration of its police department that promote these goals." Finally, the towns and villages have "the duty and responsibility to protect the constitutional rights of its residents, including but not limited to the right of free speech and to petition its government," the resolution states.

The resolution said that the local law would enact policies to foster transparency and accountability to the public for law enforcement activities conducted within each town and village.

"Specifically, this local law enacts policies intended to prevent the impersonation of law enforcement officers, and provide the public with information about law enforcement activities within its jurisdiction where appropriate without impacting the legitimate activities of the federal government with regard to its immigration enforcement powers," the resolutions said.

Also, the resolution said that towns and villages should:

- Designate officers specifically trained to investigate reported incidents of individuals impersonating law enforcement officers, including but not limited to ICE and FBI agents.

2. Develop and implement protocols for responding to and investigating such reports, including
- Procedures for gathering and preserving evidence.
- Methods for verifying the authenticity of purported federal credentials.

- Coordination with federal agencies to confirm the identity and authority of individuals claiming to be federal officers; and

- Techniques for interviewing victims and witnesses of impersonation incidents.

3. Conduct regular training for all police personnel on recognizing and responding to potential impersonation incidents.

4. Establish an expedited response protocol for reports of impersonation in progress.

5. Maintain detailed records of all reported impersonation incidents, including the nature of the incident, actions taken, and resolution.

6.. Report any confirmed incidents of impersonation to:
- The relevant federal law enforcement agency.
- The Federal Bureau of Investigation.
- The United States Attorney's Office.
- The New York State Attorney General's Office; and
- The public, through appropriate channels including posting on the Town’s/Village’s website, while protecting victim privacy and ongoing investigations.

The resolution also states that individuals found to be impersonating law enforcement personnel shall be subject to criminal prosecution under applicable state and local laws; and enhanced penalties as provided under state law when impersonation is committed in connection with other criminal offenses; with civil liability for damages caused to victims of impersonation.

In addition, town supervisors and mayors, as well as town and village attorneys, would be authorized to take all necessary and appropriate actions to enforce the provisions of the section, including but not limited to:
1. Seeking injunctive relief in a court of competent jurisdiction.
2. Coordinating with federal agency leadership to address patterns of non compliance.
3. Implementing administrative measures to ensure compliance with verification procedures; and
4. Developing additional enforcement mechanisms as necessary to fulfill the purposes of this local law

The resolution also proposes that when police departments respond to ICE activity, those incidents should be reported to town and village officials — and then shared with the public.

In addition, community task forces on immigration enforcement should be established, with members appointed by town and village boards, the law says.

The resolution also addresses license plate recognition technology, stating that town and village police departments are authorized to use the technology and manually run license plate inquiries for official public safety purposes.

According to the resolution, officers are directed to run the license plates of any group of persons or vehicles where an articulable threat to public safety exists, including but not limited to cases:

1. Where vehicles and/or persons driving these vehicles are used in a manner that endangers the general public.
2. Where vehicles and/or persons driving these vehicles are used in a manner that are likely to be a threat to public safety.
3. Where vehicles and/or persons driving these vehicles are used in a manner that cause injury and or loss of life.

"The town/village police department shall not use this technology solely based on race, religion, or the exercise of First Amendment rights, such as lawful assembly or political activity," the resolution said. "All collected data shall be stored in a secure, password-protected system. And shall be administered as required by state law. Within 30 days of the effective date of this local law, the town police department shall maintain records of all vehicle detentions to ensure transparency and accountability."

Each town and village board will be presented with the legislation and vote on whether or not to adopt the local law.

"OLA is interested in uplifting public safety and accountability for everyone living in, working in, and driving through our beautiful and peaceful East End," Perez said.