Iowa City adopts limited role in immigration enforcement

Iowa City has adopted a policy that denies allocation of local resources to federal immigration enforcement, a move that codifies longstanding practices.

The resolution, approved unanimously by the Iowa City Council on Tuesday, declares that the city, with exceptions, will take no law enforcement action toward and commit no local resources toward enforcing federal immigration law.

The resolution says, in part, that the "power to regulate immigration is exclusive to the federal government," as is the power of enforcement, and that there is no federal law that compels the Iowa City Police Department to participate in the enforcement of federal immigration law.

There are exceptions within the resolution, though, including public safety threats as determined by the police chief or designee; violent offenders; or situations where cooperation with Immigration and Customs Enforcement would be necessary to protect the public.

All seven Iowa City Council members and more than a dozen community members, among them Center for Worker Justice of Eastern Iowa members, University of Iowa students and other residents, emphatically supported the resolution during the meeting. Speakers during the public hearing said the policy protects all residents of the city, regardless of immigration status.

"We intend to keep (Iowa City) a safe and welcoming place for all of its residents and visitors. As some of our speakers said, if some undocumented immigrants fear they will be deported simply for being undocumented, they will avoid reporting to the police crimes they witness or have committed against them. This would make all of our residents feel less safe," Mayor Jim Throgmorton said after all other council members voiced support for the resolution. "I'm very proud to support this resolution."

The city's discussion of the policy began early last month after numerous community members requested  that the city declare itself a "sanctuary city." The requests were in response to President-elect Donald Trump's November victory in the U.S. general election.

The council's discussion soon garnered significant public interest after Des Moines-based Priorities for Iowa Inc. circulated a robocall claiming the city would declare itself a sanctuary. The council at its previous meeting decided not to pursue the sanctuary title and instead focus on policy aimed at public safety.

Throgmorton had said a majority of the calls and the hundreds of written comments urging the city not to consider the resolution came from outside Iowa City. Council members on Tuesday said they were shocked by many of the comments written in and calls they received.

"The generalization of the immigrant communities as violent is not only disgusting and offensive, but it's flat-out wrong," Mayor Pro Tem Kingsley Botchway said during the meeting. "While I'm always open to differing views, spreading fear and intimidation will not work to divide this community."

The resolution makes clear that the city will not prohibit or restrict any city employee from sending or receiving information from Immigration and Customs Enforcement regarding the immigration status of any person. The policy also states that it does not affect or limit federal immigration enforcement or the Secure Communities program.

The policy also does not "in any way condone, encourage or assist the violation of federal law" that makes it illegal to  conceal, harbor or shield someone from immigration enforcement.

In a Dec. 22 memo, City Attorney Eleanor Dilkes explained relevant state and federal laws related to immigration enforcement to inform the council's approach to its decision. In the memo, Dilkes wrote that although the police department has assisted federal authorities in efforts such as drug task forces, officials said the department has not been called on by federal authorities to assist in enforcement of immigration laws.

She also noted that federal regulations related to ICE detainer requests, or official requests sent to other federal, state or local law enforcement agencies to hold people based solely on questionable immigration authorization, are only requests and do not legally bind the city's police department or the Johnson County Jail.

Reach Andy Davis at 319-887-5404 or at aldavis@press-citizen.com, and follow him on Twitter as @BylineAndyDavis.