Providence officials are slowing down the process of passing an ordinance that seeks to codify protections for immigrants who lack legal status to be in the U.S. The change of course comes in response to a slew of executive orders this week from the federal government and threats to prosecute local officials who resist federal immigration enforcement measures.
The amendments were first introduced by Councillor Justin Roias in a meeting last week. If passed, they would add language to a pre-existing ordinance called the “Providence Community – Police Relations Act” that helped cement Providence’s status as a sanctuary city during the last Trump administration.
Among the suggested changes are amendments that prohibit local law enforcement from “proactively” providing federal law enforcement agents with information that could lead to legal actions against someone who is in the country without documentation when the agents don’t have a judicial warrant.
Under the proposed change, police could still offer information about immigrants who lack legal status who have also committed felonies. The amended language would also prohibit people who run Providence schools, places of worship, health facilities and courts from allowing federal immigration agents on their property without a judicial warrant for the purpose of prosecuting immigrants for being in the country without documentation.
Roias says he wants to delay pursuing the changes to consider whether the amendments could have the opposite effect of what supporters initially intended.
“There is a school of thought out there that I share as well, that being mindful of not becoming a target and having ICE double down on our city if we’re seeking to strengthen an ordinance already that has made us a sanctuary city,” said Roias.
Josh Estrella, a spokesperson for the mayor’s office, said the city’s legal department is reviewing the proposed ordinance changes along with the mayor’s administration, but that for the time being, the city is committed to not using local law enforcement to punish residents who are in the country without legal status.
“Mayor Smiley has affirmed that the Providence Police Department will not and should not be immigration officers. The City has not and will not proactively collaborate with ICE to provide information and will not change this policy,” said Estrella in a prepared statement.
Governor Dan McKee also told The Public’s Radio that the state will not prosecute immigrants who don’t have documentation unless they have also committed a crime.
Roias said he is planning to meet with the Rhode Island chapter of the American Civil Liberties Union to discuss this, as well as city lawyers, the mayor’s office and the Latino Policy Institute.
Steven Brown, the executive director of the ACLU of Rhode Island, thinks it’s reasonable for the city to take some time to review these proposed amendments to city sanctuary laws, but that it should do so with the intention of passing them eventually.
“A policy of practice can be changed on a moment’s notice. It can be subject to varying interpretations, but if you enact it into ordinance, it provides much better protection overall,” he said.
Brown said the ACLU of Rhode Island is working on suggested language for Rhode Island municipalities to pass into local ordinances to strengthen their protections for immigrants.
Brown also expects that there will be legal action against the memo in which the federal Department of Justice is threatening prosecution.
“Whenever there is actual action taken by the administration to punish a municipality for providing lawful protection to immigrants, I’m sure you will see lawsuits brought,” Brown said.
