Brewster Town Meeting

SAFE COMMUNITIES VOTE YES!

A BRIEF LOOK AT “SAFE COMMUNITIES”

Background: 2003-2004, many Cape towns (including ours) adopted a resolution in response to the

invasive provisions of the Patriot Act. Resolved was to protect and preserve fundamental rights:

privacy, right to counsel and due process guaranteed by the U.S. Constitution. Tonight’s article merely

re-affirms the ’03-’04 resolution and maintains the civil liberties and safety of ALL residents at this

critical time.

What It Says:

1) Local resources will remain devoted to local purposes – It is unconstitutional for the federal

government to assign tasks to local law enforcement, such as enforcing federal immigration laws. Local

officers already have plenty to do. If they were expected to execute federal duties, it would require

added taxpayer expense. The execution of federal duties is solely the responsibility of federal

agencies per the US Constitution, amendment 10.

2) Personal privacy will be protected – Except in cases where there is a valid warrant, personal

information of residents, visitors and workers will remain off limits to access by federal agencies.

What It Will Do:

1) Public safety will be strengthened – Why? Without fear of detention or deportation, the un-

documented are more likely to come forward to report crimes, serve as witnesses, or volunteer for public

service.

2) Families will not be broken apart at taxpayer expense – Children born in the U.S. of undocumented

parents are legal citizens. If parents are detained or deported, their children are traumatized and likely to

be assigned to the Department of Children and Families.

3) Local officials will be shielded from lawsuits related to unlawful search and seizure. Being in the

U.S. without documentation is not a “crime;” however, unreasonable search and seizure is a violation of

the 4 th Amendment. Undocumented is not synonymous with “criminal.”

4) Residents, visitors and workers of our town will know we are a town which values civil liberties.

What It Does Not Say:

1) It does NOT CHANGE current practice.

2) It does NOT GRANT ASYLUM to criminals, who are arrested and where applicable reported to

federal authorities.

3) It does NOT PROHIBIT, PREVENT OR RESTRAIN federal agencies, i.e. Immigration & Customs

Enforcement (ICE), from doing their job.

4) It does NOT EXPOSE THE TOWN TO FEDERAL FUNDING RETALIATION – Courts have ruled

that it is unconstitutional for federal funds to be withheld in the absence of any violation to specific

terms of that funding. Since our town received no federal funding preconditioned on local enforcement

of immigration laws, it cannot be lawfully withheld.

5) It does NOT COMPROMISE PUBLIC SAFETY – Rather, by promoting an atmosphere of greater

trust and cooperation with local law enforcement, it results in a safer community for ALL residents.

PLEASE VOTE YES FOR SAFE COMMUNITIES