Tomorrow, at 1 pm, New Castle County Executive Matt Meyer will sign an Executive Order that seeks to protect the safety of all New Castle County residents and protect the diversity of the County. What County Executive Meyer is putting into place here is a smart and compassionate framework for how all of our residents are to be treated — it keeps the County resources focused on their public safety work while making sure County resources are not put into the service of federal immigration enforcement. Safety is enhanced here by making sure that all residents feel free to engage with law enforcement when there is a crime in the community AND it makes sure that NCCoPD is focused on county safety and crime-solving. County resources won’t be needlessly diverted to immigration when we have bigger problems in the County. This is a genuinely excellent step — Bravo Matt Meyer and New Castle County!
REGARDING THE SAFETY, SECURITY AND RIGHTS OF RESIDENTS OF NEW CASTLE COUNTY EXECUTIVE ORDER 17-003
New Castle County is fortunate to have a population that is ethnically, racially and religiously diverse. Our County has vibrant immigrant communities, and we have thrived because of the strength and diversity of these communities. The cooperation of all persons, both those residing here legally and those without documentation, is essential to achieve the County’s goals of protecting life and property and improving the quality of life for the people of New Castle County.
Assistance from any person, whether documented or not, who is a victim of, or a witness to, a crime is vital to providing safety to all of our residents. The cooperation of the County’s immigrant communities is essential to prevent and solve crimes and maintain public order, safety and security in the entire County. Our police department has, is and will to continue to focus on keeping all communities of New Castle County safe. This order is another step toward achieving that goal.Moreover, it is fundamental to who we are that all people in New Castle County have equalaccess to County services, regardless of their citizenship or immigration status.
The purpose of this Order is to establish the County’s procedures concerning mmigration status and enforcement of federal (civil) immigration laws, and to ensure the County provides an equal level of service to all people within New Castle County.
It is hereby ordered that:
1. ENFORCEMENT OF IMMIGRATION LAWS
No County employee, officer, Department, Division, or other County agency shall stop, question, search, surveil, arrest, detain or continue to detain a person solely based on the suspicion or belief that the person is not present legally in the United States, or that the person has committed a civil immigration violation.
2. COOPERATION WITH FEDERAL AUTHORITIES
No County employee, officer, Department, Division, or other County agency shall:
- Stop, question, surveil, search or arrest a person based on an immigration detainer or an administrative warrant for a violation of a civil immigration law.
Participate or cooperate in the creation or maintenance of any government registry based on religion or national origin.- Enter into any contracts, agreements or arrangements that deputize County law enforcement officers to act as immigration agents, such as “287(g) Agreements” or Intergovernmental Service Agreements.
- Participate in any joint operations with United States Immigration and Customs
Enforcement (“ICE”) or United States Customs and Border Protection (“CBP”), unless for purposes other than immigration enforcement, such as to investigate terrorism or the illegal movement of people and goods (includes crimes such as child exploitation, human trafficking, money laundering, narcotics enforcement, firearms smuggling, etc.).- Detain or continue to detain a person based on an immigration detainer or an
administrative warrant for a violation of a civil immigration law or permit ICE or CBP agents access to a person being detained by, or in the custody of the employee, officer, Department, Division, or other agency, unless:
- A judicial warrant has been issued for such person;
- Such person has been convicted of a violent felony as defined by 11 Del. C. § 4201(c), or an equivalent offense specified in the laws of any other jurisdiction;
- Such person is registered as a sex offender pursuant to 11 Del. C. § 4120, et seq., or a sex offender registry of any other jurisdiction;
- There is probable cause to believe that such person has engaged or is planning to engage in an act of terrorism; or
- ICE or CBP seeks access to such person for purposes other than immigration enforcement, such as to investigate terrorism or the illegal movement of people and goods (includes crimes such as child exploitation, human trafficking, money laundering, narcotics enforcement, firearms smuggling, etc.).
3. OBTAINING AND SHARING OF IMMIGRATION STATUS INFORMATION
- No County employee, officer, Department, Division, or other County agency shall:
- Respond affirmatively to an ICE or CBP request for non-public information about a person, including any information about a person’s release, court dates, home address, and work address, unless:
- A judicial warrant has been issued for such person;
- Such person has been convicted of a violent felony as defined by 11 Del. C. § 4201(c), or an equivalent offense specified in the laws of any other jurisdiction;
- Such person is registered as a sex offender pursuant to 11 Del. C. § 4120, et seq., or a sex offender registry of any other jurisdiction;
- There is probable cause to believe that such person has engaged or is planning to engage in an act of terrorism; or
- ICE or CBP seeks access to such person for purposes other than immigration enforcement, such as to investigate terrorism or the illegal movement of people and goods (includes crimes such as child exploitation, human trafficking, money laundering, narcotics enforcement, firearms smuggling, etc.).
- No County employee, officer, Department, Division, or other County agency shall:
- Inquire about, investigate or request information on the citizenship or immigration status of any person, or assist with any such inquiries, investigations or requests.
- Disclose information on the citizenship or immigration status of any person without the person’s consent, or assist with any such disclosures.
- However, nothing in this Executive Order shall prohibit any County employee, officer, Department, Division, or other County agency from:
- Maintaining, sending to or receiving from any local, state, or federal agency, or requesting from the Immigration and Naturalization Service- as per 8 U.S.C. § 1373- information regarding a person’s country of citizenship or a statement of the person’s immigration
status;- Disclosing information about a person’s criminal arrests or convictions, where disclosure of such information about the person is otherwise permitted by state law or required pursuant to subpoena or court order;
- Disclosing information about a person’s juvenile arrests or delinquency adjudications, where disclosure of such information about the person is otherwise permitted by state law or required pursuant to subpoena or court order; or
- Inquiring about, investigating, requesting information on, or disclosing information on the citizenship or immigration status of a person, or assisting with such inquiries, investigations, requests, or disclosures if:
- The action is necessary for compliance with a properly issued subpoena;
- The action is necessary in relation to actual or potential litigation or an administrative proceeding;
- The action is necessary to determine eligibility for a service, program, benefit, or employment for which state or federal law, or state or federal program guidelines, condition eligibility on immigration or citizenship status;
- The action is necessary for assessing the risk of flight at a bail hearing; or
- The action is necessary for the completion of a U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services Form I-9 Employment Eligibility Verification.
- All applications, questionnaires and interview forms used in relation to New Castle County services, programs, or benefits shall be promptly reviewed by the pertinent agencies and any questions regarding citizenship or immigration status shall be deleted, unless such questions are permitted pursuant to the above-mentioned criteria.
- With the exception of the permitted disclosures specified above, the confidentiality of immigration status information in the possession of or known to County employees, officers, Departments, Divisions, or other County agencies shall be maintained to the fullest extent permitted by the laws of the United States and the State of Delaware.
4. ACCESS TO SERVICES
- No County employee, officer, Department, Division, or other County agency shall:
- Condition the provision of County government benefits, programs, or services on matters related to citizenship or immigration status, except when specifically required to do so by state or federal law, or by state or federal program guidelines.
- Where presentation of a state-issued driver’s license or identification card is accepted as adequate evidence of identity, presentation of a photo identity document issued by the person’s nation of origin, such as a driver’s license, passport, or matricula consular (consulate-issued document), shall be accepted and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided a state-issued driver’s license or identification card, except when federal or state law or regulation requires specific forms of identification as a condition of access to a service, program, or benefit.
5. ENFORCEMENT
- Complaints regarding violations of this Executive Order shall be reviewed by the appropriate General Managers.
- Violations of this Executive Order by a County employee or officer may result in disciplinary action.
6. PURPOSE OF EXECUTIVE ORDER
- As this Executive Order directs the behavior of County employees, officers, Departments, Divisions, and other County agencies only, nothing in this Executive Order is intended to create any right, entitlement, privilege, or interest in any third party.
- Nothing in this Executive Order is intended to create a private cause of action for violations of this Executive Order.
- Nothing in this Executive Order is intended to, nor shall be interpreted to create additional expectations of privacy or procedural rights regarding detention and arrest, or as they may relate to police search and seizure operations of any kind.
So ordered on this 24th day of May 2017.
The Executive Order plus a fact sheet are embedded below.
Undocumented (aka illegal) residents, can hide things from the community. That is not good for the community, friends.
New Castle County is a SANCTUARY COUNTY! Matt Meyer is repugnant!
I love how the Executive Order says, “Assistance from any person, whether documented or not, who is a victim of, or a witness to, a crime is vital to providing safety to all of our residents.”….. Uh hello, every time an undocumented person looks in the mirror they are witnessing a crime!
Being undocumented is not a crime. Overstaying a visa or entering the country without a visa is a civil violation, not a criminal offense.
Actually it is a criminal offense, 8 US Code 1325,
(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penaltiesAny alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
Except that most undocumented aliens in the U.S. entered the country legally and then overstayed their visa. That would not violate that statute. Being undocumented is not a crime, although some things that a many undocumented aliens do (e.g. not using a legal crossing, using false documents, etc) are crimes.
You are a moron, it is a criminal offense to overstay your visa, 8 US Code 1227, use the internet for something besides looking at porn. Research your statement if you don’t have a clue.
You’re citing the INA provision on deportation. That is not a criminal statute. It just lists the bases for instituting deportation proceedings against an alien. It does not say they can be prosecuted and, in fact, deportations are handled by administrative courts, not criminal courts.
There’s no need to name-call. I am an attorney. I’m not googling up my answers like you are apparently doing.
upyernoz – I think – honestly – that you have the best username ever on bluedelaware.com.
I don’t really care what being undocumented is called. I just know it’s asinine.
For what it’s worth, the Merriam Webster definition of “crime” is: “an illegal act for which someone can be punished by the government.”
Sneaking into the country and staying here indefinitely, without documentation, isn’t a crime? That’s hilariously Orwellian.
Is overstaying a visa or entering the country without a visa legal? Can we at least agree being undocumented is illegal?
Whatever Merriam Webster says, the American legal system has two parts, criminal and civil. If I sign a contract and then fail to perform what I promised to do, it is not a crime even though it has violated the law that says that I am legally obligated to follow the terms of contracts that are binding on me. No one gets prosecuted for breach of contract (though they may be sued in a civil case). There’s nothing Orwellian about that. The civil/criminal distinction is part of the basic foundation of our legal system.
I said I didn’t care what it’s called. And after your snoozefest I don’t regret it.
And you didn’t respond: Is being undocumented legal?
Being undocumented is illegal. But it is not criminal. It is a civil offense. That is my only real point in this discussion (although in truth I agree with everything that pandora said below)
This is about enforcement, which is ICE’s job. The police have enough to do without insisting they do someone else’s job. If we want more enforcement then the answer is to hire more ICE employees, not shift ICE’s responsibility to our police forces.
Why do we assist the Feds with any of those other jobs then?… “such as to investigate terrorism or the illegal movement of people and goods (includes crimes such as child exploitation, human trafficking, money laundering, narcotics enforcement, firearms smuggling, etc.).”
I personally think all law enforcement should work together to benefit the American people. I also think law enforcement should actually enforce all our laws. I’m totally insane, I know.
There are times when investigations cross. There are times when local law enforcement and the FBI work together. Those cases are pretty specific – with specific reasons behind them. But what you’re really advocating for is for local police to do ICE’s job – a job that includes the local police asking everyone (and by everyone I mean black/brown people) for their papers. If that’s what you want, then let’s get rid of ICE, because all they’re doing with this is pushing their responsibilities onto someone else.
Pandora says to me, “what you’re really advocating for…” like she controls my thoughts.
This is why Donald J. Trump is President.
No, Pandora, I’m not advocating for police officers to ask for everyone’s papers. I’m asking for actions like police officers picking up the phone and calling the proper authorities when they’ve bumped into someone in the country illegally.
For instance, an illegal immigrant is pulled over for speeding. The illegal immigrant admits they are here illegally. According to Matt Meyer’s executive order this illegal immigrant cannot be held because a legal person cannot be held. Haha it’s insane!
I understand that this has become a humanitarian crisis. This isn’t good. I get that. We’ve let too many millions of people into our country, ILLEGALLY, for far too long. We let this happen. We are a long way down a dumb road. But we can still get off the road and then destroy the road!
And your insinuations of racism at everything are just so dumb and weak. Get a grip.
“I understand that this has become a humanitarian crisis.”
I think that is the problem. You are starting from the premise that there is some humanitarian crisis of undocumented immigrants. But I don’t think that is correct. The humanitarian crisis I see are the Trump administration’s aggressive deportation policies that are breaking up families and sending DREAMERs to countries they don’t even know.
We’ve allowed many millions of undocumented people to live here for a very long time. It’s a humanitarian crisis that millions of people are living here in the shadows. It needs to end. We either have a border, or we don’t.
At some point, we need a border. If we grant these current millions of illegal residents citizenship, we cannot just start the stupid process all over again of allowing people in illegally. We need a border at some point! Legal immigration is fine. Illegal immigration is not.
And of course it’s a humanitarian crisis to the Americans footing the bill and being trampled by cheaters and the system. Hello, we count too. These are epic proportions we’re talking about. Not cool.
Guatemala and Mexico, for instance, are very scary places. Are you happy our borders are open to them? WTF? So that means our country is open to becoming a very scary place too? It’s just asinine.
Why not bring in one (or two!) billion people from all over the world, but only require the 300 million of us dopey Americans to have documents? And the 300 million dopey Americans can pay more too! Yippee!
Once again, you are making a ton of assumptions that I simply disagree with. I disagree that we need to crack down on the undocumented to prove we have a border. For the first 100 years of this country there were no legal restrictions on immigration, until the 1950s, the border with Mexico was “open” (that it Americans and Mexicans could freely move back and forth without any legal restriction). We had a border in those days.
As for footing the bill, undocumented immigrants contribute a lot more to the U.S. than we pay them. They work at higher rates than citizens, and most of them have taxes deducted for services that they largely cannot access because of their status. The social security administration makes millions from contributions made to the trust fund on behalf of the undocumented who will never be able to claim retirement benefits from that trust fund. Every economic study of the effects of illegal immigration has found either that the economic benefits outweigh the costs or that they break roughly even.
I’m not scared at all of Mexico or Guatamala. They both have their problems, but everywhere does.
See? Without all those assumptions, you’re just not making a very convincing argument. The assumptions are doing all the work.
If you’re really serious about immigration then start with employers. Fine them at business crushing rates and you’ll solve the problem. If we aren’t willing to do this then I’d say we really aren’t serious about undocumented immigrants. (We aren’t serious, btw.)
By the way, DREAMERS’ parents often brought them to a country they didn’t even know.
That depends on the family doesn’t it? Some took their kids to visit the ancestral country, some did not. When they are undocumented leaving for a visit poses a real risk that you won’t be able to get back to the U.S. so that is why a lot of dreamers have not seen the country they were born in.
Open up the borders then! Everybody is welcome! No vetting! No paperwork! And remember, this doesn’t make us dumb nor unsafe! (says upyernoz).
The first 100 years of the country were a wee bit different times than today. Laws were different then, yes. Haha. Let’s progress forward, right?
This economic study upyernoz references was able to perfectly estimate how much under-the-table money has been paid to illegal immigrants over the years? Sure. Sounds reasonable. I’m simply interested in fairness. For all involved!
So the illegal immigrants pay into the government retirement funds. So the government has records of the payments and that the payments are coming from someone here illegally. But the government doesn’t enforce the law they know this person is breaking. We’re back at the root. This is why Donald J. Trump is President. It’s a big problem, I know.
Upyernoz says they have their problems in Mexico and Guatemala. Yes I agree. Many of the average people in those countries have never experienced a free society. And, sadly, it’s been that way for centuries. How do you expect them to show up here, unannounced, and just start acting properly, in accordance with a free society? They’ve never seen such a thing. Shouldn’t we at least get to pick which of these people we will allow into our country? You know, legal immigration?
I know some of this topic sounds rough, but it’s true. America is better than Mexico and lots of other places, even if all places have their problems.
I have nothing against Mexicans, Guatemalans, or any other people. But I do have something against the idiotic system in the US and the disgusting systems in places like Mexico and Guatemala.
Wait… so in your scenario an undocumented person just volunteers that they’re undocumented? Without being asked? Yeah, I’m just gonna toss out that scenario where information is volunteered. Sorry.
And I’m not insinuating racism. I’m flat-out calling it. Who exactly do you think is going to feel the affects of these questions? It will be non-white people. I have zero worry of ever having my citizenship questioned, but my friends of color certainly do – as well as my Muslim, Sikh, etc. friends.
Well, if an illegal immigrant did volunteer that they are breaking the law right to the cop’s face…… the cop would not be able to do anything about it because Matt Meyer says so! Haha. That’s so dumb!
The scenario might be unlikely, but the truth of this executive order is the issue I’m talking about! It would make that crazy situation even crazier!… by executive order!
Plus, you are just reinforcing the idea that illegal immigrants are hiding things from the community. At least we agree on that.
The ones who would be affected by the action of holding undocumented people until the proper authorities can handle it… would be undocumented people! Duh! It’s so obvious.
Let’s get this straight: I agree that no one – NO ONE – should ever be stopped, questioned, or anything like that, without probable cause. That’s one of our great laws. But I also think that we should enforce immigration laws.
If Trump makes it legal to stop people for no reason, I will be totally against it. If he dares bring in a stop-and-frisk type law, which he has sort of hinted at before, I will be against it! But that hasn’t happened. What has been happening, for decades, is the ignoring of immigration laws.
Pandora says, “If you’re really serious about immigration then start with employers. Fine them at business crushing rates and you’ll solve the problem.” YES! I love this idea! This is what I often say.
Trying to cut through your sarcasm, Stephen. You’re not making much of a coherent argument as much as just trying to mock me, which only makes sense if you already agree with your premise that illegal immigration is a big problem.
I also question how much you know about Mexico or Guatamala. Both countries have major problems with organized crime and lawlessness, but they are both also democracies (albeit flawed democracies. Then again, ours is flawed too). The idea that this is about fleeing an oppressive government that you are implying here is a little misguided.
And yeah, as Pandora said, it is hard to make sense of your claims without seeing some element of racism in your comment. You are making a whole lot of assumptions about what Mexico and Guatamala are like (not to mention your underlying assumption that most of the undocumented are from those countries. There are a lot of undocumented europeans, who came here as a student or tourist and overstay)
Anyway, I cited some studies about the effects of immigration on the economy. There are actually a bunch. Here is one from the Wharton Business school (that included both legal and illegal immigration in the study): http://www.budgetmodel.wharton.upenn.edu/issues/2016/1/27/the-effects-of-immigration-on-the-united-states-economy
Here is an article about the economic impact of illegal immigration: https://nyti.ms/2k645Bc
And here is a discussion of my claim that the undocumented provide a windfall to the social security administration (Hillary Clinton claimed that they provided the SSA with a $12 billion a year windfall. The fact-check article concluded that there are a variety of estimates on the amount the SSA benefits and that it ranges between $7 billion and $12 billion a year. But either way it gets a lot of extra money): http://www.politifact.com/truth-o-meter/statements/2016/aug/10/hillary-clinton/undocumented-immigrants-social-security-contributi/
Upyernoz, I’m not mocking you or anyone else here. I appreciate this conversation. I’m being very coherent. Over and over again, I state that I want our laws enforced. That’s all.
I never assumed that most immigrants are from Mexico and Guatemala, I just used them as examples. You are the one who jumped to that assumption. I don’t give a rat’s ass what color or ethnicity or country you came from… if you’re here illegally, you are here illegally! Duh!
Which country do you consider treats its people best?… USA, Mexico, or Guatemala? Is it even close? I would NOT want to live in Mexico or Guatemala over the USA. That’s all. I know it’s a bit rough sounding, but it’s also obvious, right?
Furthermore, just to be super clear, I also think that the USA is better than Germany, France, and England. I’d much rather live here.
Also, just to be super clear again, the illegal Germans, the illegal French, the illegal Brits… they all are illegal and need to be handled by the proper authorities! This is so simple. Stop putting words into my mouth. This is why Donald J. Trump is President.
I appreciate you getting these studies and I’ll look at them. At least we should have an open debate as opposed to hiding things from each other.
Documented residents can hide things from the community too. If you are hiding specifically illegal activity, then it is the job of law enforcement to ferret that out and get into the hands of prosecutors. Which remains the same after this Executive Order. The thing that won’t happen is to spend County funds to do the job the Feds are supposed to do.
You’re absolutely right that “documented” residents can hide things too. People of all kinds hide things. I’d even say it’s human nature to desire to hide certain things.
If we know that people hide things, why give a section of the population (illegal immigrants) a path to operate on, while denying that path to others in the population? It’s unfair. It’s also unsafe. And dumb!
Why is it unsafe?
You’re asking why having undocumented people living here is unsafe?
Haha. I’ll bite.
Here’s ONE simple example: Without documentation, it is harder for police to investigate a murder committed by an undocumented person. And since it’s harder, it takes a longer time. And that extended time leaves the murderer roaming around free, which is unsafe for the community.
The “undocumented” don’t lack any form of documentation. “Undocumented” just means they lack one specific kind of documentation–documentation of legal immigrant or non-immigrant status. (That is, a valid visa or green card). They jobs, bank accounts, houses or apartments, drivers licenses, utility bills, etc., which means they have all kinds of documentation.
You know who also lacks those same documents as the undocumented? U.S. citizens! I’m a citizen and I do not have a green card or a visa to enter the U.S. That doesn’t mean I’m not leaving paper trails for whatever I do all over the place.
Illegal immigrants have drivers licenses, bank accounts, and all sorts of other official documents?! We are such a stupid country then!
This is why Donald J. Trump is President.
We are a nation of immigrants. Residents can appear like immigrants and vice-versa. ICE agents have access to information, processes and procedures to establish the immigration status of people in the US. Local law enforcement doesn’t. And when they try to do it, they open themselves up to civil liability for mistakes.
https://www.aclu.org/cases/immigrants-rights/galarza-v-szalczyk
In addition, if a crime is committed in an area where a number of residents might be undocumented (or their relatives or friends) a NCCoPD officer is much less likely to get help from witnesses when investigating a crime if there is a fear of deportation.
Why does that make us stupid. The undocumented are people like anyone else. Of course they are going to have other documents. Documents are a byproduct of living in our society.
What I don’t get is why anyone is hostile to the undocumented.
Congress should reauthorize E-Verify as it currently exists and work to expand its reach and that would solve the majority of the issue that is consuming this post. I have not once heard President Trump speak about E-Verify as a deterrent! Instead, of doing something as simple as enforcing and enhancing E-Verify President Trump has preyed on the bigotry and ignorance that has always existed in our Country and given it a platform on which to rear its ugly head once again. Smoke and mirrors. Under Trump when all is said and done the middle class and poor will be worse off — with or without these undocumented workers. Who will you blame then???
It is clear that New Castle County has it’s own crime to fight and limited resources with which to keep our County safe. Making sure that the Federal Government does it’s job enforcing a “Civil” issue with its own funding is a simple matter. If a crime is being committed then our local police will do their job . . . why so much hysteria? Civil enforcement should be left to ICE . . . they have a their own funding and many more resources.