To: Patti Garrett, Mayor, Fred Boykin, Mayor Pro Tem, Scott Drake, District 1 City Commissioner, Tony Powers, Commissioner at Large, Brian Smith, District 2 City Commissioner, Mike Booker, Police Chief, Scott Richards, Deputy Chief, and Pegg...
Tell the City of Decatur to Protect Our Immigrant and Refugee Community
Demand that the Decatur City Commission and the Decatur City Police protect our city's immigrant and refugee communities by ensuring that our local law enforcement does not unconstitutionally prolong people's detention in local custody on the sole basis of an ICE detainer.
Why is this important?
On Monday September 18, 2017, the Decatur City Commission voted unanimously to adopt a resolution that, among other things, condemns white supremacy. The City can now put that condemnation to action by passing a non-detainer policy whereby local law enforcement will not prolong the detention of an immigrant per request of Immigration and Customs Enforcement (ICE) without a judicially issued warrant. Six counties and cities around metro Atlanta, including DeKalb County, already have resolutions and policies limiting collaboration with ICE. However, Decatur has yet to act.
In the wake of Trump’s revocation of President Obama’s EO granting Deferred Action to Childhood Arrivals (DACA), the Atlanta City Council voted overwhelmingly to adopt a non-detainer policy drafted by Project South, the Georgia Latino Alliance for Human Rights, and the Georgia Not1More Coalition. Now it’s time for Decatur to do the same.
Members of the Georgia Not1More Coalition provided Decatur City Mayor Patti Garrett and Decatur City Manager Peggy Merriss a similar Non-Detainer policy over three months ago and yet the City has made no affirmative steps to adopt it. This is unacceptable. As our immigrant friends and neighbors live in fear of ICE raids and arrests we must show our love and support for them by urging the City Commission to adopt the resolution below, drafted and presented to the Decatur City Mayor and City Manager by Project South, the Georgia Latino Alliance for Human Rights, and the Georgia Not1More Coalition, which is in compliance with current state and federal law.
The City needs to adopt this policy as a statement of support to our immigrant friends and neighbors, who live in fear of ICE coming into their homes, places of work and worship, brutalizing them and their families and communities. If this City truly believes it is a Welcoming City and a Compassionate City, then it is time for them stand behind their words and adopt this resolution. Otherwise the resolutions declaring the City as Welcoming and Compassionate are empty.
Based on the foregoing, we, the signers of this petition, demand that the City of Decatur and the City Police of Decatur adopt the following non-detainer policy:
The Decatur Police Department shall not detain or extend the detention of any individual at the request of U.S. Immigration and Customs Enforcement (ICE) unless ICE first presents the Decatur Police Department with a judicially issued warrant authorizing such detention.
In particular, Decatur Police Department officials shall not arrest, detain, extend the detention of, transfer custody of, or transport anyone solely on the basis of an immigration detainer or an administrative immigration warrant, including an administrative immigration warrant in the National Crime Information Center (NCIC) database.
At no time may the Decatur Police Department detain a subject for additional time beyond when the criminal matter allows release solely to notify ICE of the subject’s release or to facilitate transfer to ICE.
The Decatur Police Department shall not treat a detainer or request for notification as an indication that an individual is unlawfully present.Prior to any investigative interview of an individual in Decatur Police Department’s custody, ICE must notify the subject inmate’s attorney, provide a reasonable opportunity for counsel to be present during the interview, and certify to the Decatur Police Department that this notice and opportunity has occurred.
Any person who alleges a violation of this policy may file a written complaint for investigation with the Decatur Police Department and with the internal complaints division of the Decatur Police Department.