Amid rising concerns surrounding the deployment of U.S. Immigration and Customs Enforcement nationwide, the city of Oneonta’s Community Police Board is considering a statement to clarify its stance on local immigration policy, similar to other statements from leaders around New York state.
Carli Ficano, a member of the Otsego Refugee Resettlement Coalition steering committee, addressed the board Monday Sept. 30, citing three occasions in which ICE operated in the city, detaining four people from both the city and the town of Oneonta.
Ficano said the coalition would like to work toward a statement, reflecting those issued in Binghamton, Cooperstown and Utica, regarding interactions between the city police department and ICE.
“Many people are very afraid, regardless of their immigration status,” said Debra Marcus, another steering committee member, said at the meeting. “If they appear to be an immigrant, they are afraid to take the bus, they are afraid to go to work. I don’t know if we can reassure them. That’s what we are looking to you all for.”
The coalition is a group of volunteers, helping those coming into the community with refugee status, or more recently special immigrant visa status with finding housing accommodations, employment opportunities, school enrollment and social services access, Ficano said.
It has worked directly with five families, Ficano added, and indirectly with a few other individuals.
Ficano said the coalition had some requests for the police department, including that detainees interact with the Oneonta Police Department, not another agency. She said it was affirmed that Oneonta detainees are informed “through an interpreter or interpretation service at the time of detention of the alleged crime for which they are being detained.”
They also are informed of their right to an attorney and informed, as soon as possible before transfer, if they will be moved to another agency. She said the coalition felt they had reassurance from the police department that these procedures have been followed.
One unanswered question, she said, was whether the city would be be informed when ICE is coming into the community and of the number of Oneonta residents detained.
Oneonta Police Chief Christopher Witzenburg said he provided his policy to the police board, which is in line with national best practices. The policy is to not immediately contact ICE, especially when dealing with victims. He said while ICE does let him know when they are entering the city, it is a “curtesy I am not willing to let go.”
“If I start broadcasting that they are going to be in town, they’ll just simply stop calling,” Witzenburg said. “You have to understand, they are a completely separate law enforcement entity. As a federal law enforcement entity, they do not have to tell us where and when they are coming, if they’re coming, how many people they are coming with or what they are doing.”
“They operate completely independently of oversight from any local law enforcement,” he continued.
He added that there is an “enormous amount of rhetoric surrounding ICE being in town” at times when they were not present. He said if there is no crime being committed, the city will detain no one.
Later in the meeting, members of the police board reviewed immigration policies in Cooperstown, Utica and Binghamton.
In Utica, a new immigration policy was announced Sept. 10 stating that “officers will not stop, detain, or arrest anyone based solely on immigration status or a civil immigration violation,” according to the city of Utica website. It additionally stated that “immigration status will not be inquired about when providing police services,” except when legally necessary or for criminal investigation purposes.
In the village of Cooperstown, the Board of Trustees passed a resolution at its Aug. 25 meeting stating that the village denounces the detention and impending deportation of law-abiding immigrants. Binghamton Mayor Jared Kraham made a statement Sept. 17 reaffirming that the city police will not partner with ICE.
Police board commissioner Poletta Louis asked if the coalition could draft a statement for the board to discuss. Marcus said the Cooperstown resolution was a good model to refer to.
Vice Chairperson Gregory Fulkerson said the board could forward a copy of the Cooperstown resolution to the Common Council for review. He said the board could make a recommendation as a body that the council adopt the Cooperstown resolution.
Michael Forster Rothbart, D-Eighth Ward, who was in attendance, said Fulkerson could send a copy to the council to begin looking over.
“We do appreciate that OPD has always been supportive, and we have no doubt that you are providing due process,” Marcus said. “It’s those people who showed up wearing masks, without warrants and not showing their identification. That’s what people are afraid of.”