Opening Doors for New Americans since 1882
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures."
What is a 4th Amendment City?
4th Amendment Cities uphold the core notion enshrined in our Constitution that the government cannot detain someone without following established rules and procedures. Towns and cities who have adopted 4th amendment city policies uphold the very best about our country because they will not detain an individual without a warrant from the court signed by a judge.
Immigration and Customs Enforcement (ICE) is a federal law enforcement agency that, among other duties, enforces US immigration law. ICE asks local police departments to “cooperate” by detaining individuals without providing a warrant. 4th Amendment City police will detain individuals for whom ICE has a warrant (including those convicted of a violent felony) but will not detain individuals without evidence that detention is warranted and proper.
Why does ICE ask police to hold individuals?
ICE issues detainers in order to gain custody of undocumented individuals to start deportation proceedings. It is using local police to do their work for them.
Does that mean that dangerous individuals will be released to the streets?
No. Any law enforcement officer, local or federal, who seeks to detain someone who they believe is dangerous can get a warrant to detain that person.
Why become a 4th Amendment City?
In order to uphold the rule of law. A 4th Amendment City is a city that requires warrants before detaining people and sends the clear message that law enforcement can be trusted.
In communities where unlawful detentions fall most heavily on immigrants, immigrants will quickly learn that they should not cooperate with police or they could be unlawfully detained. Detaining individuals unlawfully erodes trust and cooperation between local police and community members which undermines the mission of creating safe communities. Being a 4th Amendment City makes all residents, immigrant and native born alike, feel safe to report crimes.