PTPD, sheriff address concerns over ICE

Agencies centralize separation of parties

A sign is placed at the entrance of the Border Patrol Station in Port Angeles during a protest on Sunday. (Elijah Sussman/Peninsula Daily News)

A sign is placed at the entrance of the Border Patrol Station in Port Angeles during a protest on Sunday. (Elijah Sussman/Peninsula Daily News)

PORT TOWNSEND — Should U.S. Immigration and Customs Enforcement operations take place on the Peninsula, Port Townsend and Jefferson County law enforcement say their main priority is community safety.

Port Townsend Police Chief Thomas Olson said he is not aware of any such activity, but should residents observe ICE presence locally, they should call 911.

Olson said the more time PTPD has to prepare and respond, the better.

“Our mission is about keeping the community safe,” Olson said.

The department’s tactic for creating that safety centers on separating protesters and bystanders from federal immigration enforcement officers, he said.

Olson said he hopes if ICE operations occur in Port Townsend, PTPD would have the opportunity to communicate with ICE supervisors, requesting that they let the PTPD take charge of keeping community members away from operations.

The city of Port Townsend released a statement Saturday, intended to address community concern following the fatal shootings of Renee Good and Alex Pretti in Minneapolis. The statement was signed by Mayor Amy Howard, City Manager John Mauro and Olson, and it restated the city’s policy toward immigration enforcement.

It cited the Keep Washington Working Act, which prohibits state and local agencies from assisting ICE or U.S. Customs and Border Patrol (CBP) with federal immigration enforcement.

While PTPD — or any other agency in Washington — is prohibited from assisting ICE or CPB, it lacks jurisdiction over the agencies and also is unable to stand in the way of them doing their jobs, Olson said.

Good, 37, a mother and a poet, was shot three times by an ICE agent identified as Jonathan Ross on Jan. 7. The officer fired three shots that struck Good while she was in her vehicle.

Pretti, also 37, an intensive care nurse and outdoor enthusiast, was shot multiple times on Saturday when Border Patrol agents fired a total of 10 shots.

Local police departments are in a difficult position, Olson said.

“The best we can do is to keep separation or to keep people from engaging in or obstructing agents in their work,” he said.

Protests against ICE operations took place in Jefferson and Clallam counties this weekend, with a protest happening in Port Townsend on Friday and protests happening in Port Angeles on both Saturday and Sunday.

Indivisible Port Townsend is organizing an ICE Out For Good protest between Safeway and the roundabout on Sims Way starting at 1 p.m. this coming Saturday.

Members of the Port Townsend community have responded to the release, which was posted on the city’s official Facebook page on Saturday. As of Tuesday, the post had 428 comments and 86 shares.

Heather Rehtaeh commented, asking if the police department would protect local citizens if the agencies act illegally.

“(The city’s) statement presumes ICE is adhering to the law,” Rehtaeh wrote.

Dominic Svornich asked a series of questions intended for local law enforcement agencies.

“If you see a federal law enforcement officer in Port Townsend that is either breaking the law or blatantly violating the constitutional rights of a local resident, what would happen?” he wrote.

PTPD has no policy authorizing the arrest of federal agents, Olson said, adding that he would never support physically confronting an agent in uniform.

Olson was asked if there were any scenarios in which PTPD would step in to protect community members from ICE, including ICE agents committing illegal actions against citizens, such as assaulting persons for exercising their rights to take videos. He described such situations as legally complex and highly situational, noting his preference not to speak on hypotheticals.

“I don’t know what that scenario is, I’m not going to say, ‘Absolutely 100 percent no,’ but I’m not going to say, ‘Yes, we would do it in this scenario,’” Olson said. “This is not a black-and-white issue, this is very gray. Depending on what happens, we will address it at that time.”

Most Facebook commenters requested further protection from the federal immigration forces or called the statement out for not being strong enough in its resolve to prioritize local safety. A smaller contingent criticized PTPD, saying it should work with the federal agencies.

Jefferson County Sheriff Andy Pernsteiner also stated that the purpose of his office is to protect the community and to keep the peace.

He questioned where local police were in recent conflicts seen on the news and circulating online.

“It’s out of control,” he said. “I would like to think that if something like that were to happen here in Jefferson County or Port Townsend that our local law enforcement would have a presence there.”

Local law enforcement would endeavor to keep parties separate and to mediate between protesters and law enforcement, he said.

Pernsteiner acknowledged his agency is spread thin, but he said the agency would lean on regional partners, including PTPD, Clallam County Sheriff’s Office, Sequim Police Department, Port Angeles Police Department and Washington State Patrol. Many of those agencies comprise a crisis response unit tasked with responding to serious situations.

Without knowing all of the facts, Pernsteiner said the Pretti shooting did not look good.

“I actually watched a video last night that was like five different video angles and it kind of showed that whole incident there,” he said. “It definitely doesn’t look good from all the videos. It doesn’t look like something that should have happened.”

Pernsteiner said he doesn’t know what kind of training ICE agents are receiving and said his experience of law enforcement training was rigorous and that Washington state law even allows for officers to vacate a scenario if it is beyond their capacity to handle.

Lacking formal board approval, Jefferson County Immigration Rights Advocates (JCIRA) board member Jean Walat issued a statement speaking for herself as an individual.

“I echo the reactions of many loyal Americans who have been horrified by the murders of American citizens exercising their right to protest the illegal and contemptible actions of ICE agents in Minnesota and elsewhere,” she wrote. “These ICE actions inflict terror on millions of innocent people of color regardless of their citizenship status or what state they live in. This goes far, far beyond normal enforcement of laws, it’s designed to make us feel powerless in the face of brutal force. But each of us has power and we must use it to peacefully but forcefully say that these ICE actions are un-American and intolerable.”

JCIRA hosts a number of immigration support services. Educational resources can be found at jcira.org.

Seattle-based immigration advocacy organization Washington Immigration Solidarity Network (WAISN) keeps a number of resources, available in multiple languages, including a know-your-rights fact sheet, which can be found at tinyurl.com/2dzjc2wr.

According to the fact sheet, people have the right not to open their door and agents cannot legally enter a home without consent or a court-ordered, judge-signed warrant. Individuals also have the right to remain silent, decline to sign documents and request an attorney. People may refuse warrantless searches and may document interactions through photos, video or notes, so long as those actions do not interfere with agents’ duties or public safety.

The document also includes an example of a removal warrant, with notes pointing to details for confirmation of the warrant type.

Another quick fact sheet intended for bystanders and observers recommends standing at a safe distance and password protecting your phone to protect your videos, among other things. The resource can be viewed at tinyurl.com/97247a2n.

On KPTZ 91.9 FM’s Brewocracy Now last Thursday, Olson encouraged listeners not to assume that what they are seeing on national news will happen in Port Townsend.

“We are seeing the worst-case scenario being broadcast,” Olson said.

________

Reporter Elijah Sussman can be reached by email at elijah.sussman@peninsuladailynews.com.

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