CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – Charlottesville City Council unanimously passed a resolution, a letter to Virginia Congressional delegation and Virginia’s top statewide leaders, and guidance by City Attorney John Maddux about city employee conduct with ICE in response to last month’s deaths of two U.S. citizens, shot by ICE agents in Minneapolis, during its Monday meeting.
Renee Good, mother of three, and ICU nurse Alex Pretti were fatally shot by U.S. Immigration and Customs Enforcement (ICE) agents in less than three weeks last month. On Monday, the Hennepin County Medical Examiner posted to the county medical examiner’s public data base that Pretti died by homicide.
During the public comment sections of recent City Council meetings, Charlottesville residents have voiced concerns over the actions of ICE. Councilor Lloyd Snook echoed many of those sentiments Monday, with harsh statements against President Trump during a lengthy response to Mayor Juandiego Wade’s request for the thoughts of council members before they voted .
Snook quoted a work by the English poet William H. Auden, entitled “Sept. 1, 1939,” a piece Auden wrote in response to the news that Germany had invaded Poland.
“‘All I have is a voice to undo the folded lie, the lie of authority,'” Snook said. “I think we were all astounded, appalled, outraged by the killings of Renée Goode and Alex Pretti.”
He went on to recount statements and acts by Trump, such as stating he would only be dictator for a day, pardoning those convicted of crimes on Jan. 6, and promising a mass deportation.
“Make no mistake, he was saying the quiet parts of his plan out loud,” Snook said. “And on the question of immigration, when Donald Trump talked about deporting 12 million undocumented people, we were told, ‘Oh, he would never be able to do that. He’s only going to be going after the worst of the worst.”
“Well, we’ve seen what that means in practice. 78%of those being deported have no criminal records at all. ICE is going after construction workers and restaurant workers and five-year-olds. And in deciding that Trump didn’t actually mean what he was saying, we ignored Maya Angelou’s advice. ‘When someone shows you who they are, believe them the first time.’
“As we protest, non-violently, but insistently, persistently, let us reaffirm the dignity of every person. Let us also remember Auden’s ultimate suggestion, that we must love one another or die.”
“And whereas the city of Charlottesville seeks to be a city where everyone thrives, and where Charlottesville is a diverse and inclusive community that values fairness, equal protection under the law, the respect for the dignity and humanity of all persons;
“And whereas the city of Charlottesville seeks to be a welcoming community, including being welcoming to immigrants from other countries;
“And whereas recent immigration enforcement actions undertaken by federal authorities, including actions that have resulted in a serious injury or loss of life, have generated widespread public outrage regarding civil rights, accountability, and the appropriate use of action, use of force, and such;
“And whereas such actions, regardless of the ultimate outcome of any investigation, can profoundly affect public trust, communities, cohesion, and the willingness of residents to engage with the local government and public safety;
“And whereas the city recognizes that immigration enforcement is a federal responsibility, and that the city has no authority or responsibility to regulate, direct, or control the operation of the U.S. Immigration and Custom Enforcement or ICE or other federal agencies;
“And whereas the city council nevertheless retains the authority and responsibility to speak on matters that affect the safety rights and trust of the Charlottesville community to advocate for constitutional protection and humane treatment for all persons, therefore it be resolved by the council of the city of Charlottesville:
“One, expression of condemnation and grief:
“Charlottesville mourns the loss of life caused by recent immigration enforcement actions. The city unequivocally condemns any enforcement tactics that needlessly endanger human life, disregard basic dignity, and erode the rule of law;
“Two, affirmation of community values and practices:
“The city affirms its commitment to constitutional protections, equal treatment under the law, and the humane and respectful treatment of all individuals within the community. Charlottesville rejects the normalization of fear, secrecy, and violence as tools of governance;
“Public safety must never be achieved through terror, humiliation, or the abandonment of due process. Peaceful protest is an American right and not a valid target for federal action;
“Three, public safety and community trust:
“The city finds that in the context of federal immigration enforcement, practices such as concealing an official’s identity, operating in plain clothes, using unmarked vehicles, failing to clearly and promptly identify their authority, or engaging in confrontational tactics without clear legal justification create an unreasonable risk of violent escalation;
“Moreover, tactics that deny persons access to basic human needs and rights guaranteed by the Constitution, such as operations aimed at schools, medical facilities, courthouses, and houses of worship, run counter to the American spirit and should not be tolerated. Such practices do not merely undermine community trust;
“They place residents, bystanders, and the officers themselves in immediate danger and are incompatible with principles of transparent, accountable policing. Charlottesville police officers do not hide their identities. Charlottesville police officers activate their body-worn cameras when working in the community;
“Charlottesville police officers have been trained to de-escalate confrontations. Charlottesville police officers receive extensive training on how to protect the constitutional rights of all persons. The city is proud of its police department’s commitment to building trust with all residents, including through its longstanding practice of not collecting or maintaining information about a person’s immigration status, recognizing that community trust is essential to public safety;
“Four, federal immigration authority:
“The city recognizes that federal immigration enforcement authority is derived from federal statute and limited by the United States Constitution, and that unless the city and ICE enter into an agreement under section 287G of the Immigration and Naturalization Act the city has no responsibility or authority to enforce immigration laws. Federal law does not generally authorize immigration officers to stop vehicles, enter private property, or take enforcement actions absent lawful authority supported by probable cause and, where required, a judicially issued warrant;
“Moreover, the city finds that immigration enforcement actions aimed at schools, medical facilities, courthouses, and houses of worship, while potentially legal, are unduly disruptive to the community’s well-being and wrongfully interfere with human dignity and rights granted by law. The city rejects enforcement actions that exceed or evade these legal limits and find that such actions erode public confidence, destabilize communities, and undermine legitimacy of lawful authority itself.
“Five, call for transparency and accountability:
“The city urges federal authorities to conduct thorough, independent, and transparent investigations into incidents involving the use of force in immigration enforcement and to make findings available to the public to the extent permitted by law. The city further calls on federal agencies to immediately reevaluate and discontinue tactics that conceal identity, obscure authority, or rely on fear and force rather than clear legal process.
“Six, the city recognizes that certain tactics now commonly employed in federal immigration enforcement, even when authorized or condoned by federal officials, can place federal officers at risk of physical harm, legal jeopardy, and moral injury:
“The city further finds that enforcement practices that obscure identity, that rely on fear created by ambiguity, or that prioritize displays of force over clearly bounded legal authority dehumanize community members while entangling federal personnel in operations that serve political objectives rather than public safety.
“Seven, limitation on scope and authority:
“This resolution is intended solely as an expression of the values and concerns of the city as expressed by its current city council.
“Nothing in this resolution is intended to direct the city manager or city staff to interfere with lawful federal activities or to alter any existing legal obligations or authorities.
“Eight, communication to federal and state officials:
“The city council as a body will communicate with Charlottesville’s representatives in the United States Senate and House of Representatives, as well as Virginia’s governor and attorney general to convey the city’s concerns regarding federal immigration enforcement and to request they exercise their respective authorities to promote transparency, accountability, and adherence to constitutional and statutory protections through any means possible, including appropriate legislative action.”
The letter was delivered to both U.S. Senators Mark Warner and Tim Kaine, 5th District Congressman John McGuire, Governor Abigail Spanberger, and State Attorney General Jay Jones from Mayor JuanDiego Wade saying, “On behalf of the City of Charlottesville, I write to express deep concern about recent federal immigration enforcement actions and to respectfully request greater transparency, clearer standards, and meaningful accountability for the conduct of federal officers operating in our communities.”
Wade wrote, “Federal enforcement that is perceived as unaccountable or unnecessarily aggressive undermines trust, weakens community cooperation, and ultimately makes all of us less safe. We believe that clear standards, meaningful oversight, and transparency serve both the public and the dedicated professionals tasked with enforcing the law.”
The guidance from Maddux said, “Federal agencies, including U.S. Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HSI), may sometimes seek access to City facilities, City records, or City employees in connection with immigration enforcement activities. This document explains the basic legal framework that governs those interactions and provides
practical direction to City employees.”
“It is intended to:
1. Ensure City staff respond lawfully and consistently.
2. Protect the City’s legal interests.
3. Respect the authority of federal agencies while also respecting the legal limits on that authority.
“This document does not adopt or rely on any “sanctuary” policies. It reflects generally applicable constitutional and procedural principles that apply to all government entities. This guidance has
been reviewed and approved by the City Manager, and carries the weight of City policy.”
The resolution and guidance calls on local authorities not to “obstruct or interfere physically” with ICE actions.
