Gabriel Turbay

Hi,

A political organization live streamed an event to get people involved in their community in regards to mass deportation. We are assigned to ask state officials ( Hudson County, New Jersey) if they are implementing nine policies and rules (ACLU’S 9 model) to protect peoples’ rights.

I wanted​ to know if requesting a FOIA request would be effective in this situation. I copied and pasted the rules

1) TheJudicialWarrant Rule: [County/City/State] officials shall require a judicial warrant prior to detaining an individual or in any manner prolonging the detention of an individual at the request of U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP).

\ #2) No Facilitation Rule: [County/City/State] officials shall not arrest, detain, or transport an individual solely on the basis of an immigration detainer or other administrative document issued by ICE or CBP, without a judicial warrant.<br/> \

\ #3) Defined Access/Interview Rule: Unless acting pursuant to a court order or a legitimate law enforcement purpose that is unrelated to the enforcement of a civil immigration law, no [County/City/State] official shall permit ICE or CBP agents access to [County/City/State] facilities or any person in [County/City/State] custody for investigative interviews or other investigative purposes. \

\ #4) Clear Identification Rule: To the extent ICE or CBP has been granted access to [County/City/State] facilities, individuals with whom ICE or CBP engages will be notified that they are speaking with ICE or CBP, and ICE or CBP agents shall be required to wear duty jackets and make their badges visible at all times while in [County/City/State] facilities. \

\ Protect our friends, families and neighbors’ privacy from the Trump administration: \

\ #5) Don’t Ask Rule: [County/City/State] officials shall not inquire into the immigration or citizenship status of an individual, except where the inquiry relates to a legitimate law enforcement purpose that is unrelated to the enforcement of a civil immigration law, or where required by state or federal law to verify eligibility for a benefit, service, or license conditioned on verification of status. \

\ #6) Privacy Protection Rule: No [County/City/State] official shall voluntarily release personally identifiable data or information to ICE or CBP regarding an inmate’s custody status, release date or home address, or information that may be used to ascertain an individual’s religion, ethnicity or race, unless for a law enforcement purpose unrelated to the enforcement of a civil immigration law.<br/> \

\ #7) Discriminatory Surveillance Prohibition Rule: No [County/City/State] agency or official shall authorize or engage in the human or technological surveillance of a person or group based solely or primarily upon a person or group’s actual or perceived religion, ethnicity, race, or immigration status. \

\ Help our friends, families and neighbors get redress when abuses and mistakes occur: \

\ #8) Redress Rule: Any person who alleges a violation of this policy may file a written complaint for investigation with [oversight entity]. \

\ Help ensure our friends, families, and neighbors are protected from discrimination: \

\ #9) Fair and Impartial Policing Rule: No [County/City/State] official shall interrogate, arrest, detain or take other law enforcement action against an individual based upon that individual’s perceived race, national origin, religion, language, or immigration status, unless such personal characteristics have been included in timely, relevant, credible information from a reliable source, linking a specific individual to a particular criminal event/activity. \

\ Final Note: The Trump Administration has asserted, falsely, that if localities do not help advance Trump’s mass deportation agenda, they are violating federal law. The following rule, which is the only applicable federal law in this area, would help ensure your city, county or town establishes its clear intent not to violate federal law. While not a necessary addition, this rule may be a useful complement to the above policies. \

\ 1373 Rule: Under 8 U.S.C. § 1373 and 8 U.S.C. § 1644, federal law prohibits [County/City/State] officials from imposing limits on maintaining, exchanging, sending, or receiving information regarding citizenship and immigration status with any Federal, State, or local government entity. Nothing in [County/City/State] policies is intended to violate 8 U.S.C. § 1373 and 8 U.S.C. § 1644.

Thank you.

Jack R-W

You can use a request to find documents. If you request all written policies, you will get them. You can also try for emails using keywords to see if these policies have been spoken about.

Gabriel Turbay

You mean requesting emails from the mayor, for example? I saw someone here requesting emails from a mayor for specific times relating to mass deportation.

Thank you.

Jack R-W

Yes, the mayor would work. Anyone involved in the policy discussions would be fine.

C. Scott Ananian

https://www.muckrock.com/foi/brookline-4/secure-communities-36012/ might be a start. Request written policies from your local police department. In our case here in Brookline, that turned up a “Special Order” implementing the Secure Communities (ICE cooperation) policy. A follow-up request then asked for all information about this special order.

OTOH, FOIA requests are (in my experience) a great way to get information and leads, but they are often handled by bureaucrats not decision makers. Finding the actual people involved (mayor, police chief, etc) and starting a dialog about the policies is probably a better way to effect change, if that’s what you’re after. But FOIA is a great way to find out background information.

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