PORTLAND — The City Council postponed a vote Monday on ordinance language that would further limit how public employees can interact with federal immigration authorities.
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 second reading and vote will now take place May 4.
Councilors did not state a reason for tabling the item.
The draft language builds upon a state law that takes effect this summer that limits local law enforcement from collaborating with federal immigration authorities, but extends the limitations to all public employees, which the ACLU argues eliminates local liability in potentially unconstitutional action.
Michael Kebede, policy director for the ACLU of Maine, said earlier this month that the organization began advocating for the language in response to the federal government “violating the constitutional rights of people through immigration enforcement,” and that the ordinance eliminates the involvement of local officials in such actions.
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.
A portion of the proposed language states, “No person acting in their capacity as a City employee shall assist or cooperate with, or allow any municipal monies or resources to be used to assist, cooperate with, or facilitate any federal agency in any immigration enforcement operation, except where required to do so by state or federal law, court order, or judicial warrant.”
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.
After the first reading April 13, more amendments to the language were forwarded by councilors Regina Phillips and Pious Ali.
Kebede said Monday that most of the changes were recommended by the ACLU of Maine and are aimed at making it easier to interpret once LD 1971, the state law regarding enforcement cooperation, goes into effect this summer.
The city of Bangor was also slated to consider similar ordinance language Monday. If both cities pass their ordinances, they would join Lewiston and mean Maine’s three most populous cities would have language on the books. Rockland also has previously passed an ordinance.
The Portland City Council initially considered passing the item as an emergency April 13, which requires seven affirmative votes, but opted to conduct a first reading only.
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