Elorza says CSA could pass ‘before the end of the year’


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Martha Yager and Vanessa Flores-Maldonado

Providence Mayor Jorge Elorza attended an East Side forum on the Community Safety Act (CSA), saying that despite some differences, he doesn’t “think it will be a problem getting this done before the end of the year.”

East Side City Councillors Kevin Jackson and Sam Zurier were in attendance. Councillor Seth Yurdin was out of town. While Jackson is fully in support of the CSA, Zurier and Yurdin have both publicly registered doubts.

After Elorza heard the speakers below, he spoke about his own encounters with the police, due to racial profiling. Though in broad agreement with the CSA, Elorza did outline some points of disagreement, including issues around the use of canines in policing, requesting proof of ID from juveniles, a prohibition against photographing juveniles, the eradication of the gang identification database and concerns that a “community safety review board” clashes with the police officers bill of rights.

On the gang database, Elorza believes that there will be a way to make the process more open, so that people will be able to have some measure of oversight. He also feels that there may be ways to craft policies that will satisfy both sides of the issue.

“There are many more places where there is agreement than disagreement,” said Elorza, “and on the areas where there are disagreements, I still remain very hopeful.”

There was little doubt that the community members in attendance were squarely behind the CSA. Nine residents spoke passionately about the need for expanded oversight of the police. Resident Don Baier told a very personal story of when he called the police to help find his sister, who was roaming the streets, delusional. Because of the excellent work of the police, his sister was recovered unharmed and received treatment. Not everybody has such positive interactions with the police, said Baier. He wishes that “every neighborhood could get the same kind of swift, thoughtful action” from the police.

Resident Maureen Reddy is a white East Side resident with a black husband and children, and she is afraid to call the police, for fear that her family might be imperiled. “Both of my children have been hassled by police, repeatedly,” said Reddy. Her son simply assumed that when he left the house, he would be stopped by the police and asked to explain himself. Her daughter was stopped on Benefit St by officers with guns drawn. Had it been her son in that position, she fears he would be dead.

Once a man pulled into Reddy’s driveway and asked her to call the police. Before she did so, she made sure to tell her husband to wait inside the house, so he wouldn’t be a target when the police arrived. Another time, when a woman was yelling in the middle of the night, Reddy did not call the police. Her husband and other neighbors went outside to assist the woman, but before the police arrived, her husband went back into the house. Again, he did not want to be a target of police suspicion, simply because he was black.

Julia Carson is the Principal of Central High School in Providence and an East Side resident. “I am heartbroken when I am ordered, by police officers, to clear the plaza [at Central High school], ‘get the trouble out.’ I don’t know about any of you, but high school was my safe haven growing up. We used to hang out every day after school and I don’t understand why my kids can’t do the same thing.”

Criminal Justice Attorney Annie Voss-Altman cited research that shows that non-whites are more likely to experience the use of non-deadly force in their encounters with police. “Subject compliance didn’t matter,” said Voss-Altman, “across the board, you’re fifty percent more likely to experience the use of force in your encounter with the police is you are black or Hispanic than if you are white or Asian.”

East Side resident Doug Best made the financial case for the CSA. “…the cost of paying settlements for police misconduct,” said Best, is “our major contributor to poor ROI [return on investment].” In other words, when the police mess up, it costs the city money to settle cases.

East Side resident Mark Santow is an American historian provided a historical context for the CSA. Present policing policies in communities of color drive resentment towards the police, said Santow, “and resentment can prevent the type of effective policing needed to keep communities safe and officers safe.”

Libby Edgerly highlighted the positive efforts the Providence Police department has made in addressing some of the concerns presented this evening. Including Mayor Elorza’s recent announcements regarding plans to address concerns about homelessness downtown. “Other notable recent police department initiatives,” said Edgerly, “include requiring police to use department phones, not personal phones, when videoing non-violent demonstrators. Also, supporting a youth basketball group. Also, instituting additional police training on how to work with people suffering mental health disturbances and, finally, choosing not to purchase military equipment offered by the federal government to police departments nationwide.”

The last item generated appreciative applause.

Ondine Sniffin is a resident of the East Side, a Latina, “and I’ve been arrested at a traffic stop… I learned that even though I’m an educated, English speaking U.S. citizen, I can still be mistreated, solely on account of my gender and/or ethnicity.”

East Side resident Sarah Morenon said that having theses practices established as policies is not enough. Policies change and are enforced at the whims of whoever is in charge. “My concern,” said Morenon, “is codifying the desired practices, to put into writing the police behavior guidelines, and get them into law… where subjectivity will not play such a major part.”

“I would like to see the city policy about non-compliance with ICE holds codified,” said Morenon, right ow the policy is “an informal directive.”

Councillor Sam Zurier expressed some doubts about the CSA, and talked about legislation he plans to introduce as a kind of a “stop-gap” measure.

Councillor Kevin Jackson has black sons, and he’s been a stalwart supporter of the CSA.

Moderator Wendy Becker

Martha Yager of the AFSC helped organize the event.

Vanessa Flores-Maldonado is the CSA coordinator.

Elorza’s support for the CSA was clear. Zurier may need more convincing, and Seth Yurdin’s present opinion is unknown.

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Providence City Councillor Kevin Jackson

Hearing scheduled in ACLU of RI lawsuit over unlawful detention by immigration officials


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acluAttorneys for the American Civil Liberties Union of Rhode Island and the ACLU Immigrants’ Rights Project will argue in support of its motion for summary judgment in its federal lawsuit on behalf of Ada Morales, a North Providence resident who has twice been detained as a deportable “alien” even though she is a U.S. citizen. The hearing is before U.S. District Judge John J. McConnell, Jr.

The ACLU’s lawsuit alleges that federal Immigration and Customs Enforcement (ICE) officials and Rhode Island officials often bypass Constitutional requirements and safeguards when they detain individuals on immigration grounds.

In February 2014, Judge McConnell held that there are critical constitutional limits on the power of immigration and corrections officials to detain people while investigating their immigration status and that Ms. Morales “has set forth plausible allegations that she was unconstitutionally detained solely based on her national origin and Hispanic last name.”  In July of 2015, the U.S. Court of Appeals for the First Circuit upheld that ruling.

A decision on the motion for summary judgment is expected at a later date.

More information and documents regarding this case are available here: http://riaclu.org/court-cases/case-details/morales-v.-chadbourne

[From a press release]

State House drama over ICE detentions


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Amanda Torres

On July 17th, in a move hailed by immigration and civil rights groups, Governor Chafee signed an executive order mandating that Rhode Island’s Department of Corrections “no longer honor federal immigration detainers without a warrant.”

Unfortunately, it seems the Rhode Island Division of Sheriffs did not get the memo. Last Friday the Sheriffs detained Gustavo Torres at the courthouse after a judge ordered his release. Gustavo has been in this country for 15 years and is married to Amanda Torres with whom he has three children. He now runs the risk of being deported.

On Thursday the Olneyville Neighborhood Association, in collaboration with the We Are Arizona Coalition, held a rally at the State House  which culminated in an emotional meeting between Kenny Alston, Governor Chafee’s chief of staff, and Gustavo’s wife, Amanda Torres. With Torres were her three children. Though there was no immediate resolution to the crisis, Alston did assure the thirty people at the rally and Gustavo’s wife that the Governor’s office was doing everything it could to bring this situation to a just and speedy resolution.

And watch Chafee chief of staff Kenny Alston address the group in this video:

 

Representatives from groups such as Jobs with Justice, English for Action, Fuerza Laboral, SEIU, Immigrants in Action Committee, American Friends Service Committee, Providence Youth Student Movement, Unitarian Universalist Association, Gloria Dei Lutheran Church and the Brown Student Labor Alliance were also in attendance.

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Kenny Alston

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ACLU Sues Over Wrongful Detention of US Citizen


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Ada Morales, of North Providence, is a US citizen. But twice she has been detained by law enforcement officials who didn’t realize she she had become naturalized in 1995.

In an effort to ensure the same thing doesn’t happen to her a third time – or someone else for the first time – the RI ACLU is suing state and federal officials saying they violated her constitutional rights.

Here’s the press release from the ACLU:

The ACLU today filed a lawsuit in federal district court on behalf of a North Providence resident who has twice been detained as a deportable “alien” even though she is a U.S. citizen. The lawsuit alleges that federal Immigration and Customs Enforcement (ICE) officials and Rhode Island officials often bypass Constitutional requirements and safeguards when they detain individuals on immigration grounds.

In May 2009, Ms. Ada Morales, who was born in Guatemala and who naturalized as a United States citizen in 1995, was taken into custody on unrelated criminal charges. While she was being held at the ACI, an ICE “immigration detainer” was lodged against her. Even though a judge ordered Ms. Morales released, the R.I. Department of Corrections held her in custody for an additional 24 hours because of the ICE detainer. “When I found out that I was being detained for immigration reasons, I was shocked,” said Ms. Morales. “I told the Rhode Island officials that I’m a U.S. citizen, and I offered to show them my naturalization certificate and passport, but no one would listen. They just assumed they could hold me because of my Guatemalan background and the color of my skin.” An ICE official later apologized to Ms. Morales for her wrongful detention, but acknowledged that it could happen again. In fact, she had been unlawfully detained in virtually identical circumstances once before, in 2004.

“Ms. Morales’s ordeal is another example of how ICE’s detainer practices lead to wrongful detention,” said Kate Desormeau, staff attorney at the ACLU Immigrants’ Rights Project. “ICE has no business detaining U.S. citizens. Yet because of ICE’s practice of issuing detainers first and asking questions later, we’ve seen U.S. citizens unlawfully detained all across the country.” Rhode Island ACLU executive director Steven Brown added: “This case is an important reminder of the collateral damage that harsh immigration policies can cause, and provides a compelling reason why Rhode Island should not be in the business of assisting with federal immigration enforcement.”

An ICE detainer is a document that advises law enforcement officials that ICE may seek to take an individual into custody for deportation purposes once state or local custody ends. The suit alleges that ICE officials issue detainers “without a sufficient investigation to determine whether arrestees who are perceived to be ‘foreign’ (based on their place of birth, race or ethnicity, foreign-sounding last names, and/or English language ability) are in fact U.S. citizens.”

The suit also claims that ICE has been deliberately misleading about the legal effect of immigration detainers, prompting local and state officials to believe that they are required to continue holding individuals on the basis of detainers even though detainers are only requests that a person be held.

ICE agents and state and local officials typically treat a detainer as authorizing continued imprisonment, even if no state or federal charges are pending and no deportation proceedings have been brought. Unlike a criminal warrant, immigration detainers are issued by ICE itself, and are not based upon a probable cause determination by a neutral judicial officer.

The lawsuit claims that federal and state officials violated Ms. Morales’s constitutional rights to due process, equal protection of the laws, and freedom from unreasonable searches and seizures, and seeks injunctive relief and damages for violation of her rights.

The suit is being handled by RI ACLU volunteer attorneys Mark Freel and Erika Lindberg from the law firm of Edwards Wildman Palmer LLP, and National ACLU attorneys Omar Jadwat and Kate Desormeau.