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Residents applaud the Washtenaw County Board of Commissioners after a majority of commissioners gave initial approval to new county policies in support of immigrants on Wednesday night, May 3, 2017.
(Ryan Stanton | The Ann Arbor News)
ANN ARBOR, MI - Washtenaw County officials want to make immigrants, including those in the United States without authorization, feel welcome.
As an act of resistance to President Donald Trump's agenda and in solidarity with the county's immigrant community, the County Board of Commissioners voted 5-2 at its Ways and Means Committee meeting Wednesday night, May 3, to give initial approval to new immigration policies.
Commissioners approved a package of three resolutions that now await final approval at the next full board meeting on May 17.
One resolution asserts the county's support for the immigrant community, another affirms the county as "a welcoming community that respects the innate dignity of all people," and the final resolution adopts a policy governing the solicitation of immigration status by Washtenaw County public servants.
There's an expectation the county will be putting taxpayer money toward programs to aid immigrants, including undocumented immigrants facing deportation or otherwise affected by federal immigration enforcement.
Commissioners decided against including specific dollar amounts in the resolutions, though a memo accompanying the package states the board's actions would result in appropriations of about $135,200 from the general fund's cash reserves for one-time expenses.
Commissioners heard a large outpouring of support from immigration advocates who packed into the county board room, which was standing room only. Many spoke out and the crowd watching and cheering spilled into the lobby.
Commissioners also heard from a handful of people, including some township officials, who opposed the resolutions. Some opponents argued the county was out of line to support undocumented immigrants, arguing they take jobs from U.S. citizens and supporting them is a slap in the face to other people who come here legally or want to come live here but can't.
Opponents who spoke out included Northfield Township Trustee Tawn Beliger and Augusta Township Trustee Christopher Ortiz.
Commissioner Conan Smith, D-Ann Arbor, brought forward the package of resolutions and had support from commissioners Jason Morgan, Andy LaBarre, Ricky Jefferson and Kent Martinez-Kratz in the 5-2 vote.
Commissioners Alicia Ping of Saline, the only Republican on the board, and Ruth Ann Jamnick, D-Ypsilanti Township, voted against it.
Commissioners Felicia Brabec and Michelle Deatrick were absent.
According to a memo Smith provided to other commissioners, Washtenaw County is home to 43,838 foreign-born residents, 41 percent of whom are U.S. citizens, while the balance (roughly 25,800 people) are either legal residents or undocumented immigrants. The latter group, Smith argues, is the most vulnerable under current approaches by U.S. Immigration and Customs Enforcement.
"Enforcement actions targeting convicted criminals are also sweeping up undocumented residents and legal residents with minor offenses on their records," Smith wrote in his memo. "In other cases, legal immigrants performing routine check-ins with ICE (as was the recent case with Ann Arbor resident Yousef Ajin) are leading to detention and deportation hearings unexpectedly. Official data on the number of actions or the rate of detention is not yet available, although information has been requested by Congresswoman Debbie Dingell."
Perhaps the most severe issue as it relates directly to county government, Smith said, is "the intimidation effect these policies and actions have on the immigrant community." For fear of initiating a deportation action, Smith said, many immigrants are avoiding routine interactions with government agencies.
"This includes contacting law enforcement when a crime is being committed either against them or in their neighborhoods and declining to access human and social services, such as health care and housing supports," he wrote. "Washtenaw has a long tradition of supporting our immigrant population. For example, the Office of the Sheriff does not participate in ICE actions; the Office of the Clerk manages a County ID program to support immigrants; many participants in the Washtenaw Health Plan are immigrants. However, our framework for responsive action to recent changes in approach at the federal level is not strong or clear."
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Smith said the new resolutions and policies seek to communicate and codify what is already a strong culture within the county of engaging the immigrant community in a safe and secure manner, including a statement encouraging the federal government to change course on its approach to immigrants, authorization for the county to join the Welcoming America coalition, direction to fund emergency services and legal aid for immigrants, and adopting a policy clarifying how the county engages with residents around their immigration status.
"Washtenaw County denounces expanded immigration actions by the federal government that destabilize our communities by creating an atmosphere of fear and isolation for our residents from other countries and their families regardless of their immigration status," reads the first resolution, urging Congress to adopt immigration reform legislation that restricts deportation actions to individuals charged with aggravated felonies, creates clear and reasonable immigration sanctions short of deportation for non-citizens convicted of crimes, expands opportunities for legal immigration and creates a path to citizenship for those seeking permanent status as U.S. residents.
The resolution also calls on business leaders locally and throughout Michigan to express strong support for congressional action on immigration reform that acknowledges the contribution immigrants make to the economy.
The second resolution voices the county's support for participating in the national Welcoming America initiative that works to promote mutual respect and cooperation between foreign-born and native-born Americans.
It directs the county administrator to complete the application process, including a $200 membership fee.
The resolution also directs the county's Office of Community and Economic Development to make funding available through the Barrier Busters Emergency Unmet Needs Fund to provide emergency financial support to low-income immigrant families, including support for housing, utilities, transportation, child care, psychological services and food assistance. It also specifically directs the OCED staff to coordinate with organizations that primarily serve and work with undocumented immigrants to ensure the funds are available to those affected by immigration enforcement, both directly or indirectly.
An earlier draft resolution included a $50,000 budget allocation for those efforts, but commissioners decided against specifying a dollar amount in the version approved Wednesday night. Smith's memo accompanying the approved package still includes an assumption of $135,200 in budgetary impacts, including the $50,000 for Barrier Busters, $75,000 for the Michigan Immigrant Rights Center, and another $10,200 for the OCED for Welcoming America efforts.
The second resolution approved in committee Wednesday night directs the county administrator to contract with the Michigan Immigrant Rights Center to provide community-based trainings and to coordinate and provide legal services for individuals and families for immigration and immigration-related issues, including but not limited to child custody, power of attorney, visas, citizenship or legal resident applications, and detention and deportation actions.
"These funds may be used to coordinate legal services across the county or to provide direct legal support," the resolution states.
"These funds may not be used for criminal defense of any charge that precipitates or is associated with an immigration action."
The third resolution approved in committee Wednesday night declares it is the policy of the county to respect the rights of all people and to provide equal services to all people regardless of appearance, ethnicity, immigration status, manner of dress, national origin, disabilities, physical characteristics, race, religious beliefs, sexual orientation and gender identity or expression.
The policy states no Washtenaw County public servant can ask about the immigration status of any person while acting within their official duties, except under very specific circumstances, such as to comply with validly issued judicial warrants and when relevant to a criminal investigation.
It also states the Washtenaw County Sheriff's Office generally does not engage in federal immigration enforcement except sometimes to support or assist a federal agency when there is a legitimate public safety concern.
The Sheriff's Office tries to be present during immigration enforcement actions by federal law enforcement agencies for the purpose of providing support and connection to necessary social and human services, to ensure the activities are identified as police actions, and to ensure public witnesses during the incident.
"Except as otherwise required by federal or state law, no Washtenaw County department, office or agency shall retain copies of documentation establishing identity, residency, citizenship or immigration status for a period of more than the minimum time required by law," the policy further states.
For the purposes of the new policy, "public servant" is defined as any elected official of Washtenaw County, any member of any county agency, board, commission or other voting body, and any appointee, employee or individual who provides services to the county under grant or contract.
The resolution adopting the new policy calls on the OCED to convene a stakeholder advisory group including members of the public and representatives of county departments, offices and agencies at least annually to consider issues related to the local immigrant community and to make recommendations to the Board of Commissioners for policy improvements or program investments.
In May of each year, each county department, office or agency would have to submit to the county administrator a catalog of the specific circumstances in which it inquires about immigration status and the governing law or policy that requires the inquiry, and the county administrator would have to maintain a section of the county website that communicates the policy.