DETROIT, MI, September 23, 2024: Civil rights and community groups issued the following statement in response to the Livingston County Board of Commissioners’ approval of a resolution regarding the monitoring of all contact between undocumented immigrants and the Livingston County Sheriff’s Office:
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. 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.
Our neighborhood associations, parks, and places of worship do not discriminate on the basis of immigration status, and neither should our county government. We are all stronger and safer when we work together to foster positive relationships, regardless of immigration status.
Importantly, the just-adopted resolution will undermine public safety by destroying the already tenuous trust between immigrant communities and local law enforcement. Immigrant witnesses and victims will be less likely to report crimes and helpful intelligence for fear that 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.
Tracking immigration status is not the business of local law enforcement and takes valuable time away from the type of community policing that can actually help keep local communities safe. Most immigration violations are civil infractions under the purview of the federal government. State and local law enforcement officers must have reasonable suspicion of a crime to make a stop, and lacking documents is not a crime. Therefore, local law enforcement officers cannot detain or arrest someone simply because they believe the person is in the United States unlawfully. Doing so would result in law enforcement violating the constitutional rights of the people arrested and detained, and would subject the community to costly litigation. The responsibility for making civil immigration arrests lies with federal agents.
Also highly significant is the fact that implementing this resolution could likely lead to violations of state and federal 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. 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. In addition, racial profiling by law enforcement is unconstitutional; targeting minorities on account of race or (perceived) national origin deprives these individuals of equal protection under the laws within the meaning of the 14th Amendment to the U.S. Constitution. Livingston has professed to be a Constitutional County yet this policy will force officers to choose between upholding the resolution and supporting the Constitution.
Livingston County has set a dangerous precedent. In addition to being divisive and impractical, the resolution will also make the county vulnerable to costly litigation at the expense of taxpayers.
We urge Livingston County residents, and the people of Michigan, to reject these counter-productive, anti-immigrant policies, and focus instead on developing thriving communities where everyone is safe and welcome.
The following organizations, faith institutions, and businesses oppose the resolution and have signed in support of the above statement:
ACLU of Michigan
ABISA (African Bureau for Immigration and Social Affairs)
APIA Vote-Michigan
Arab American Heritage Council (AAHC)
Behavior Analysts of West Michigan
Burma Center
Caribbean Community Service Center
Detroit Hispanic Development Corporation
El Concilio
International Affairs Center
Intentional Life Counseling & Addictions Treatment
Latin Americans United for Progress INC
MANA de Metro Detroit
Michigan Immigrant Rights Center
MI Poder
National Association of Social Workers – Michigan Chapter
Refugee Garden Initiatives
Slow Farm
Southwest Detroit Environmental Vision Project (S.D.E.V.)
Immigrant families in Michigan who have questions about their rights can consult MIRC’s resources regarding immigration enforcement posted online or call MIRC at (734) 239-6863.