Cleveland Heights Cop's Immigration Involvement Limited Under Possible Legislation

CLEVELAND HEIGHTS, OH — On Monday, Cleveland Heights City Council will consider legislation that would limit local police's involvement in federal civil immigration cases. The ordinance, 106-2017, comes in the wake of Forest Hills Presbyterian Church declaring itself a sanctuary for individuals facing possible deportation by Immigration and Customs Enforcement (ICE).

The legislation is being brought forward by City Councilman Kahlil Seren. Seren said he does not believe the ordinance will limit the ability of the police department to fight crime.

“This ordinance preserves and promotes the intended focus of local law enforcement and other local public service. We do not rely on our city workers to perform the duties of the Federal Government, we expect them to efficiently perform those local services that are funded by our local tax dollars. The principles of Federalism, and the principles of fairness support this legislation," Seren said in an emailed statement.

The ordinance includes a list of amendments to local law enforcement's current immigration enforcement abilities. (To stay up to date on local stories, subscribe to the Patch Cleveland Heights newsletter. As news breaks and the story develops, you will be the first to receive updates from Patch.)

Some of the changes proposed in the ordinance include:

• A judicial warrant will be required before any individual can be detained at the request of ICE
• City officials will be barred from detaining or arresting an individual based solely on an immigration detainer or administrative document issued by ICE
• ICE agents shall be barred from city facilities and any person in city custody unless the agency presents a court order or legitimate law enforcement purpose
• ICE agents will be required to wear identification when operating in city facilities
• City officials will not be allowed to inquire into an individual's immigration status unless there is a legitimate law enforcement purpose for doing so, unrelated to civil immigration law
• City officials will be barred from voluntarily releasing personally identifiable information to ICE
• No city agency or official will be able to engage in surveillance of a person or group based solely "actual or perceived religion, ethnicity, race, or immigration status."
• City officials will also be barred from interrogating, arresting or otherwise detaining an individual based on their "actual or perceived religion, ethnicity, race, or immigration status."

The ordinance will have its first reading at the Monday City Council meeting, which begins at 7:30 p.m.

"This legislation does not limit the ability of our amazing Cleveland Heights Police to fight crime. When these issues are related to investigating crimes in our community or catching dangerous criminals, this ordinance does not restrict Cleveland Heights Police in any way. It allows our Police Department to maintain their focus on the crimes that directly impact the residents of Cleveland Heights," Seren said in a statement.

Seren said he is still seeking input from both the public and his peers on city council.

A spokesperson for the City of Cleveland Heights said city administrators will not comment on legislation that has not been voted on.

The introduction of Ordinance 106-2017 follows Forest Hills Presbyterian taking in Leonor Garcia, 42, and giving her sanctuary in the wake of her possible deportation. Garcia, an Akron resident, fled to the church after ICE told her it planned on sending her back to Mexico, separating her from four children, all of whom are U.S. citizens.

Garcia's attorney, Elizabeth Ford, told Patch that ICE agents went to Garcia's home in Akron to harass Garcia's children. A spokesperson for ICE denied that it was there to harass the children, saying they were merely performing a routine check on Garcia. However, the spokesperson did not respond when asked why ICE did not go to the church to speak to Garcia.

The full text of Ordinance 106-2017 can be read here.

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