Clawson council adopts proclamation directing police not to assist ICE in civil enforcement

Clawson — The Clawson City Council voted Feb. 17 to adopt a proclamation instructing the Clawson Police Department not to assist U.S. Immigration and Customs Enforcement (ICE) in civil immigration enforcement activities except when a valid judicial warrant or other legal mandate exists. The measure passed after extended discussion about the proclamation’s legal heft and its relationship to the city’s contract with the city of Troy.

The proclamation, read aloud by Mayor Susan Moffitt, says the council “instructs the Clawson Police Department not to engage in activities that assist ICE and civil immigration enforcement,” including detaining people solely on an administrative request, participating in joint task forces, questioning immigration status absent legitimate law-enforcement purpose, and sharing nonpublic custodial information without judicial process. The text also reaffirms that the department must comply with valid judicial warrants and applicable state and federal law.

The debate centered on two limits: first, whether the proclamation would improperly direct day-to-day police operations; and second, whether the city’s intergovernmental arrangements — specifically booking and jail services provided through Troy — constrain local policy choices. City Attorney Noushay told the council he revised the draft language to soften directives and to avoid language that would conflict with contractual obligations. “We softened the language…keeping in mind the contract in place for booking and jailers with the city of Troy,” he said during the discussion.

Police Chief Baus told the council he had not been contacted by ICE and that the Clawson department does not participate in federal task forces or a 287 agreement. “We do not participate in federal task force. We do not have a 287 agreement, and we do not enforce civil immigration,” the chief said, adding that if ICE did operate in the city, the department would “respond to calls for assistance to ensure the safety of all individuals involved” but would neither assist nor impede lawful federal actions.

Residents urged council to act. Jamie Gilles, a Clawson resident, said a recorded council vote would “provide clear administration direction and ensure the public record reflects the council’s intent,” and recommended the council obtain an outside legal risk assessment before action. Gilles told the council a municipal review could be done quickly and at modest cost.

Council members were divided on whether a proclamation or a joint statement with police would better reassure residents. Council member (speaker 16) characterized the action as urgent, saying residents want assurance that “your own police department has your back.” Several members said a clear written statement would help close a communication gap between police and immigrant residents.

The proclamation passed on a roll-call vote (mixed yes/no). After adoption, Mayor Moffitt read the final approved language and directed that a copy be transmitted to the Clawson Police Department for review and implementation. The chief offered to prepare a public statement summarizing the department’s practices for staff and residents.

Next steps: the council transmitted the proclamation to the police department and directed staff to ensure the document and any companion statement are available to residents seeking clarity about local enforcement policy.

(Reporting note: direct quotes and attributions come from the Feb. 17 council meeting transcript; the proclamation text was read aloud by Mayor Susan Moffitt.)