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District Attorney Larry Krasner could prosecute ICE agents – and anyone can sue them – for wearing masks on the job or refusing to show IDs, under a bill the City Council debated on Monday.
The measure is one of a series of recent immigration enforcement restrictions and rules that lawmakers appear poised to approve as part of the seven-bill “ICE Out” legislative package.
Council member Rue Landau, who introduced several bills, said they would aid protect democratic rights and defend the city’s vast immigrant population from victimization by a federal government that wants to detain and deport residents who are undocumented or have uncertain immigration status.
Her remarks drew applause and cheers from residents and activists who filled the council chambers during Monday morning’s meeting.
“This legislation sets clear boundaries. Philadelphia will not be complicit in policies that undermine the safety and dignity of our neighbors,” Landau said. “Philadelphia will not use our resources to destabilize communities. Philadelphia will not turn its back on the people who make up this city.”
Krasner has often said he would prosecute U.S. Immigration and Customs Enforcement (ICE) agents and other federal officers who violate local laws, although he has never done so.
“Wholehearted support” – for one bill
Mayor Cherelle Parker generally refuses to discuss ICE issues. I asked in January if she was making a strategic decision not to pick a fight with the feds, she said, “You could look at it… this way.”
Council member Kendra Brooks, who led the ICE Out package with Landau, rejected the administration’s position.
“I reject the notion that if we somehow remain silent, we will remain in the good graces of the Trump administration. Moreover, if we are more concerned about poking the bear than protecting our own, we are allowing our city to be bullied, and that is unacceptable in a city as violent as ours,” Brooks said during the hearing.
Parker has not said whether she will sign the bills, allow them to become law without her signature or veto them. However, they all have the support of the veto-proof majority of the 17-member council, and on Monday the administration seemed to signal that it would not attempt to block the bills.
“We understand and appreciate the intent behind this legislation,” said Charlie Ellison, executive director of the Office of Immigration Affairs.
He outlined the city’s efforts to support immigrants and said Parker would take more “active steps” to support implementation of some of the measures.
Ellison said the administration “wholeheartedly supports” one bill that would update the city’s Fair Practices Ordinance to create a recent protected class based on immigration or citizenship status. But he said six of the seven proposals contain language that is “legally problematic,” including a mask ban, and added that city attorneys are still reviewing the latest amendments to their language.
“It is worth noting” that the anti-mask law “applies to all officers at the local, state and federal levels, and similar bills are under investigation in other states,” he said.
The bill provides exceptions for SWAT teams, medical masks and certain other uses. Driving an unmarked vehicle may also result in a fine.
According to Landau’s office, the final vote on the bills could take place on April 23. Parker would then have 10 days to take action on the matter. They would enter into force 60 days after entry into force.
No masking, no cooperation, no information gathering
The bills would mean:
• Prohibit ICE agents and all other law enforcement officers from wearing masks or using unmarked vehicles and require them to wear identification, except for undercover work, SWAT teams and medical purposes.
• Codify the city’s long-term commitment not to participate in cooperative agreements with ICE under the 287(g) program. Under such agreements, police officers arrest people arrested for immigration violations and hold them for detention and possible deportation. The city no longer participates in activities under long-standing orders from the mayor’s office.
• Prohibit city agencies, including the police, from cooperating with ICE and other federal civil immigration agents without a court order.
• Prohibit city agencies from collecting information about people’s citizenship or immigration status and sharing that information or other personal information with ICE.
• Prohibit discrimination based on citizenship or immigration status by city agencies, employers, housing providers or businesses.
• Prohibit ICE from conducting raids on city-owned properties.
• Prohibiting ICE access, without a court order, to city-owned spaces, including libraries, health centers, shelters and recreation centers.
