Helena Commission votes 4-1 to limit HPD work with federal immigration agents

As the national debate over immigration enforcement’s role in public safety grows, Helena on Monday made its own stance after months of local outcry: Helena police will not help federal immigration agents unless legally required.

At a Jan. 26 meeting that saw more than 300 attendees spilling into three overflow rooms and the hallway, the Helena City Commission voted 4-1 to approve a resolution to limit the Helena Police Department’s work with the U.S. Department of Homeland Security, which houses Immigration and Customs Enforcement and Customs and Border Protection.

It comes half a year after a Helena resident was detained by ICE after an HPD traffic stop.

The resolution formally states the City Commission would not support a 287(g) agreement, which enables local law enforcement to enact and aid in ICE missions. Commissioners stressed local enforcement should focus on the local jurisdiction.

The resolution instructs HPD to not disclose sensitive information, such as an arrested person’s immigration status, to anyone outside city government unless required by law or a valid court order. Helena police also wouldn’t assist in detaining people solely based on their immigration status.

Although public commenters appreciated the majority of the resolution, many took issue with an early draft’s Section 4: a policy in which HPD will “attempt to request the identification and unmasking” of DHS agents but will “not otherwise interfere.”

Commenters asked for a stronger push to unmask federal agents to preserve public safety, as many federal agents involved in DHS operations across the country have donned masks and not worn badges identifying themselves. Many commenters also pushed for HPD to note perceived race to document racial profiling and to track what data is exchanged between local and federal officials, calling for annual reports.

However, City Attorney Rebecca Dockter advised against the latter two edits, saying they’d be redundant, vague or put too much added responsibility upon city police.

Commissioners voted 3-2 to approve an edit, which supports HPD requesting federal agents unmask at the officer’s discretion. City Commissioners Melinda Reed and Julia Gustafson were the votes against. Reed supported the change but advocated for different language.

Reed also moved in favor of amendments requiring the posting of racial profiling data online and tracking of data exchanged between law enforcement, but the motions failed in a 3-2 vote. Mayor Emily Dean and City Commissioners Sean Logan and Ben Rigby voted against it.

The decision comes just days after Minneapolis man Alex Pretti was killed by U.S. Border Patrol in the midst of an altercation, the latest in a series of incidents between citizens and federal immigration agents.

On Jan. 7, Renee Nicole Good was shot and killed by an ICE agent in Minneapolis, prompting a nationwide debate over whether the ICE agent killed an innocent woman or the agent was defending himself against someone using her vehicle as a weapon. A vigil was held for Good in Helena.

Later, federal immigration agents shot two people in Oregon, injuring them.

In Helena, resident Christopher Martinez was detained by ICE after an HPD traffic stop last July. He was not a United States citizen and later voluntarily left the country.

But his arrest kicked off the local push against HPD-ICE cooperation, yielding hours of public comment at city meetings. During the municipal election season, a forum asked candidates about their views on HPD working with immigration enforcement.

On Jan. 1, HPD officially withdrew from the Missouri River Drug Task Force after the task force adopted Border Patrol into its roster. Police Chief Brett Petty said he wanted to avoid aiding immigration enforcement. Many public commenters at Monday's meeting thanked Petty for his work on the resolution and for pulling out of the task force.

Protesters chanted and sang outside the City-County Building an hour before the Jan. 26 meeting. More than 300 people came with signs criticizing the Trump administration’s immigration crackdown.

At the meeting, public attendees flooded the Commission chambers, three overflow rooms and the hallways, several bearing signs from the protest. Ropes were set up to direct a lengthy public comment line.

More than 70 public commenters spoke in favor of the resolution, ranging from medical professionals to former city officials and immigrants.

Most pushed for the Commission to adopt the full suite of offered amendments. Some commenters said HPD collaboration with federal immigration agents takes away from local resources and causes a loss in community trust, which can make people hesitant to call for emergency services.

“I’m up here for my friends, my family and people in more danger than myself,” high school student Kumari Leland said, who described herself as biracial.

Four public commenters spoke against the resolution, who said they felt immigration enforcement was necessary for public safety and didn’t want to pit law enforcement agencies against each other.

One commenter stated the majority of Montanans voted in favor of the Trump administration and therefore supported his hard stance on undocumented immigrants.

On the final vote, the Commission passed the resolution 4-1, with all but Commissioner Logan voting in favor. The chamber audience launched into applause.

Commissioner Logan said he supported the spirit of the resolution but did not want to compel HPD to request federal agents identify themselves, stating it could put HPD in danger of facing federal obstruction or interference charges.

Commissioners Reed, Rigby and Gustafson thanked the public for their engagement.

Mayor Dean reflected on her time as a teacher in Texas, working with undocumented children. She said the tactics of federal agents have “only sown more chaos and division" and thanked HPD for its diligence.