Denver's Local Law Change Benefits Immigrants

Samantha Schmidt, Washington Post, May 24, 2017 - "As the Trump administration’s war on “sanctuary cities” heats up, cities have come up with increasingly creative ways to fight back. The latest example comes from Denver, which just passed a law aimed at protecting legal immigrants from being deported for committing relatively petty crimes, those carrying maximum sentences of 365 days — the federal government’s tripwire for kicking people out.

The city’s solution? Simply take a bunch of those relatively petty offenses and reduce the maximum penalty to less than 365 days. Just like that, the move takes the crimes (and their perpetrators) off the radar of immigration authorities.

It’s not a novel approach to protecting immigrants, but coming as a direct response to President Trump’s crackdown, it’s particularly timely.

The action does not affect more serious crimes and does not protect undocumented immigrants. Under federal law, an immigrant living in the United States legally can be deported for committing a low-level crime, like shoplifting or trespassing, as long as that offense carries a potential sentence of one year.

This means that even someone living in the country with a green card or student visa can be flagged to immigration officials — and deported — for such misdemeanors.

Tens of thousands of legal residents have been deported for relatively minor offenses in recent decades. But under previous administrations, immigration authorities have often let low-level offenders off the hook. Now, under Trump, immigrants feel the threat of deportation more than ever, advocates say, whether they are residing here legally or not.

The proposal passed Denver’s city council Monday night. In making the change, Denver is sending a clear message to the federal government that it will not “bend to a broken immigration system,” said the city’s mayor, Michael Hancock, who proposed the sentencing revisions. They will help “keep families together by ensuring low level offenses, like park curfew, are not a deportation tool,” he said."

Mayor Hancock Statement on Sentencing Reform - "This ordinance takes two critical steps. One, it helps to keep families together by ensuring low level offenses, like park curfew, are not a deportation tool. With this ordinance, we will ensure punishment fits the severity of the offense -- not just for our immigrant communities but for all our people including those experiencing homelessness. Two, for the first time in Denver’s history, the city will be able to act swiftly to prosecute those who commit hate crimes. Together, we are sending a clear message that we will not sacrifice our values or bend to a broken immigration system.

"Over the past four months, the White House has issued a series of executive orders that have exacerbated our broken immigration system and have had a real impact on our community. I have heard from many who are rightfully concerned. Denver is committed to taking actions that will protect our people’s rights and keep our city safe, welcoming and open.

"This is not about shielding violent people and I will not play political games with the safety of our community. This is about protecting the rights and livelihoods of our people and I will make every effort to take well-thought actions to protect all our people and their families – that will always include immigrants and refugees in Denver, Colorado.”