The Seifert amendment:
No aid for cities with sanctuary ordinances. Notwithstanding subdivision 8 and 9, no city may receive aid under this section if the city has, at the time the aid is certified, an ordinance prohibiting public safety officials from undertaking any law enforcement action for the purpose of detecting the presence of undocumented persons, or to verify immigration status. Any aid that would otherwise go to a city under this section shall be redistributed to other cities under subdivisions 8 and 9.
This is no strawman, as some have claimed, because there is no truly "American" characteristic that distinguishes "American" from "Non-American". Thus, the question becomes, what group are we targeting to "verify immigration status"? Let's be honest, because we are talking about anyone who appears to be of any Latino/Chicano stock. Little has been explained from the supporters of such amendments on how to determine the immigration status of this population without an outright check of every single person of Latino/Chicano heritage. Until an effective determination can be explained, we must take these measures for what they are and protect the thousands of law abiding Latino/Chicano citizens who would be adversely affected by such actions.
At best, this amendment represents an ineffective diversion of resources away from public safety to immigration enforcement that is rightly the venue of the federal government. If the federal government cannot enforce its own laws, that burden should not be disproportionately placed upon already overburdened police officers.
Seifert rightly received the scorn of these DFLer's:
The Minneapolis Ordinance is as follows:
Minneapolis
19.30. Public safety services. (a) To the extent permitted by law, in providing public safety services, employees of the police and fire departments, and the city attorney's office - criminal division, (collectively, public safety officials), shall be governed by the following requirements:
(1) Public safety officials shall not undertake any law enforcement action for the purpose of detecting the presence of undocumented persons, or to verify immigration status, including but not limited to questioning any person or persons about their immigration status.
(2) City attorney's office - criminal division employees shall be permitted to:
a. Inform persons of the possible immigration consequences of a guilty plea.
b. Question and conduct cross-examination of a witness or defendant regarding immigration status.
c. Inquire about immigration status for purposes of bail or conditional release.
d. Investigate and inquire about immigration status when relevant to the potential or actual prosecution of the case or when immigration status is an element of the crime.
e. Take immigration status and collateral effects of possible deportation into consideration during discussions held for the purpose of case resolution.
(3) Public safety officials shall not question, arrest or detain any person for violations of federal civil immigration laws except when immigration status is an element of the crime or when enforcing 8 U.S.C. 1324(c).
(4) Nothing in this chapter shall prohibit public safety personnel from assisting federal law enforcement officers in the investigation of criminal activity involving individuals present in the United States who may also be in violation of federal civil immigration laws.
Simply put, this ordinance takes immigration enforcement out of the hands of local police and places it where it rightly belongs. The federal government is responsible for such enforcement and the ordinance makes it clear that the Minneapolis Police Department will assist with any such investigation. It provides no such "sanctuary" for illegal aliens.
The St. Paul Ordinance is as follows:
Sec. 44.03. Public safety services.
(a) To the extent permitted by law, in providing public safety services, employees of the police and fire departments, and the city attorney's office - criminal division, (collectively, public safety officials), shall be governed by the following requirements:
(1) Public safety officials may not undertake any law enforcement action for the sole purpose of detecting the presence of undocumented persons, or to verify immigration status, including but not limited to questioning any person or persons about their immigration status.
(2) City attorney's office - criminal division employees shall be permitted to:
a. Inform persons of the possible immigration consequences of a guilty plea.
b. Question and conduct cross-examination of a witness or defendant regarding immigration status.
c. Inquire about immigration status for purposes of bail or conditional release.
d. Investigate and inquire about immigration status when relevant to the potential or actual prosecution of the case or when immigration status is an element of the crime.
e. Take immigration status and collateral effects of possible deportation into consideration during discussions held for the purpose of case resolution.
(3) Public safety officials may not question, arrest or detain any person for violations of federal civil immigration laws except when immigration status is an element of the crime or when enforcing 8 U.S.C. 1324(c).
(4) Nothing in this chapter shall prohibit public safety personnel from assisting federal law enforcement officers in the investigation of criminal activity involving individuals present in the United States who may also be in violation of federal civil immigration laws.
The St. Paul ordinance is ostensibly the same as the Minneapolis Ordinance. In neither case can you find "sanctuary" for illegal aliens and in both cases the city vows to assist the efforts of the federal government in the investigation of such aliens.
An interesting story from last May illustrates my point quite clearly:
U.S. Immigration, Customs and Enforcement (ICE) agents struck at the heart of Minneapolis’s Latino community Saturday, with a high-profile presence and apparent collaboration by the Minnesota Bureau of Criminal Apprehension and the Minneapolis Police Department. Though law enforcement officials claimed the operation targeted identified suspects involved in human trafficking, activists say they also stopped Latino pedestrians, demanding identification and verification of immigration status. The high-profile operation sent people running in panic, emptying some stores in the middle of the week’s busiest shopping day.
Given the rhetoric offered by Mr. Seifert, perhaps he should be reminded of stories such as this that highlight the very essence of the ordinances in question. When asked to assist a federal operation, this city did its part to enforce immigration law.
In other interesting news (h/t Ollie Ox), it seems as though the residents of the mourning community that Seifert purports to be doing this for are less concerned about wedge issues than they are about healing the wounds of a tragic accident.
By and large, there has not been much public outcry or outrage in this area over the woman's immigrant status, and that says something about the intelligence and decency of this area. But there has been plenty of complaint and discussion in other areas — notably the Twin Cities, the blog-o-sphere and, apparently, talk shows.
Perhaps Mr. Seifert should get back to the business of punishing the ranks of his own party rather than trying to punish the populations of entire cities.
3 responses to "Seifert Demagoguery"
Serious question: If "public safety officials shall not undertake any law enforcement action for the purpose of detecting the presence of undocumented persons", then how will anything related to illegal immigration make its way to the City attorney's office?
I'd further submit that local law enforcement must work with ICE in identifying illegal immigrants. the first point essentially says that law enforcement is prohibited from doing that.
Gary,
If you notice the last part of the ordinance, which states that they may do so if it is an element of a crime. Also, it clearly states that NOTHING in the ordinance prohibits them from assisting ICE. The deal here is that it puts the responsibility in the hands of federal officials.
I did notice that they can assist ICE. I'm just arguing that there shouldn't be restrictions on them in initiating action.
I'd further suggest that they should be able to do this whether it's "an element of a crime" or not.
This is a big problem & ICE can't be everywhere. Local & federal law enforcement must work together if we're to solve this problem.