City Council Votes on Immigration and Policing Reforms, Announces Remote Hearings at Courts
Providence, RI – At tonight’s meeting of the Providence City Council, councilors unanimously granted first passage to proposed changes to the immigration sections of the Community-Police Relations Act. The changes aim to better protect Providence residents by allowing the law to function as intended and strengthening accountability measures. The amendments now require one more passage through the full council, with a vote scheduled for November 6. The council also passed a resolution and made a significant announcement relative to virtual court hearings.
“In Providence, we take pride in being a welcoming city where every neighbor deserves to feel safe,” said Councilor Miguel Sanchez (Ward 6), the prime sponsor of the amendments. “Across the country, we’ve seen federal immigration agents bring chaos and trauma into local communities. These amendments make clear that here in Providence, our police will not be part of that harm. Our immigrant neighbors are the backbone of this city, and they deserve safety, dignity, and accountability.”
On Monday, October 6, the City Council’s Committee on Ordinances recommended the CPRA amendments. Following that meeting, the Council office communicated the changes as follows, in five major categories:
Expanding types of prohibited contact between PPD and federal immigration authorities, including ICE
By broadening the legal definition of federal immigration enforcement agencies to include any federal entity tasked with carrying out such activities, the prohibition on cooperation by PPD will include agencies not normally tasked with immigration who have recently been deputized by the Trump administration in order to expand capacity and meet their stated goal of 3,000 arrests per day. The list of prohibited activities will be expanded to include identification verification and translation services, further limiting interactions between municipal and federal law enforcement that could be exploited to harm Providence residents.
The changes would prohibit the Police Department from exercising authority under 287(g) or 103(a)(10) of the Immigration and National Act, which allows municipal law enforcement agencies to be formally deputized and authorized to conduct federal immigration enforcement.
Clarifying prohibited collaboration with federal authorities without a signed judicial warrant
Under the proposed changes, Providence Police will continue to comply with all federally required and lawfully directed actions, as they always have – as long as those directives are accompanied by a valid, signed, criminal judicial warrant. The proposed CPRA changes prohibit police involvement based on civil immigration warrants, an intimidation tool used by federal immigration authorities that carries no legal requirement for compliance by local law enforcement. The amended ordinance clearly lists what exactly is prohibited, including but not limited to:
- Providing information to ICE about arrestees that is not available to the public
- Using any city money, personnel, or resources to assist in the investigation, interrogation, detention, detection, or arrest of anyone for immigration enforcement
- Establishing traffic perimeters or otherwise controlling public areas to assist immigration enforcement
The amendments also allow for student IDs or any other valid photo IDs to be used as acceptable forms of identification.
Establishing protected spaces within the city
The changes expand the CPRA’s definition of “schools” to include charter schools, city-run preschool and early-learning programs, and daycare and after-school facilities. The ordinance then requires those schools, as well as the courts and non-public parts of the public department, to deny access to their premises if immigration enforcement requests entry without presenting a valid judicial warrant. Defining these protected spaces allows families, and especially youth, to have more confidence about their safety while at school or accessing city services. Providence Police, courthouses, prisons, and jails would also be required to designate a person who can independently verify judicial warrants that are presented by federal authorities.
Limiting collection and disclosure of sensitive personal data
To meet their presidentially directed quotas of resident arrests, federal immigration authorities have been demanding more frequent and more specific private personal data from municipal law enforcement. To limit the harm disclosing this data would cause to Providence communities, the proposed changes would prohibit Providence police from collecting demographic data, such as race or ethnicity, via city-operated surveillance technologies such as Flock cameras and services such as the Real Time Crime Center. They would then require that all current and future partner agencies accessing city-owned data agree via formal written agreement to all of the restrictions set forth in the ordinance, including not sharing any data with federal immigration enforcement absent a judicial warrant.
Allowing organizations to hold the city accountable by suing after alleged violations
The proposed changes establish organizational standing in the private right of action. This would allow certain types of non-government organizations, such as civil rights, human rights, and youth organizations, to file civil action against the city, the department, or an officer if they allege CPRA violations by Providence Police. By intentionally broadening the city’s accountability in cases of alleged violation, councilors are sending a clear message that every Providence resident deserves to have their rights protected – and that violations must be accompanied by consequences.
Read the full draft of the proposed changes here.
At the October 6 committee meeting, community members repeatedly requested accommodations for remote court hearings, reflecting concerns in a widely circulated change.org petition. Responding to these concerns, councilors unanimously approved a resolution introduced by Council President Rachel Miller calling on state courts to provide these accommodations. This follows reports of increased ICE presence and detentions in and around state and federal courthouses. Along with the non-binding resolution, the Council President announced that the Providence Municipal Court and Probate Court, which fall under the oversight of the city council, will offer the same accommodation for virtual hearings by request beginning November 1.
“Residents must be able to attend court appointments without fear,” said Council President Rachel Miller. “Providence will lead by example—offering accommodations for remote hearings beginning November 1st at municipal court and probate court so that court remains accessible and safe. I urge our state partners to do the same, especially at the Garrahy Judicial Complex.”
Other notable items from tonight’s agenda include:
- Introduction of a resolution authorizing Mayor Smiley to enter into a lease with WaterFire Providence for the WaterFire Arts Center at 475 Valley Street. The resolution was referred to the Finance Committee.
- Unanimous passage of a resolution introduced by Council President Rachel Miller celebrating Italian Heritage Month.
- Unanimous passage of a resolution introduced by President Pro Tempore Juan M. Pichardo (Ward 9) honoring the Indigenous peoples of Providence and Rhode Island.