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Birmingham commission backs police policy limiting local cooperation with ICE to judicial warrants
Summary
After public comment, the commission unanimously adopted a resolution supporting the Birmingham Police Department's position that officers will not act on civil detainers and will only detain people on judicial warrants, and called for clearer public communication of that policy.
The Birmingham City Commission unanimously adopted a resolution March 23 endorsing the Birmingham Police Department's practice of limiting local cooperation with federal immigration enforcement to matters supported by judicial warrants. The vote followed a public briefing by Police Chief Scott Gruy and multiple residents who urged a clear statement from the city that immigrants are protected from local immigration enforcement absent judicial authorization.
Chief Scott Gruy summarized the department's written memo and said the department "will only detain somebody on a judicial warrant. We will not work on a detainer only." He told the commission the department will not enter into a 287(g) agreement with ICE and that officers' responsibilities at a scene are to verify the legality of actions by other agencies and to preserve safety.
Several residents who spoke during the public-comment period expressed relief at the chief's stance and asked the commission to publish the department's written policy so residents and area employers understand the limits on local action. One resident asked whether the commission planned a resolution or proclamation to make the position public; staff responded that the written policy in the meeting packet is the city's official guidance and that a suggested resolution was available for immediate consideration.
A commissioner moved the resolution to support the police department's position and to endorse the department's refusal to work with federal immigration enforcement for the sole purpose of immigration enforcement. The commission took a roll-call vote and recorded yea votes from all members, approving the resolution.
The commission also discussed public education about the policy; several members and commenters urged the city to make the memo and the department's operational guidance prominent on the city website and in outreach materials so residents understand the limits of local authority.
