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Chico Bill of Rights
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911 Aftermath: USA PATRIOT Act,
Executive Orders, and Immigration Law
Operational Impact on the Chico Police
There is no doubt that if we lived in a police state, it would be easier to catch terrorists. If
we lived in a country where the police were allowed to search your home at any time for
any reason; if we lived in a country where the government is entitled to open your mail,
eavesdrop on your phone conversations, or intercept your e-mail communications; if we
lived in a country where people could be held indefinitely based . . . on mere suspicion
that they are up to no good, the government would probably discover and arrest more
terrorists, or would-be terrorists.... But that wouldn't be a country in which we would
want to live."
Senator Russ Feingold (Democrat - Wisconsin)
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Summary
USA PATRIOT Act § 105 (USAPA) provides for the formation of a
Chico-area Joint Terrorism Task Force (JTTF) modeled after the York
Electronic Crimes Task Force; while providing funding for tasks
related to investigating, preventing, and prosecuting terrorism and
related computer and Internet crimes on a regional basis per USAPA §
103 and USAPA § 816.
By its mandates, a Chico-area Joint Terrorism Task Force will engage
in the mission and goals as outlined by the New York Electronic
Crimes Task Force Model and Justice Department edicts; and will
include the terrorism pre-emption activities mandated by the USAPA.
These local impacts could include surveillance of religious and
political organizations, “sneak and peek warrants”, cyber-security
activities that could include pen registers and trace devices on cell
pones and email, Internet user IDs verification, FISA access to records
from bookstores and libraries, and local immigration law enforcement.
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Chico Bill of Rights
Defense Committee Public Hearing Copy
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Chico PD Operational Impacts
1. JTTFs: Local law enforcement agencies, universities, and
corporations will be entering Joint Terrorism Task Force
agreements under the auspices of the federal government.
2. Immigration Law Enforcement: In the aftermath of 911 the
federal government is now entering into agreements with
local law enforcement to enforce civil immigration law
pursuant to the INA and IIRAIRA sections 133 and 372.
3. Surveillance of Chico Citizens: The Chico Police
Department, mandated under USAPA § 105 to join an
FBI-led task force related to fighting terrorism, could be
called upon to engage in more surveillance of local Chico
citizens related to its terrorism pre-emption duties.
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Chico Bill of Rights
Defense Committee Public Hearing Copy
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Joint Terrorism Task Forces (JTTFs) are multi-agency
organizations composed of representatives from federal, state
and local law enforcement agencies, universities, and
corporations deputized by the FBI. JTTF main goal is to fight
domestic and international terrorism. JTTFs are ultimately
supervised by the FBI. The FBI can provide operational funding
and training to members of a JTTF (USAPA § 103).
1. Joint Terrorism Task Forces (JTTFs) Curran, K. 2003
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Chico Bill of Rights
Defense Committee Public Hearing Copy
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Domestic Terrorism Types
•Right Right-Wing: White Supremacists & Militia/Patriot
Groups, Common Law/Sovereign Citizens
•Left-Wing: Puerto Rican Nationalists, Marxist/Leninist
proponents, Anarchists.
•Single Issue: Anti-abortion, Animal Rights, Eco-terrorists
International Terrorism Types
• International Fundamentalists: radical, religious
fundamentalists (Hezbollah; WTC bombing and the 911
attacks…Ramzi Yousef & Usama Bin Ladin).
• Sub-national Groups: (IRA & PLO).
• State Sponsored Terrorists: Groups sponsored by Libya, Iran.
JTTF: Terrorism Types Curran, K. 2003
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Chico Bill of Rights
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• Prevention of terrorist acts is primary goal
• Arrest and prosecution of those planning or committing
terrorist acts maybe a secondary goal to prevention
• Development of predictive, actionable intelligence also an
objective
• To conduct investigations and enforcement operations
• FBI can provide training & funding for JTTF operations
FBI Field Offices and Resident Agencies FBI 2003
California has Four FBI Field Offices: Los Angeles, Sacramento,
San Diego, and San Francisco. The Sacramento Field Office
region hosts Chico FBI Resident Agency office
JTTF: Mission And Goals Curran, K. 2003
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Chico Bill of Rights
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USA PATRIOT Act Directive USAPA Public Law 107-56
USAPA § 105: Expansion Of National Electronics Crime Task
Force Initiative.
“The Director of the United States Secret Service shall take
appropriate actions to develop a national network of electronic
crime task forces, based on the New York Electronic Crimes
Task Force Model, throughout the United States, for the purpose
of preventing, detecting, and investigating various forms of
electronic crimes, including potential terrorist attacks against
critical infrastructure and financial payment systems.”
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Composed of:
•50 Law Enforcement Agencies
•200 Corporations
•12 Universities
• USAPA deployment using the NYECTF law enforcement task
force concept.
•The NYECTF approach includes a consortium of multiple law
enforcement agencies and also promotes participation of
banking, telecommunications, and academic representatives.
JTTFs: The New York Electronic
Crimes Task Force Model Weaver, R. 2002
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Crimes Task Force Model Weaver, R. 2002
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2. Immigration Law Enforcement
• Historically, enforcement of civil immigration law has been
the responsibility of the federal government and not local law
enforcement. NILC 2002
• The 1996 amendments to the Immigration and Naturalization
Act (IIRIRA) did create certain ways for state and local
participation in civil enforcement, under close DOJ supervision,
but did not adopt the broad authorization of unsupervised state
and local enforcement of INA law. MPI 2002
• Since Sept. 11, 2001, the US Attorney General and other Bush
administration officials have issued a series of announcements
that have reversed this policy. NILC 2002
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• September 1996, Congress authorized the U.S. Attorney
General, through the Illegal Immigration Reform and Immigrant
Responsibility Act (IIRIRA) to enter into agreements that
granted immigration law enforcement authority to state and
local governments. Local law enforcement must carry out their
immigration functions at the expense of the state or local
government (IIRIRA §133)
• September 1996, Congress granted the US Attorney General
power through the IIRIRA to authorize state and local
immigration enforcement in emergency situations…”imminent
mass influx of aliens arriving off the coast of the United States,
or near a land border” (IIRIRA § 372)
Immigration Law EnforcementFAIR 2002
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• State and local governments will not be able to take advantage
of the broad grants of authority available under Section 133
unless their laws authorize state and local officers to enforce
federal laws (IIRIRA §133) FAIR 2002
• 1996, DOJ Office of Legal Counsel opinion states that state
and local police lack recognized legal authority to enforce the
civil provisions of immigration law NILC 2002
• 1998, Salt Lake City approaches the INS about deputizing 20
officers to focus on undocumented immigrants, as part of an
effort to fight crime. But the city council abandoned the plan
after an outcry from Hispanic activists worried about ethnic
profiling Sheridan 2002
Immigration Law Enforcement
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Immigration Law Enforcement
• September 2001, Justice Department issues interim regulation
allowing non-citizens to be detained without charge for 48 hours
or “an additional reasonable period of time" in the event of an
"emergency or other extraordinary circumstance.” Shonen & Toner
•Justice Department announces that it has put 1,182, mostly
Middle Eastern or South Asian, into secret custody since 9/11.
Human rights groups believe the total number could be as high
as 2,000. Lewis 2002, Gumbell 2002
Eventually most are released, and few have
been charged with any terrorist acts.
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•December 2001, INS Commissioner sends names of more than
300,000 non-citizens to the National Crime Information Center
(NCIC) database
•March 2002, Commissioner Ziglar announces that the names of
all non-citizens who violated criminal law by failing to depart as
ordered would be entered in the NCIC database. Commissioner
Ziglar indicates that state and local police were authorized to
detain these individuals
•In April 2002 the US Attorney General announces that the
names, photos, and other identifying data of all known or
suspected terrorists would also be entered into the NCIC
database.
Immigration Law Enforcement NILC 2002
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• Law enforcement agencies enforcing civil immigration law
appear to be using the National Crime Information Center
(NCIC)
•According to US Justice Department, the NCIC is the nation's
principal automated information-sharing tool for law
enforcement
•Provides “on-the-street” crime data to over 650,000 local, state,
and federal officials.
•Except for domestic violence civil orders, data in the NCIC
databases principally involved criminal arrests and convictions
National Crime Information Center NILC 2002
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•June 2002, U.S. Attorney General announces National Security
Entrance and Exit Registration System (NSEERS) to track non-
immigrants from Iraq, Iran, Libya, Sudan, and Syria.
•November 2002, the Department of Justice expanded the
NSEERS program to include males 16 years of age and older
from the countries listed above who entered before the earlier
registration requirement went into effect.
• July 2002, US Department of Justice issues regulations under
INA section 103, deputizing state and local police to enforce
immigration laws, if the attorney general declares an emergency
due to a mass influx of aliens
Immigration Law Enforcement NILC 2002
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•U.S. Attorney General indicates that when “federal, state and
local law enforcement officers encounter an alien of national
security concern who has been listed on the NCIC for violating
immigration law, federal law permits them to arrest that person
and transfer him to the custody of the INS.”
•US Justice Department's Office of Legal Counsel states that
this “narrow, limited mission of asking state and local police to
undertake voluntarily—arresting aliens who have violated
criminal provisions of the Immigration and Nationality Act or
civil provisions that render an alien deportable, and who are
listed on the NCIC—is within the inherent authority of states."
Immigration Law Enforcement NILC 2002
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Chico Bill of Rights
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Florida Enforcement AgreementNILC 2002
•MOU signed by Florida and the U.S. in May 2002
•MOU states that its focus is on counter-terrorism and domestic
security goals
•MOU states that local law enforcement will work as part of
Florida's Regional Domestic Security Task Force
•MOU states officers’ immigration-related duties will including
arresting, detaining, and questioning non-citizens
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3. Surveillance of Chico Citizens Nix 2003
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Documenting Surveillance In Chico
Chico Citizens Awareness of Surveillance:
• Testimony of Witnesses subjected to Surveillance,
Photographs and Video-tape of Uniformed and Plain-clothes
Surveillance Operations, Admission of Surveillance Activities
by Surveillance Operatives.
Known Surveillance Locations:
•Peace Center, Peace Vigil 3rd
& Main, Peace Protests,
Congressman Wally Herger's Office
Surveillance Operative Agency:
• Chico PD, Other Unidentified
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Chico Bill of Rights
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Documenting Surveillance In Chico
Surveillance Operative Locations:
• Roof Tops, Pedestrians, Embedded in Crowd, Unmarked Cars
Surveillance Operatives’ Stated Motives For Surveillance:
• Crime Scene Investigations, Potential Litigation Liability
Mitigation, Document Man-hour needs for the Chico Police
Department in Surveillance Database
Surveillance Types:
• Cameras, Video-tape (Others...wiretap, Internet & email,
sneak & peek search unknown at this time)
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Chico Bill of Rights
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USAPA Cyber-Security Assistance (USAPA § 816)
Department of Justice funded $50,000,000 per year to establish
regional computer forensic laboratories
• Assist state and local law enforcement on computer-
related crime
•Do forensic examinations on seized or intercepted
computer evidence
•Training to state/local LEOs and prosecutors on computer-
related crime
•Sharing expertise with state and local LEOs to include
multi-jurisdictional task forces.
USA PATRIOT Act Local Impacts USAPA Public Law 107-56
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Chico Bill of Rights
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Attorney General's Edict for Increased Surveillance of
Religious and Political Organizations (USAPA § 411& §
802)
•Free-speech related activities can now be more broadly
interpreted as “terrorism” Sorenson 2001
•Rescinds anti-COINTELPRO regulations and authorizes the
FBI to monitor and surveil religious groups and political groups
without evidence of wrongdoing
•Opens the door to COINTELPRO operations, which were used
in the past to harass and to intimidate people who disagreed
with the government on such issues as civil rights and the Viet
Nam war Mondics 2002
USA PATRIOT Act Local Impacts USAPA Public Law 107-56
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Access to records and other items under the Foreign
Intelligence Surveillance Act (USAPA § 215)
• Permits the FBI director down to FBI Assistant Special Agent
to seek records from bookstores and libraries of books that a
person suspected of terrorism has purchased or read, or of his or
her activities on a library's computer
• Places a gag order to prevent anyone from disclosing that they
have been ordered to produce such documents.
USA PATRIOT Act Local Impacts USAPA Public Law 107-56
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Sneak and Peek “Warrants” (USAPA § 213)
•May enter without notice to look for, but not seize, evidence
•Notice of search may be delayed if “reasonable cause” the
notice may have adverse result
•No-knock OK.
USA PATRIOT Act Local Impacts USAPA Public Law 107-56
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Pen Registers, Trap And Trace Devices on Internet Use
• Can now track Internet and cell phone use, cell phone ESNs,
IP addresses, email addresses (But not content). USAPA § 216
Easier to Identify Internet Users
• Subpoena can obtain user’s method of payment (credit card
numbers), IPs, and Internet toll records including session times
and duration. USAPA § 210 Hentoff 2001
USA PATRIOT Act Local Impacts USAPA Public Law 107-56
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Attorney General's edict Edict on Freedom of Information
Act Requests FOIA 10.12.01 Memorandum
• Replaced Attorney General Janet Reno's previous guidelines
to agencies for fulfilling FOIA requests, which were to make
allowable discretionary disclosures except where there was
"demonstrable harm”
• Ashcroft assures agencies Department of Justice will defend
decisions not to disclose, unless it lacks sound legal basis
• Enables federal agencies to ignore many FOIA requests for
unclassified information (surveillance database, detainee names,
secret hearings) Grimaldi 2002
USA PATRIOT Act Local Impacts
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Sharing of Sensitive Information USAPA Public law 107-56
• JTTFs provide an operational setting with new roles for law
enforcement, expanding knowledge transfer and promoting
closer relationships (USAPA § 701)
•Information gathered in criminal investigations by law
enforcement agencies can be shared with federal intelligence
services including INS, SS, CIA and FBI (USAPA § 203)
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Questions
1. It is the interpretation of the Chico Bill of Right Defense Committee, that
USAPA § 105 provide Chico with a clear directive to participate in the formation
of a Join Terrorism Task Force (JTTF). Further, since Chico houses an FBI
resident agency; and, as such, is an FBI “hub” it stands to reason that Chico will
serve as a main component of any local JTTF when it is formed; if a Chico JTTF
has not been formed already.
Questions:
a. Is Chico now a member of a Joint Terrorism Task Force?
b. Since the Chico Chief of Police has stated, along with the Chico City
Attorney, that there is no local USAPA operational impact on the Chico
Police Department, does this mean that, as yet, there is no Chico JTTF?
c. Is a Chico area Joint Terrorism Task Force being planned?
d. Can the Chico Police Department enter into a Joint Terrorism Task Force
without notifying Chico City Council?
e. Will Chico City Council be notified if a Chico area Joint Terrorism Task
Force is formed?
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Questions
2. Since USAPA § 103 provides $200,000,000 in FBI funding in years “2002,
2003, and 2004” for activities that support and enhance the technical support and
tactical operations to combat terrorism; and USAPA § 816 provides $50,000,000
to help establish computer forensic laboratories to help assist and train local law
enforcement on computer-related crime.
Questions:
a. Does this mean that operational funding for a Chico JTTF might not come,
in part, from these sources?
b. Since the Chico Chief of Police has stated, along with the Chico City
Attorney, that there is no local operational impact by the USAPA on the
Chico PD, does this mean that there is no Chico PD operational effect as
there is no man-hours being paid by the City of Chico (budgeted man-
hours)?
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3. Since USAPA § 105 provides Chico with a directive to participate in the
formation of a Join Terrorism Task Force; with USAPA § 103 and USAPA §
816 providing operational funding, it is logical to assume that once a Chico JTTF
if formed it will engage in the mission and goals based on the New York
Electronic Crimes Task Force Model; and terrorism pre-emption activities
mandated by the USAPA. Since this is true, local operational impacts could
include man-hour tasks related to surveillance of religious and political
organizations, “sneak and peek” warrants, cyber-security issues including pen
registers & trap and trace devices on cell pones and email, Internet user IDs,
FISA access to records from bookstores and libraries, and local immigration law
enforcement.
Questions:
a. Based on these assumptions, how are these potential invasions of privacy
being reconciled with the individual’s right to privacy under the California
Constitution, which affirms that the protection of confidential or sensitive
information lies at the heart of the right of privacy, and therefore should be
protected?
b. Can the City of Chico Police Department ensure that provisions exist in
any memorandum of understanding with the FBI that individuals working
on the JTTF must abide by California’s constitutional right to privacy and
the Bill of Rights of the United States Constitution?
Questions
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Questions
4. Chico’s Joint Terrorism Task Force would be formed under USAPA § 105, and
modeled after the New York Electronic Terrorism Task Force, which is
composed of “50 law enforcement agencies, 200 corporations, and 12
universities”.
Questions:
a. Because universities are part of New York’s JTTF, would CSU, Chico be
part of any Chico JTTF formed under the USAPA?
5. Any Chico Joint Terrorism Task Force stipulated by USAPA § 105 and funded
by USAPA § 103 and USAPA § 816 would be formed under an agreement
(MOU), and could be composed of other local law enforcement agencies,
corporations, and universities.
Questions:
a. Could local Chico citizen's groups participate in any JTTF agreement or
MOU?
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6. Any Chico Joint Terrorism Task Force stipulated by USAPA § 105 and funded
by USAPA § 103 and USAPA § 816 would be formed under an agreement
(MOU).
Questions:
a. Can Chico citizens request copies of any and all agreements or MOUs or
draft agreements or draft MOUs governing any existing or forthcoming
participation of the Chico Police Department in any current or forthcoming
Chico JTTF, under the California Public Records Act (CPRA)?
Questions
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Questions
7. After examining photographs and hearing testimony of Chico citizens, it is clear
that local Chico activists have been under surveillance; perhaps for many years.
This concerns many Chico citizens as from the 1950’s through the 1990’s the
FBI, sometimes allied with local police agencies, gathered extensive
information about activists protesting United States foreign policy in Central
America and Viet Nam, and infiltrated and attempted to disrupt the civil rights
movement, and spied on numerous other political groups including human
rights and environmental organizations.
Lyon 1990
Because of this issue, California
voters overwhelmingly approved a constitutional amendment incorporating an
explicit and strong right to privacy into the state constitution, specifically to
stop the “proliferation of government snooping that is threatening to destroy our
traditional freedoms.’” White v. Davis (1975) 13 Cal.3d 757, 774. Through this
constitutional amendment, California citizens acted to protect the citizens’ right
to privacy, legitimate political expression, and right of association.
Questions:
a. With respect to past surveillance of Chico citizens, has the City of Chico
acted to protect the rights of its citizens as provided for in the California
Constitution, previous federal laws protecting individual rights, and the
US Bill of Rights of the United States Constitution?
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Questions
8. Chico citizens have been told by surveillance operatives that the surveillance was
being conducted pursuant to crime scene investigations, liability mitigation, and
man-hour assessments related to the Chico Police Department budget. The Chico
BRDC is of the opinion that monitoring and spying on religious and political
meetings and rallies in the absence of reasonable suspicion of a crime are not
permissible activities.
Questions:
a. Is there a written SOP establishing methods and protocols for the
surveillance of Chico citizens?
b. How long has Chico citizens been under surveillance?
c. What crimes, if any, were being investigated at Saturday Peace vigils at
3rd & Main streets?
d. Were any other agencies besides Chico PD involved in surveillance?
e. Is there a list (database) of people that have been under surveillance?
f. Who is on this list?
g. How long is any list kept before it is destroyed?
h. Do Chico citizens have the right to see who is on any list being kept?
i. How is the Chico PD going to ensure that provisions exist in any
agreement or MOU with the FBI stipulating that individuals working on
the JTTF must abide by California’s constitutional right to privacy?
j. Is intelligence data gleaned from local Chico surveillance to be shared with
other law enforcement agencies on the NCIC (USAPA § 203, 701)?
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Questions
9. The Sharing of information between federal intelligence services including INS,
SS, CIA and the FBI is a major concern to Americans, as the 1970’s Church
committee revealed operation CHAOS, a CIA surveillance operation that spied
on thousands of US citizens.
Questions:
a. What protections could the Chico Police Department implement that would
ensure to protect Chico citizens from these kinds of intrusions of privacy
that historically occurred?
Lyon 1990
10. The Illegal Immigration Reform and Immigrant Responsibility Act indicates that
state and local governments will not be able to take advantage of the broad grants
of authority available under IIRAIRA Section 133 unless their laws authorize
state and local officers to enforce federal laws.
Questions:
a. Does the Chico Chief of Police have the discretion to decide whether
Chico would enforce civil immigration law?
b. Could the Police Chief verify whether existing state and local laws
authorize Chico officers to carry out civil immigration enforcement
functions?
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Questions
11. The government is entering information about non-citizens subject to being
deported in an NCIC database that was originally designed for criminal and
terrorism-related information.
Questions:
a. What methods would the Chico Police Department use to separate non-
citizens from criminals and terrorists?
b. Would the lumping together of non-citizens and criminals in the NCIC
divert attention and local resources from the real threats to local public
safety and security?
12. The National Immigration Law Center has filed a request, under the state of
Florida’s public records law, for information about any training on immigration
law to be received by designated officers, on how the immigration enforcement
program specified in the MOU is to operate, and any codified procedures for
filing complaints against actions carried out under the MOU.
Questions:
a. If the City of Chico ever decides to enter into an agreement with the
federal government, agreeing to enforce civil immigration law, could the
Chico PD release such information described above, contained in any such
agreement?
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13. Referring to the Florida MOU allowing local law enforcement to enforce civil
immigration law Cecilia Munoz, vice president for policy for the National
Council of La Raza, stated that concerns about racial profiling have been revived
after Sept. 11. "We get complaints almost every day about people being pulled
out of their cars, being asked to prove they belong in their communities. We are
very concerned this proposal will create more of that.”
Sheridan 2002
Questions:
a. If Chico PD did engage in civil immigration enforcement, should
provisions exist in any MOU with the federal government ensuring that
law enforcement personnel must not participate in racial or ethnic
profiling?
Questions
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14. The U.S. Attorney General has stated that “…if local law enforcement officers
encounter an alien of national security concern who has been listed on the NCIC
for violating immigration law, federal law permits them to arrest that person…”;
with the US Justice Department's Office of Legal Counsel adding “…asking state
and local police to undertake voluntarily—arresting aliens who have violated
criminal provisions of the Immigration and Nationality Act or civil provisions
that render an alien deportable, and who are listed on the NCIC—is within the
inherent authority of states." However, no public legal opinion, substantiating
this position, has yet to be found.
Questions:
a. If Chico Police Department does consider an MOU with the federal
government to begin enforcing civil immigration law, should the Chico
Police Department seek a legal determination, beforehand, whether actions
pursuant to these Justice Department edicts are lawful under local and
California state law; and are clarified under the Immigration Nationality
Act?
b. One of the major issues has been determining the identity of detainees
being held for interminable periods of time without trial. If Chico Police
Department does consider an MOU with the federal government to begin
enforcing civil immigration law, could the Chico Police Department act to
release names of local detainees?
Questions
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15. At this time, it is unclear what types of information regarding immigration
matters are being entered in the NCIC databases. In response to an FOIA
request made by the National Immigration Law Center to the FBI, the FBI
advised NILC that the Attorney General had made the NCIC exempt from
FOIA requests. However, the NILC indicates that the FBI later recanted this in
a phone call.
NILC 2002
Questions:
a. Could the Chico Police Department contact the local FBI for a
clarification on what types of immigration data are to be included in the
NCIC?
16. There are reports that the Florida MOU allowing local law enforcement to
enforce civil immigration law is alarming local and national immigrant
advocates. Advocates fear that the plan could lead to harassment and discourage
undocumented immigrants from reporting crimes. Gustavo Torres, director of
Casa de Maryland, a social service agency states, "This will totally destroy the
relationship that has been built with the police for many years. It's extremely
bad for the Latino community.”
Sheridan 2002
Questions:
a. If the Chico Police Department enters into an agreement to enforce civil
immigration, what steps should the police department take to deal with
potential damage that could be sustained on its law enforcement
capabilities and with the relationships with the local immigrant and
migrant communities?
Questions
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References
1. Curran, K, Special Agent, Dimensions of Terrorism: Assessing the Threat in Iowa,
February 2003, FBI Field Office, Des Moines, Iowa, University of Iowa School of
Public Health, www.public-health.uiowa.edu/icphp.
2. FBI, Sacramento Field Office, 2003, Sacramento Division Map,
http://sacramento.fbi.gov/division_map.htm.
3. Federation for American Immigration Reform, Immigration Law Enforcement by
Local Agencies, April 2002, 1666 Connecticut Avenue #400, Washington DC 20009
(202) 328-7004. http://www.fairus.org/html/04191402.htm
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42. 42
Chico Bill of Rights
Defense Committee Public Hearing Copy
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3
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References