Oakland County’s top law enforcement official is warning federal immigration officers that she will hold accountable those who take part in lawless actions, while the county’s commission has approved a resolution restricting federal immigration agents from operating on county property and their use of face masks.
Amid concern over U.S. Immigration and Customs Enforcement (ICE) opening an office in Southfield, Oakland County Prosecutor Karen McDonald said the presence of ICE in the Oakland County city will heighten fears many already have of immigration agents.
“I want to remind everyone in Oakland County that you are entitled to basic constitutional rights, including the right to be free from unlawful arrest, regardless of immigration status,” McDonald said in a statement released by her office on Tuesday, Feb. 17, on the presence of ICE in Southfield. “I am committed to working with Oakland County’s local law enforcement to ensure everyone’s rights are protected and that allegations of lawlessness — including by federal officers — are fully and transparently investigated by independent authorities.”
McDonald added: “As Oakland County Prosecutor, I will hold anyone who breaks the law accountable, no matter who they are. No one is above the law.”
On Thursday, Feb. 19, the Oakland County Commission voted 12 to 4 to approve a resolution titled “opposing civil immigration enforcement activities by Immigration and Customs Enforcement … and related federal agencies within Oakland County owned or operated facilities, and opposing the use of face coverings that conceal officers identities during civil immigration enforcement.”
McDonald’s comments appear to be the strongest statement so far among local law enforcement leaders in metro Detroit against any unlawful activity by ICE agents. The presence and actions of some federal immigration officers in Minnesota, which resulted in two deaths of protesters, have renewed concerns in recent weeks. The statement by McDonald, a Democrat who is running to be Michigan attorney general, echoed a statement released two weeks ago on Feb. 4 by Michigan Attorney General Dana Nessel. Expressing concern about the actions of some federal immigration agents, Nessel said she “will not tolerate harmful, illegal actions against our residents, and I will not hesitate to uphold the law. That includes investigating unlawful actions perpetrated by a federal officer in our state.”
ICE did not respond to the Free Press for comment on McDonald’s statement.
It’s unclear whether local prosecutors may have the authority to take actions against federal agents. After an ICE agent fatally shot Renee Good in Minnesota, Hennepin County Attorney Mary Moriarty said: “There is no absolute immunity for ICE agents who violate Minnesota law. The Supremacy Clause of the United States Constitution does not erase state criminal law.”
But some attorneys and legal precedent say a previous Supreme Court decision could make prosecuting ICE agents difficult, Politico reported. Republican leaders in Michigan have been pushing back against Democratic criticism of ICE, expressing support for the federal agency.
Other Oakland County officials, U.S. Rep. Rashida Tlaib, D-Detroit and some faith leaders in Southfield expressed concern this week about ICE at a press conference on Tuesday, Feb. 17, near where the planned ICE office would be. In a new statement sent the same day in response to the press conference, Southfield-based Real Estate Development and Investment Company (REDICO), which signed a lease with General Services Administration for the new ICE office, said “the terms of the lease explicitly prohibit any law enforcement, detention, or similar activities from occurring at the property. Should the terms of the lease be violated, REDICO is prepared to fully enforce the agreement.”
REDICO said it’s been part of Southfield since 1967 and is open to meeting with Tlaib to address any concerns, saying “transparency and accuracy are important to us.”
“Our families are part of this community and we remain deeply invested in its safety, stability, and long term success,” REDICO said. “The safety and security of our tenants, employees and neighbors remain our top priority.”
In addition to voting to restrict ICE from operating on county property, the Oakland County Commission voted 12 to 5 to support three state House bills that would protect immigrant communities and include some restrictions on the activity of immigration agents, such as banning the use of face masks.
“We don’t want ICE here,” County Commission Chair Dave Woodward said Thursday. “What ICE is doing is a travesty.”
But some Democrats on the commission who support immigrant rights criticized the resolution for being a toothless effort that doesn’t require any action by the county.
“We are continuing to pass the buck and outsource our responsibilities to Lansing,” said Commissioner Kristen Nelson, who voted against the resolution, calling the vote to support the Lansing bills “an avoidance tactic.”
Some Republicans who voted against the Democratic-led resolutions that passed Thursday voiced objections.
“I’m for legal immigrants, not illegal,” said Commissioner Christine Long, a Republican. But she acknowledged that ICE may have made mistakes.
“I’m not saying that ICE is doing everything properly,” Long said. “Should they be reformed? Yes, I agree. … I think it’s tragic that people got killed protesting.”
McDonald expressed concern in her statement about youth being targeted.
“The escalation by federal immigration officers in U.S. cities has created fear and uncertainty for public school officials, community leaders, and residents,” McDonald said. “It’s why I have provided guidance to school districts on how to protect students and the importance of knowing your rights. ICE’s presence in Southfield will only heighten that fear.”
Meanwhile in Wayne County, more protests are planned for later this week about ICE plans to open a detention center in Romulus. On Thursday, elected officials including U.S. House Rep. Debbie Dingell, D-Ann Arbor, and activists held an online press conference denouncing the plans for Romulus.
(This story was updated to correct the vote total on the Oakland County Commission resolution.)
Contact Niraj Warikoo: nwarikoo@freepress.com
This article originally appeared on Detroit Free Press: Oakland County prosecutor vows to hold ICE agents accountable
Reporting by Niraj Warikoo, Detroit Free Press / Detroit Free Press
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