ACLU condemns Michigan county's new undocumented immigrant policy

LIVINGSTON COUNTY — The American Civil Liberties Union of Michigan has condemned a resolution approved in the Detroit-Warren-Dearborn area on Monday, which directs police to track any and all contact with undocumented immigrants.

The ACLU released a joint statement with 18 organizations that advocate for immigrants and specific racial groups —including Behavior Analysts of West Michigan, Intentional Life Counseling and Addictions Treatment, and the National Association of Social Workers Michigan Chapter.

“We are deeply concerned about the passage of a resolution in Livingston County that, with the cooperation of the sheriff’s department, formalizes a plan to have law enforcement target immigrants who live and work in the county,” the statement reads. “Commissioners risk running afoul of the law and igniting costly court fights while at the same time fostering division and endangering all the county’s residents.”

More: Livingston County votes to keep tabs on undocumented immigrants

The resolution requires LCSO to document interactions between undocumented immigrants and deputies “no matter the nature of the contact.” The language approved Monday refers to Vice President Kamala Harris as “the Border Czar” and claims (without data) that undocumented immigrants are contributing to a spike in crime.

According to data from the FBI, while there was an increase in violent crime during the COVID-19 pandemic, those numbers have been dropping nationally and in Michigan.

Ellie Jordan, managing attorney for the Michigan Immigrant Rights Center — which also joined the ACLU in releasing the statement — said during public comment Monday that Livingston County is the first community in Michigan to pass such a resolution.

“Most communities recognize the risks, including potential lawsuits, (because) this policy would force officers to choose between upholding the resolution and supporting the Constitution.”

In the joint statement, the ACLU and other organizations said immigrant witnesses and victims may be less likely to report crimes or provide helpful information to police, for fear they or their family members will be questioned, detained or deported.

“All of us are less safe when our friends and neighbors are afraid to call the police,” the statement read.

More: Murphy accused of 'lying about the immigration problem' after FOIA shows lack of data

Some of the speakers during public comment argued undocumented immigrants have no civil or constitutional rights. But, according to PBS, unauthorized immigrants do have basic civil rights, such as freedom of speech, the right to due process and equal protection under the law.

“Immigration law is extremely complicated, and local officers can easily break the law if they take actions based on speculation regarding an individual’s legal status,” the ACLU wrote.

“Given the complexity of immigration law, and the danger that local law enforcement officers who are untrained in those complexities will impermissibly rely on race, religion or national origin when investigating immigration status, law enforcement agencies can best reduce their risk of liability by avoiding involvement in immigration matters and leaving enforcement of federal immigration law to federal immigration officials.”

— Contact reporter Tess Ware at tware@livingstondaily.com. 

This article originally appeared on Livingston Daily: ACLU responds to new immigrant policy out of Michigan