Erie could limit immigration enforcement to keep welcoming city status

The city of Erie in 2020 was named a welcoming city by the national organization Welcoming America for its efforts to embrace immigrants and refugees.

In order to keep that designation, Erie City Council could soon pass legislation that prohibits the city from supporting federal immigration enforcement actions, except in specific cases.

City Council on March 4 could take a final vote on an ordinance “which outlines the city’s goals to obtain and/or maintain the status as a “Welcoming City” under the Welcoming America guidelines.”

The ordinance was approved by council in a preliminary, first-reading vote on Feb. 18.

Welcoming America, based in Decatur, Georgia, encourages cities to become more inclusive regarding all residents, including immigrants and refugees.

However, Welcoming America generally advocates against policies that target immigrants, such as the mass deportations and increased immigration enforcement/presence in American cities seen recently under President Donald Trump’s administration.

Erie Mayor Daria Devlin told City Council members on Jan. 21 that the city needs a defined strategy regarding immigration enforcement “in order to continue our welcoming city status.”

In a recent interview with the Erie Times-News, Devlin said that both she and Erie Police Chief Rick Lorah have reviewed the welcoming city ordinance “and we’re comfortable with” the language.

“This ordinance definitely emphasizes our commitment to making sure Erie is a welcoming place for all residents, including new Americans,” Devlin said.

“It also clarifies the issue around police involvement… It says very specifically that we do not enforce federal immigration laws. That is not our job.”

Here is more about the ordinance City Council will consider on March 4 at its regular meeting in the Bagnoni Council Chambers at City Hall, 626 State St.

The meeting begins at 9 a.m. and can be viewed on Facebook and YouTube.

Ordinance details

The ordinance states the city will strive for no less than a three-star rating with Welcoming America; currently Erie has a one-star welcoming city rating with the organization.

According to information available on Welcoming America’s website, cities with a three-star rating must have policies in place that clarify “the jurisdiction and separation between local law enforcement and federal immigration enforcement agencies.”

The city’s ordinance states, among other things, that city officials will not “inquire into an individuals citizenship or immigration status” unless required to do so by state law/federal court order.

It also states that city officials will not use “city resources” — which includes city-owned facilities and equipment as well as on-duty employee time — “to provide any information to immigration enforcement officials” unless that action is expressly authorized by the ordinance.

The ordinance also states that “the city shall not engage in, assist, or support immigration enforcement” except under the following circumstances:

• An articulated/direct threat to life or public safety;
• Cooperation is required to execute a judicial warrant/court order or to comply with existing federal and/or state law;
• When Erie police are assigned as task force officers on specific Department of Homeland Security investigations.

City Council President Tyler Titus on Feb. 18 told fellow council members: “If we don’t have this ordinance on the books, we will lose the welcoming city status.”

That would hurt Erie’s population and the city could lose federal dollars that are allocated based on population, Titus said.

‘Clarifying the language’

Under the Tenth Amendment of the U.S. Constitution, the federal government “…may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program,” as cited by the American Immigration Council.

That means the federal government cannot force cities to cooperate with and/or spend resources on the enforcement of U.S. immigration laws.

“The language around enforcement in this ordinance is not new,” Devlin said. “We are simply clarifying the language in the ordinance. We are not adding anything. This has been the standard practice of our police department.”

Devlin also stressed that the ordinance is about inclusion, not division.

“Our legal, new Americans who have come here have contributed to our city’s growth,” Devlin said.