Fort Collins council supports measure welcoming immigrants

The city of Fort Collins wants to be welcoming to all people, even if they are here illegally.

After a long discussion, the City Council on Tuesday approved a resolution aimed at addressing the fear some immigrants feel when dealing with public officials, especially the police.

The Community Trust Initiative resolution passed on a 6-0 vote, with council member Ross Cunniff absent.

The resolution is meant to clarify that police and other city employees may not ask residents about their immigration status unless that information is required by state or federal law. Receipt of some public services is limited to citizens and other legal residents.

The resolution also directs City Manager Darin Atteberry to establish a communications effort aimed at addressing concerns within the immigrant community through education, outreach and partnerships with other entities.

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The effort could include a task force that would advise the city manager on policies and practices to follow when working with immigrants.

Council member Ken Summers initially questioned at length the need for the resolution and whether it addressed the underlying issue of residents’ fear of officials. The only way to alleviate that fear “is for someone to not be here without proper documentation,” he said.

But after amending the resolution and working through its language with other council members, Summers voted for the measure.

Mayor Wade Troxell said immigration is a national issue with local implications. The city wants to be inclusive but still must steer clear of being considered a “sanctuary city.”

“I think (the resolution) does represent what’s appropriate for Fort Collins,” he said.

The Center for Migration Studies estimates there are 3,000 to 4,000 undocumented people in Fort Collins, said Jackie Kozak-Thiel, the city’s chief sustainability officer. About 2,500 Poudre School District students are from “mixed status” families.

Council member Kristin Stephens said residents shouldn’t feel they need to live in the shadows.

“We don’t want people to feel afraid to be here,” Stephens said. “These are our neighbors and our friends.”

The issue came to a head in May when members of the Community Trust Coalition proposed an ordinance that would have made inquiring about a person’s immigration status by a city employee a criminal offense.

Supporters said the proposal was not meant to make Fort Collins a sanctuary city. However, action was needed to address fears immigrants without proper documentation feel when dealing with officials.

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Fear of deportation keeps residents from fully engaging in the community, they said. It also prevents them from reporting to police when they witness or are victims of crimes.

In May, the council chambers were overflowing with supporters of the proposed ordinance. On Tuesday, the audience was much smaller and a handful of supporters addressed council.

Cheryl Distaso of the Community Trust Coalition said the city’s resolution did not go far enough in addressing the concerns expressed by the immigrant community. The city’s emphasis appeared to be on educating residents when officials are the ones who need to be informed, she said.

Distaso and others said the task force originally described in the resolution was inadequate.

“We urge you to amend the resolution in front of you, so that the task force … would be convened to directly inform and advise City Council on ways to advance community trust and safety,” she said. “Anything short of this does not promote the safe and inclusive community that we all deserve.”

Current city policy prohibits questioning residents about their immigration status unless it is pertinent, city staff members said.

The resolution rescinded a 2006 resolution requiring police officers to report the immigration status of an arrestee to federal Immigration and Customs Enforcement, or ICE, if probable cause exists that the person is illegally in the country.

The 2006 resolution was in response to a state law requiring such reporting. The law was repealed in 2013, but the city never changed its official stance. In practice, police have not been reporting to ICE.

Deputy Chief Greg Yeager of Fort Collins Police Services said the department has 10 policies that prohibit asking witnesses and crime victims about their immigration status.

Officers enforce local and state law, he said, not federal immigration policy. Yeager said he has had no dealings with ICE in the 23 years he’s been a police officer.

The resolution stated it is not intended to restrict city police officers from “exchanging legitimate law enforcement information” or cooperating with federal, state or local authorities.

In addition to the resolution, city officials have changed personnel policies to address concerns raised by community activists.

City managers have added “citizenship status” as a protected class in anti-harassment and anti-discrimination personnel policies. Protected classes include race and gender.

City employees face disciplinary actions, including dismissal, for violating policies.

Kevin Duggan is a Coloradoan senior reporter covering local government. Follow him on Twitter, @coloradoan_dugg, and on Facebook at Coloradoan Kevin Duggan.

Text of the resolution

RESOLUTION 2017-089

OF THE COUNCIL OF THE CITY OF FORT COLLINS

ON A COMMUNITY TRUST INITIATIVE RESCINDING

RESOLUTION 2006-085 AND DIRECTING THE CITY MANAGER TO

CREATE A COMMUNICATION EFFORT REGARDING IMMIGRANT COMMUNITIES

WHEREAS, the City of Fort Collins recognizes the numerous contributions immigrants have made in making our community a vibrant, dynamic and innovative place for all; and

WHEREAS, fostering a safe environment where all immigrants are welcomed, accepted, and fully integrated into the social, civic, and economic fabric of Fort Collins is a priority for our City; and

WHEREAS, supporting our immigrant community aligns with the City’s strategic objectives to promote a more inclusive and equitable community that embraces and celebrates diversity and to also maintain a welcoming, inclusive community where people feel connected; and

WHEREAS, the City Council wishes to foster communication with immigration populations regarding their contributions and responsibilities and to also provide resources within the community and the City organization; and

WHEREAS, the Council has become aware of reports of non-citizen residents of Fort Collins being fearful to contact law enforcement to report crimes and are hesitating to come forward as victims and witnesses of crimes; and

WHEREAS, it is in the public interest, and within the police power of the City of Fort Collins to promote the general safety and welfare of the community, and to encourage all residents to report crimes and come forward as victims and witnesses of crimes, regardless of their race, ethnicity, national origin or immigration status; and

WHEREAS, Resolution 2006-085, which was adopted to comply with the since-repealed Colorado Revised Statutes Section §29-29-103, required City police officers to report the immigration status of certain arrestees to Immigration and Customs Enforcement; and

WHEREAS, in the interest of community trust, the City Council wishes to repeal Resolution 2006-085 and allow Fort Collins Police Services to follow any internal policies, as changed from time to time, regarding police officer interaction with immigrant communities; and

WHEREAS, the Council wishes to direct the City Manager to establish a communication effort, which may include a task force to advise him, regarding how the City can effectively explain and inform the public about its policies and practices, and engage immigrant communities, to listen to them to understand their fears, as well as address their fears through education, outreach, services, programs and partnerships; and

WHEREAS, nothing in this Resolution is intended to restrict City police officers from communicating, or otherwise exchanging, legitimate law enforcement information, or otherwise abrogate any duty to cooperate, with federal, state or local entities.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows:

Section 1.        That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above.

Section 2.        Resolution 2006-085 is hereby rescinded and repealed in its entirety.

Section 3.        The City Manager is directed to establish a communication effort, which may include a community task force that includes community stakeholders, to develop and implement no later than May 31, 2018, ways for the City to effectively explain and inform the public about its policies and practices, and engage immigrant communities, to listen to them to understand their fears, as well as address their fears through education, outreach, services, programs and partnerships.

Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd day of October, A.D. 2017.