News Flash

At the March 2 City Commission meeting, Public Safety Director Ric Buikema shared the department’s longstanding policies and practices related to federal immigration enforcement, reaffirming our focus on community safety and enforcement of only state and local laws.

Our Public Safety officers don’t have authority to enforce civil immigration laws and don’t work with federal immigration agencies to conduct civil enforcement. Their focus remains on keeping our community safe by enforcing state and local laws.

These practices are consistent with many other law enforcement agencies across Michigan and the country.

You can read the full summary and FAQs, which were approved by City Commission at the March 2 meeting, below.

Statement 

The East Grand Rapids Department of Public Safety is responsible for enforcing state law and local city ordinances within the jurisdiction of East Grand Rapids, Michigan. In addition, all sworn Department members are cross trained as fire fighters and EMS service providers.  We strive to maintain a very low crime rate with prioritizing the safety of all persons in our City. The Department maintains a highly motivated, professional staff of Officers who continue to make the City of East Grand Rapids a safe place to live, work, and visit for all people. 

The East Grand Rapids Department of Public Safety is neither responsible for, nor have the authority to, enforce federal civil immigration laws used to detain or remove undocumented immigrants from the United States. The public safety department has not, does not, and will not, serve as a civil immigration enforcement agency for the federal government.

Frequently Asked Questions 

1. Do East Grand Rapids Public Safety Officers have authority to engage in immigration enforcement based on their license as a Michigan Law Enforcement Officer? No, local police officers have the authority to make arrests, custodial or otherwise, for violations of Michigan law or for a city ordinance violation. See MCL 764.9c.  Additionally, under federal law, department personnel are prohibited from investigating or arresting a person for civil immigration purposes.  Rationale: The authority to do so is within the purview of federal law enforcement officers employed by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). The authority is granted to ICE and CBP.

2. What would grant an East Grand Rapids Public Safety Officer the authority to enforce civil immigration laws?This would only be possible if the City of East Grand Rapids governmental entity entered into a 287(g) Memorandum of Agreement (MOA) or other similar agreement granting authority. See 8 U.S.C.§ 1357 and INA§ 287(a)(4) and 8 C.F.R. § 287.5(c)(2). Enforcement of civil immigration violations is the responsibility of federal immigration authorities, such as U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). Local law enforcement officers do not have inherent authority to enforce civil immigration law unless specifically authorized under federal law such as a 287(g) or other agreement.  No such agreement is in place with the City of East Grand Rapids.

3.  Can East Grand Rapids Public Safety Officers arrest someone who has an outstanding arrest warrant for a violating a criminal immigration offense?Yes.  If an Officer learns that a suspect, in a lawful investigation, has a criminal arrest warrant signed by a federal judge.  The arrest warrant must be confirmed, and the suspect will be taken into custody in addition to local charges if applicable.  It is important to note that an arrest warrant is a court order signed by a judge and does not grant the Officer or Department any discretion to ignore the court order. 

4. Can an Officer stop and detain someone solely to determine their immigration status?No. Under federal case law a stop requires that an Officer have reasonable suspicion of a crime being committed. Stopping someone to inquire about their immigration status would be a violation of that standard as well as several existing policies contained in the EGR Manual of Policies and Procedures. Officers violating these policies would be subject to discipline up to and including termination. See Arizona v. United States, 567 U.S. 387 (2012), Rodriguez v. United States, 575 U.S. 348 (2015),United States v. Stepp, 680 F.3d 651 (6th Cir. 2012) and MCL 37.2101.

5. What East Grand Rapids Public Safety Department Manual of Policies and Procedures exist that address civil immigration enforcement?The Department’s policy manual has multiple sections applicable to civil immigration matters. The Department’s policy manual can be found on the City’s website https://public.powerdms.com/egrpsd/tree  

Section 3-25

Fair and Impartial Policing

States in part:

 C.  LAW ENFORCEMENT ACTION OR SERVICES. Personnel:

1. Are prohibited from bias-influenced policing in all law enforcement encounters.
2. Shall treat all people in a fair and impartial manner during all law enforcement encounters, when providing any service, and in accordance with the law (e.g., Title VII of the Civil Rights Act 1964, the Michigan Elliott-Larson Civil Rights Act, etc.) or taking any enforcement actions such as public contacts, traffic stops, field interviews or investigations, asset forfeitures, arrests, searches and seizures, detention of a person, etc. Examples of traits or lifestyles that may cause a bias reaction include: 
   • Race
   • National Origin
   • Ethnic Background 
   • Gender
   • Gender identity 
   • Sexual orientation 
   • Religion
   • Marital Status 
   • Economic Status 
   • Individuals with Disability
   • Age      
   • Cultural group

F.  EMPLOYEE RESPONSIBILITIES. Employees:

1. Are required to comply with the law, Department policy, procedures, rules, regulations and/or directives.

Section 10-19

Searches, Strip Searches, Body cavity Searches 

States in part:

10.     Border searches. Michigan law enforcement officers do not enforce customs or immigration laws, except in conjunction with Federal agencies. 

(With a signed 287g agreement in place with the governmental agency). 

Section 3-7

The Constitution of the United States of America

States in part:

AMENDMENT 10 - Powers of the States and People

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The 10^th amendment limits federal authority over state and local police regarding immigration enforcement through:

• Anti-Commandeering Doctrine: The Supreme Court has ruled that the federal government cannot compel states or localities to enforce federal law, including immigration, as this would violate state sovereignty.
• Voluntary Cooperation: Local police are not required to honor federal immigration detainers (requests to hold individuals).
• Formal Agreements (287(g)): While the federal government cannot force local, voluntary participation, it can enter into 287(g) agreements, where local officers are trained and deputized to assist with immigration enforcement.

In other words, the 10th Amendment empowers local law enforcement to choose whether to engage in federal immigration through a signed 287g agreement, affirming that they are not agents of the federal government.

Section 10-4

Arrest Management

States in part:

1. ARREST AUTHORITY.  In order to have a valid arrest, the elements of authority, intent, force, custody, and submission must be present.  

1. Authority:
   1. Refers to the person making the arrest. 
   2. To arrest is vested in employees who are fully empowered and regularly employed by the East Grand Rapids Department of Public Safety.

2. The reason for the arrest must be articulated 

D.      ARREST REQUIREMENTS

1. Arrest warrant required.  An arrest warrant:
   1. Commands an officer to immediately arrest the named person and make them available for court proceedings.  Sworn personnel shall:
      1. Positively identify the individual
      2. Confirm the warrant through LEIN, Possess the warrant or have knowledge a warrant has been issued.
      3. Advise the suspect they are under arrest
      4. Place the suspect in handcuffs or under arrest
      5. Transport the suspect to the Kent County Jail/designated facility or allow to post bond if able.

Note: These steps do not have to occur in specific order

Definitions

Civil Immigration Violation: breach of United States federal immigration laws or regulations that is not classified as a criminal offense but rather as a civil matter. Civil immigration violations typically involve conduct that renders a noncitizen subject to administrative removal proceedings, rather than criminal prosecution. Civil immigration law is found in the United States Code of Federal Regulations.

Code of Federal Regulations: (CFR): the Code of Federal Regulations (CFR) is the annual codification of general and permanent rules published by U.S. federal agencies in the Federal Register. Divided into 50 titles representing broad subject areas, it constitutes the official, legally binding regulations. These laws are investigated and enforced by authorized federal agencies and officers.

Criminal Immigration Violation: conduct that violates United States federal immigration statutes and is classified as a criminal offense, as opposed to a civil violation. Criminal immigration violations typically involve actions that are prosecuted in federal court and may result in criminal penalties such as fines, imprisonment, or both. Criminal immigration law is found in the United States Code of Federal Regulations.

Customs and Border Protection (CBP): federal agency of the United States government, established within the Department of Homeland Security (DHS) responsible for border security, trade facilitation, and enforcement functions.

Immigration Administrative Warrant: commonly DHS form I-200, Warrant for Arrest of Alien or DHS form I-205 Warrant for Removal or Deportation are administrative civil documents issued between one immigration officer to another immigration officer. These documents are not issued between an immigration officer and a local law enforcement agency and are not arrest warrants issued by a Judge.

Immigration and Customs Enforcement (ICE): principal United States law enforcement agency within the Department of Homeland Security, tasked with enforcing immigration and customs laws, conducting investigations, and managing detention and removal operations.

Michigan Criminal Arrest Warrant: legal document signed by a Judge or Magistrate authorizing law enforcement to arrest an individual for alleged criminal activity or for failing to comply with court orders. These are signed by a Judge or Magistrate and are on a form created by the State Court Administrative Office. It commands a peace officer or court officer authorized to make an arrest to take the subject into custody.

287(g) Agreement: a Memorandum of Agreement (MOA) between the federal government and the local governmental entity, that constitutes an agreement between United States Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DHS) and the local government, pursuant to which ICE delegates to nominated, trained, and certified local law enforcement officers the authority to perform certain immigration enforcement functions.  The Task Force Model provides local law enforcement officers with limited immigration enforcement authority with ICE oversight during their routine police duties.

To clarify, 287(g) agreements are rare.  For example, the State of Michigan has about 575 local law enforcement agencies of which 7 Michigan agencies or about 1% have 287(g) agreements. Only 2 municipal agencies or about .0034% of the municipal agencies in Michigan have 287(g) agreements.  Nationally, out of approximately 18,000 law enforcement agencies, about 1,426 or about 8% have 287(g) agreements. See MCOLES 2024 Annual Report and United States Immigration and Customs Enforcement Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act.

With winter weather on its way, take time to learn about the City's street/sidewalk salting and plowing operations, priority routes and how you can help make snowplowing easier for City crews: https://bit.ly/3Gn2jcu.

The Department of Public Works thanks the East Grand Rapids community for its patience and understanding.

When the power goes out, residents’ safety is the City’s number one priority. During these periods, Consumers Energy (800.477.5050) works to investigate and address the situation to get power restored as quickly as possible. 

Consumers Energy personnel are the only professionals authorized to work on the power lines. The City has no control over or special knowledge of power restoration.

Additionally, Consumers Energy is responsible for tree maintenance and is regulated by The Michigan Public Service Commission (1.800.292.9555). You can learn more about Consumers Energy's work on trees and powerlines here.

After a storm, and once it is safe to do so, EGR Public Works  (616.940.4870) will work on street and sidewalk clean up following regular yard waste collection policy.

The following guide lists resources and safety tips for during a power outage, created by Consumers Energy and the City of East Grand Rapids.

When the Power Goes Out 

• Report or check outage by visiting the Consumers Energy Outage Center.
• Please note, if there is a dangerous situation that puts you our anyone near you at risk, call 911 immediately — even before contacting Consumers Energy.
• Sign up for outage alerts and restoration times: Text ‘REG' to 232273 or visit the Consumers Energy alert webpage. 
• Call 211, a free statewide service, if you are looking for help connecting to temporary shelter or other resources that offer assistance in the area.

While the Power is Out

Avoid power lines: Please remember that downed power lines are extremely dangerous – stay at least 25 feet away at all times. Report all downed wires directly to Consumers Energy.

Driving: Stay off the roads during inclement weather. Should you need to drive during a storm, be alert to crews working along roads. Drivers should slow down or stop and wait for oncoming traffic to clear so they safely can go past workers on roadsides.

Generators: Never use a generator in an attached garage, basement, enclosed patio or near any air intakes. Hazardous levels of carbon monoxide, an odorless, colorless and deadly gas, can be drawn into your home.

Pipes: Prevent frozen pipes by allowing faucets to drip. You can learn more by reading our article on frozen pipe prevention. 

Power surge: To avoid a power surge, unplug sensitive electronics like TVs, computers and printers and turn power strips off completely.

Network use: Save phone calls and texting for emergencies as phone networks become congested when there is limited access to wifi.

When Inclement Weather Has Passed/Power Has Been Restored

If you notice downed trees, please call Consumers Energy and Public Works. Consumers Energy will trim or remove trees interfering with electric restoration activities and the City will collect limbs from power lines, streets and sidewalks. However, once safe to do so, debris clean-up from tree trimming or removal during a storm emergency is the responsibility of individual property owners. If you have damaged limbs in your back yard, we ask you cut them up into 4' lengths and bring them to the curb for collection on your usual yard waste pickup day.

In some cases, the mast which holds the electric service wires to a customer’s home or business may have been damaged or torn away. Consumers Energy crews will reconnect the wires to a home, but only a licensed electrician can repair or replace a mast or a cable.

Preparing for the Next Power Outage

Given the climate of our state, power outages due to severe weather are unfortunately never out of the question. Prepare yourself and your family for the next occasion by collecting or replenishing your stock of canned and dry goods specifically set aside for emergencies and organizing an emergency kit that includes flashlights, back up chargers and a list of phone numbers.

A complete list of safety tips can be found on the Consumers Energy website.

As electricity is regulated by the state, any complaints or concerns should be directed to Consumers Energy or The Michigan Public Service Commission.