Crowd Packs LI Town Meeting On Police's Immigration Enforcement Policy

SOUTHOLD, NY — A standing-room only crowd packed the Southold Town Recreation Center Thursday for a community informational session, aimed at providing "important and timely" information and education to residents on policing policy.

The meeting was convened after questions arose regarding the town's stance to President Donald Trump's excecutive order regarding mass deportation of immigrants.

"Because we take public safety very seriously, we are here tonight," said Southold Town Supervisor Al Krupski. "We are here to uphold the Constitution. We take our role very seriously."

Krupski welcomed members of the Southold Town board, the Greenport Village board, Mattituck-Cutchogue Union Free School District Superintendent Shawn Petretti, Southold Town Police Chief Steve Grattan, and members of the town's anti-bias task force and police advisory committee, to the meeting.

He reminded that the ABTF's message resonates: "Civility and respect."

Grattan began by pointing out: "It's important to note that our immigration policy has not changed with the change of, and new, administration." Local law enforcement does not have the authority to handle immigration violations; that is a federal issue, he said.

Town police, he said, cooperate with federal agencies and provide assistance, if needed.
Summarizing the police department's immigration policy, with an eye toward clearing up questions, Grattan said the goal is to treat everyone equally and fairly, and with dignity, regardless of immigration status.

"Our goal is for everyone to feel comfortable acting with police officers," he said. No one should be fearful of being reported to immigration authorities, should they need to reach out to the police, if they are the victim of a crime or accident, he said.

"Immigration status should not discourage anyone from reaching out out for help," Grattan said. "Offiers will not ask about immigration unless someone is arrested," or asked to provide identification in a criminal proceeding.

In addition, police officers will not detain someone simply for their immigration or even for an administrative warrant — only if a judicial warrant has been supplied, Grattan said.

If an officer has "reasonable suspicion or probably cause" in regard to an immigration violation, they may detain someone until federal authorities are contacted to verify their status, he added.

Also, a person eligible for release by police should not be detained just to notify immigration authorities, Grattan said.

Police will participate in traffic control and other matters but cannot actively participate in immigration enforcement, he said.

"Proper training is key to officers' understanding of this policy," he said; the policy is routinely updated.

Petretti said he was asked to speak because there have many questions on how schools are handling information, and how the situation would be handled if federal agents or ICE were to "show up at our doors."

Petretti said he was speaking only for his own district but said he was in constant contact with other districts across the North Fork and the policies were similar.

"First and foremost, our registration policy requires only three pieces of information — name, age and residency," Petretti said. Once residency is determined within the boundaries of the district, students are registered, with no question of immigration status.

In the event that federal agencies were to visit the school, the district has directed security and front line staff to request the agent's name, ID, and reason for visit; the security guard would then notify the building principal, who would then notify Petretti's office, he said. Security has been notified not to provide any information about students without express authorization from his office, he said.

Once the federal officials were in his office, he would then ask to see credentials, supervisor's information, and any documentation, including subpoenas, arrest warrants or search warants; that information would need to be confirmed and then legal counsel might be sought, Petretti said.

The district works closely with Southold police and their student resource officers, he said.
Krupsi then added, before readiing questions from the audience: "To me clear, we are trying to communicate with the community on how to conduct ourselves, now and in the future."

The first question asked: "How can we help and protect our undocumented friends from deportation?"

Grattan said any undocumented immigrant arrested for a crime would be fingerprinted; those fingerprints would be shared with federal agencies.

"It's important to abide by the law," Grattan said, adding that as he understands it, present ICE enforcement is focused on finding criminals. "So, if somebody is residing with a known drug dealer or gang member, or someone with criminal tendencies, it would be in their best interest to move out of that residence."

When asked what to do if ICE or a federal official knocked at someone's door, wanting information about their neighbors, Grattan said: "That's a matter of personal preference. If you want to speak to ICE you can, but you don't have to. You're protected by the Constitution."

In the event of a raid, with ICE looking for criminals, Grattan said he didn't know if "it would be best practice to alert the town. I think it could also create hysteria. ICE does not have to give us any head's up at all. It does not have to let local law enforcement know." And in the past, ICE has conducted raids in the area without informing police, he said.

When asked if Southold Town was defined as a "sanctuary city," Krupski said he did not believe the town was defined as such.

A resident asked if an arrest was made of someone on an ICE list, if that person would be transferred to ICE. Grattan said ICE did not share lists with the town.

He said again that immigrants could not be detained in town on an administrative warrant, just a judicial warrant.

New York State Assemblyman Tommy John Schiavoni said that Attorney General Letitia James had posted online, guidance documents in relation to immigration law.

Another question asked how town officials planned to communicate with a "vulnerable community that it is safe to report crimes, go to the hospital, and assist law enforcement?"

"One of the reasons we held this forum is to let the immigrant population know they don't have to fear the Southold Police Department. We are not concerned with their immigration status," Grattan said.

A search warrant is needed for ICE to enter a home or workplace, he added.

On the issue of how local business owners can be protected from the loss of vital workers, Krupski, who owns a farm, said the H2-A and H1-A visa progams were "well-defined. They vetted people coming in. They put a lot of responsibilities on the employers, who had to pay certain wages." But he said those programs were useful. "People could come and seek economic opportunities in a regulated manner, and it would certainly help business owners, but they are federal programs and a federal responsibility." He urged federal representatives to consider those avenues.

When asked about federal or ICE agents entering churches or schools, and whether police could protect ICE "targets," Grattan said those agents couldn't be in schools without warrants, and that churches are private. Church representatives do not have to let them in, and neither do hospitals, he said.

Krupski pointed to town-funded outreach programs for immigrants put in place by Sonia Spar and said if anyone had questions or wanted to learn more about them, they should contact his office.
Grattan said he could put the police department's immigration policy on the town's website.

Krupski thanked all for attending and said he'd welcome emails with any questions.

This week, Southold officials issued a new statement to clarify their stance on the town's policing policy in light of Trump's executive order regarding a plan for mass deportation of immigrants.

"In view of the community's concern surrounding the federal immigration policy, the town wants to send a clear message on the town's role," a release read. "Immigration policies and enforcement remain a federal matter, handled by the appropriate federal agencies, not the Southold Police Department."

The statement continued: "In fact, neither immigration enforcement nor deportation proceedings are legally permissible functions of the police department, unless there are criminal charges pending."

And, the statement said: "As has always been the case, in the event the Southold Police Department is asked by a federal agency to provide support and assistance in their efforts, such as peace keeping or traffic control, they will do so, as the town's historic policy on coordinating with law enforcement has not changed. In support of public safety of our residents and visitors, we will support all law enforcement efforts to remove criminals from our community. The Town of Southold and the Southold Police Department will not obstruct the federal government's efforts to enforce federal law."

The message followed a previous statement put out by Southold Town earlier in the week.

That message read: "Recent activities of the Federal Agency of Immigration and Customs Enforcement, or ICE, have made it important to reaffirm the Town of Southold's long-standing policy on such activities," Krupski and the town board said in the statement. "The town will not assist ICE or any other federal agency in the enforcement of federal laws. The town's police department will focus on maintaining public safety and will continue to treat all residents with respect, regardless of race, national origin, citizenship, or any other matter which may define us."

Councilman Greg Doroski told Patch, earlier this week: "With so much uncertainty related to the impact of the recent executive orders, as police commissioners, the Southold town board felt it was necessary to clarify our long-standing policy. Riverhead Town felt the same."On Thursday, Doroski added: "Our long-standing Southold Town policy has not changed, nor has our commitment to keeping our community safe. Our federal representatives need to cut the BS and fix the immigration system with legislation and resources. Executive orders foster fear and confusion."