Trump’s executive orders concern some North Georgia immigrants

Published 11:05 am Thursday, February 2, 2017

DALTON, Ga. — Lost in the executive orders by President Donald Trump banning immigration from seven predominately Muslim countries last weekend and his Jan. 25 order announcing construction of a wall across the border of Mexico is a paragraph that has members of the immigrant community in Dalton on edge.

In the executive order titled “Border Security and Immigration Enforcement Improvements,” section 10 of the order states the executive branch empowers “state and local law enforcement agencies across the country to perform the functions of an immigration officer in the interior of the United States to the maximum extent permitted by law.”

For Latino leaders like America Gruner, president of the Coalicion de Lideres Latinos (CLILA), she is less concerned about bans on people coming into the country as she is on what the implications are for people who are already living and are permanent residents of the United States.

“We feel like we are going back to 2008 when hundreds of people were detained in Dalton,” Gruner said, referring to when the Whitfield County Sheriff’s Office became a 287(g) partner with Immigration and Customs Enforcement (ICE). “That is our main concern right now. That is going after the most people. People are distracted with many things happening at the same time. Most people focused on the wall, but not many people have read the fine print on the other things to do with immigration. Little by little, it isn’t the wall only, but many more things.”

Gruner said from 2008 to 2012 many families were split by enforcement of the partnership with ICE, but in 2012 President Barack Obama issued an executive order to basically give amnesty to immigrants who had lived in the country for more than 10 years, had no criminal background and had children born in the United States. Now, she says that protection could be lost.

But local law enforcement officials say that even with the new order, there will be no change to the powers of either the Whitfield County Sheriff’s Office or the Dalton Police Department.

“Everything is the same and nothing has changed from our perspective,” Sheriff Scott Chitwood said. “Local officers do not have federal authority with the exception of a few officers who work inside the jail who do have federal credentials. Can a regular street officer here go out and make a sweep of the street demanding to see someone’s papers? No. You have to have committed a violation against the laws of the state of Georgia and have already been detained for a jailable offense before we even get to anything to do with immigration status.”

Dalton Police Chief Jason Parker agreed that despite the order’s language, little will change on the local level.

“It won’t affect our day-to-day operations,” Parker said. “The key phrase in the order is ‘to the extent allowable by law.’ I don’t know of any local authorities who have that power. I don’t see that particular section having an impact here at the local level. We have had a sizable immigrant community for a while, and we think we have a very good relationship with that community.”

Implementation of the order is of particular importance in Whitfield County where more than 31 percent of the population is Hispanic according to data from the 2010 census. In the city of Dalton, the Latino community is even more concentrated with nearly 48 present of the residents.

“That is a complex question and a much more complex issue here in Whitfield County,” said Dalton Tea Party organizer Naomi Swanson when asked about Trump’s immigration-related orders. She said the president is acting quickly on many of the same promises that drew supporters to his campaign.

“There are a lot of things to iron out, but the major thing is that things that have been promised in the campaign are being followed through with,” Swanson said. “This is like water out of a fire hydrant. You are either going to control it or it is going to knock you down. His orders are temporary until something permanent is in place. I am not opposed to that. I am upholding the decision so far and I think that they are going to be modified in the future.”

Swanson said while she is in favor of Trump’s stance across the United States, she believes things are different here and need to be handled more on a local level.

“I think our local law enforcement has done a good job in only targeting those who have already violated the law and are criminals,” Swanson said. ”Above all, I want to see the states being in control of the law enforcement and the counties and cities. I don’t think any county or city is like any other county and city in the country. There is so much in our community that is tied to the Latino community, and it is a good thing. We have a very productive community here which is very difficult to tie to one broad policy.”

Gruner said it is that “productive community” who she is worried about the most. Since the explosion of immigrants to fill jobs in the carpet industry in the final two decades of the 20th century, a new generation of native-born Latinos have provided an anchor to their parents. But Gruner worries if that will remain.

“There are many people who have been here for many years and many have supported businesses and plants and now what is going to happen?” Gruner asked. “You are talking about hard workers with no criminal background, who have raised their families and they have had no options to be legalized. Why don’t they become legal and come through the line, people ask. There is no line and no option. There are people who are living in fear now who consider America their home. We want to be sensitive to people and don’t want to create panic. We don’t have many options.”

But both Chitwood and Parker said they don’t want the Latino community to feel that way.

“I understand the fear and the unknown, but again, we don’t have federal authority in that regard,” Chitwood said. “Our policy still remains that only those individuals who have already committed a jailable offense have anything to worry about over their immigration status.”

Parker also said that he hopes to get the message to the Latino community that the police are not coming after them.

“It is extremely important that we have the trust of the local citizens,” Parker said. “We need the communities’ help in everything we do. If people are concerned about their status and a trust issue is there, they may not come forward when they can help solve a crime or even report a crime committed against them. We can’t have that. Having trust is a key to solve ongoing cases and to prevent further crimes and keep all of our citizens safe.”

Jan. 25 Executive Order issued by President Donald Trump

Sec. 10. Federal-State Agreements. It is the policy of the executive branch to empower State and local law enforcement agencies across the country to perform the functions of an immigration officer in the interior of the United States to the maximum extent permitted by law.

(a) In furtherance of this policy, the Secretary shall immediately take appropriate action to engage with the Governors of the States, as well as local officials, for the purpose of preparing to enter into agreements under section 287(g) of the INA (8 U.S.C. 1357(g)).

(b) To the extent permitted by law, and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to authorize State and local law enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary. Such authorization shall be in addition to, rather than in place of, Federal performance of these duties.

(c) To the extent permitted by law, the Secretary may structure each agreement under section 287(g) of the INA in the manner that provides the most effective model for enforcing Federal immigration laws and obtaining operational control over the border for that jurisdiction.