Police directive: No moving ICE protesters if ‘sole purpose’ is to allow transport of detainees

A new command directive describes how Eugene police are to respond when federal authorities involved with immigration enforcement ask for help during protests at the federal building downtown.

Unlike a general policy on street demonstrations, the directive addresses protests specifically against immigration enforcement given Oregon’s sanctuary law. This law generally prohibits local and state police from assisting with federal immigration enforcement unless a judicial warrant has been issued.

The directive, dated July 7, has the subject line “Guidance for Requests for Assistance at the Federal Building Involving Immigration.” 

It lists steps to take when there is no “imminent” safety threat, making clear that nothing in it will keep officers from “defending against a threat to life or serious bodily injury to any individual.”

But the two-page document, signed by Chief Chris Skinner, puts in writing a hands-off approach to protesters when moving a crowd would be for the “sole purpose” of facilitating the transport of immigration detainees.

Police will “take a report and follow up” if crimes such as vandalism or trespass are reported, the directive states.

Melinda McLaughlin, a spokeswoman for the police department, said Skinner was out of town July 10 when asked about the timing of the new directive. In a statement, she emphasized the department’s support of peaceful assemblies and commitment to following the state’s sanctuary law.

“EPD does not engage in immigration enforcement and remains committed to ensuring that our services are accessible, impartial and grounded in the rights and safety of all members of our community. We support the right to peacefully assemble and will continue to act with transparency, professionalism and integrity,” McLaughlin said.

Criticism of past response

At a street demonstration last week, while Eugene police officers did not use force or attempt to clear away protesters, their quick response to a call for help from federal authorities led to some strong criticism from many at the rally. Federal authorities called for help after protesters blocked a parking entrance to their building.

Several protesters are expected to express their concerns about the police response at a July 10 meeting of the Police Commission. The citizens’ group advises the police chief, city council and city manager on policy and resource issues. The Police Commission will meet today at 5:30 p.m. at the department’s headquarters, 300 Country Club Road.

“We’re planning to put out calls to action for people to go to the police commission meeting this Thursday to ask EPD to clarify their relationship with ICE, what constitutes city resources going to ICE, how they respond when we’re protesting like this,” said Kamryn Stringfield during a demonstration held July 8 at the federal building.

The document, posted on the police department’s website, refers to “a noticeable increase in public demonstrations nationwide related to immigration enforcement” since early June. In Eugene, protesters have announced plans for weekly street demonstrations at the federal building, 211 E. Seventh Ave. in Eugene.

One issue raised by protesters involves how Eugene police responded when a small group of protesters tried to block a vehicle leaving the federal building’s parking lot.

Within hours, Eugene police issued a statement in which they described taking a report of damage to an unmarked vehicle. 

A small group of protesters — perhaps fewer than a dozen — tried to block the vehicle as it lurched forward slowly from the building’s parking lot, according to interviews and some video of the demonstration.

While police initially said the vehicle did not belong to U.S. Immigration and Customs Enforcement, a day later the department released a statement saying that the vehicle, in fact, did belong to ICE.

Stringfield and others have said the police response failed to consider the safety of protesters and that their actions showed a close relationship with ICE.

The unmarked vehicle was “pushing into people,” Stringfield said. Another person who attended the event but said she did not attempt to block the parking lot exit, Kaleigh Bronson-Cook, said, “They drove through the crowd of people. Luckily nobody was hurt.”

Stringfield said that right after the vehicle cleared from the crowd, a person believed to represent federal officers “went over here into this (nearby) parking lot and started talking directly with EPD. And so that was something that was really concerning to us because of these sanctuary city laws, like, why was EPD so close with ICE that day?”

The city council in 2017 adopted an ordinance prohibiting city resources from being used to detect or apprehend people whose only violation of law involves being in the country without authorization, and the Police Commission in a letter last month called for the city council to proclaim it continues to support the ordinance and other past resolutions affirming support for the immigrant community.

The policy

The directive states that if a request for assistance “does implicate immigration enforcement,” approval from a department patrol captain must be granted before assistance will be offered.

McLaughlin, the department spokeswoman, said a patrol captain ranks just below the department’s deputy chief and chief, and is considered a division manager.

If the request for assistance does not involve immigration enforcement, police are to follow the department’s more general policy on public assemblies and demonstrations.

Under a subsection titled, “Limitations on Assistance,” the directive states: “EPD personnel shall not assist in admonishing, dispersing, or physically moving crowds for the sole purpose of facilitating the transport of immigration detainees.”

Also, “[i]f low level crimes such as vandalism or trespass are reported, we will take a report and follow up,” according to the directive. 

The directive also reiterates the city’s commitment to following state law, a local city ordinance and a departmental policy about immigration law: “No EPD resources shall be used in support of immigration enforcement in accordance with (ORS) 181A.826, city ordinance, and Policy 305.”

The directive’s first step — when there’s no imminent threat — is for a watch commander or their designee to “respond and assess from a distance,” with this process to include “if possible” communication with Federal Protective Services.

McLaughlin said Federal Protective Services is in charge of the security of federal buildings.

“It is important to understand why, if EPD is called, they are calling and that they clearly articulate a crime in the city of Eugene,” McLaughlin said in an email, explaining that the federal authority calling for help will “need to understand the laws we will be following.”

The departmental order gives direction about who determines whether the request for help involves immigration enforcement.

“The Watch Commander will assess the situation to determine whether the request for assistance facilitates immigration enforcement, such as the transport of detainees,” the directive states. McLaughlin explained that a watch commander is the shift supervisor for on-duty police officers.

The directive also states that resources such as drones may be deployed “to assist with the assessment if crimes involving the public demonstration are being reported.” On-duty police personnel not in uniform “should not be used for surveillance without prior approval by the Watch Commander,” the directive states.