LEWISTON — The City Council on Tuesday approved an amendment making permanent an ordinance limiting city staff cooperation with federal Immigration and Customs Enforcement agents. 

The council first approved a temporary emergency ordinance Feb. 17 to bridge the gap before a new state law takes effect later this year limiting cooperation between federal immigration authorities and state, county and local law enforcement agencies. 

The permanent version, since amended, replaces that temporary measure ensuring all city employees, not just law enforcement, are limited in their cooperation with federal immigration enforcement.

The distinction, some councilors said, is necessary to protect the city from any potential legal liability from how federal immigration operations are conducted.

When councilors took up the effort to make the ordinance permanent, debate centered around a specific piece of language in the ordinance — whether city employees are limited to cooperating in activities that are either “authorized” or “required” by law. 

During the crafting of the original temporary ordinance, Council President David Chittim of Ward 6 consulted with Lewiston Police Chief Carly Conley. Conley requested the “authorized” language remain. However, councilors ultimately amended the language to “required,” arguing that it reduces legal ambiguity.

“If a federal immigration agency calls up a city employee and asks for their help on an immigration action or they ask for data regarding immigration, that is legally authorized,” said Ward 3 City Councilor Scott Harriman. “That’s why this ordinance is proposed.”

Ahead of the vote, Bret Martel of Ward 7 pointed to a letter submitted by Lewiston Police Chief Carly Conley that illustrated frustrations with the language change: 

“… While the ordinance does provide certain exceptions that would allow cooperation with ICE, the distinction between ‘required’ and ‘authorized’ still creates uncertainty regarding what actions the Department would be permitted to take in those situations,” the letter said. “For example, the Department may work with ICE in investigations involving serious crimes such as human trafficking, sex trafficking, drug trafficking, or firearms trafficking. However, under the current language, ICE personnel may still be unable to enter the Department to work collaboratively unless such action is required by state or federal law or judicial order.”

Conley, Martel said, also said the language change has led to internal confusion at the department, with many interpreting it as an indication of mistrust or a suggestion the council feels the department has not been following protocols on immigration matters. 

“I defended the council’s intent and explained that the ordinance was not meant to police the police or imply that the department could not be trusted,” the letter continued. “However, the recent change to the language made without input or follow up discussion with the Police Department has made it considerably more difficult for me to continue conveying that message to our personnel.”

Councilors assured the public that the ordinance does not reflect a lack of confidence in the department and does not prevent police from cooperating with federal authorities on nonimmigration operations like trafficking in sex, drugs or weapons. 

The council continued its support of the measure Tuesday on a 5-2 vote, with Councilors Susan Longchamps of Ward 2 and Martel dissenting. 

“What we’re trying to do here again is mitigate risk to the city while DHS (Department of Homeland Security) runs roughshod over laws that exist in our community. That is an absolute fact,” Ward 1 Councilor Joshua Nagine said.

“Community trust is earned, absolutely, and there are considerable portions of our community who do not currently have (trust) in the local municipality working with ICE on immigration issues,” Nagine said. “… It’s not simply the police, it is the municipality.”