I want to begin by saying that I fully empathize with the motivations of those who took part in the recent ICE protest. I firmly believe the family should be reunited in Durango, and I’m encouraged to see efforts underway to make that happen.
While I did not participate in the protest, I was overwhelmed with emotion watching the video and hearing the participants’ accounts at the City Council special session. I would like to offer my perspective to contribute to the conversation and, hopefully, avoid another similar situation.
Throughout the comments, the word “peaceful” was used to describe the protesters, and I have absolutely no reason to doubt it. However, “peaceful” is not synonymous with “lawful.”
Unfortunately, as best I could tell, the line between a lawful and unlawful protest was crossed on Day Two in at least a couple of ways: 1) when the gate was chained/locked by protesters, and 2) when the protesters formed a human blockade in front of the gate.
Regardless of how righteous the cause, it is simply illegal to interfere with federal agents performing their job. It’s an uncomfortable truth, but, simply put, some of the protesters broke the law (perhaps unwittingly) and, by so doing, provided federal agents with the legal justification to respond.
To be clear, I’m not suggesting the manner in which the agents responded was in any way justified. Far from it. It was some of the most inhumane and unprofessional conduct I’ve ever witnessed on the part of U.S. law enforcement. There’s no question they intended to instill fear and intimidation. The tactics used by ICE were wholly inappropriate and wildly disproportionate to any perceived threat – if peaceful protesters can even be considered a threat at all; and I sincerely hope the CBI and FBI come to the same conclusion.
One commenter, in their impassioned remarks, suggested checking out a YouTube video of the Chicago police chief’s press conference following a recent ICE incident there. Two things the chief said stood out to me: first, the “damned if you do, damned if you don’t” position that local law enforcement often finds itself in; and second, the distinction that “communication is not collaboration.”
With that in mind and in the spirit of constructive dialogue, I’d like to describe a couple of alternative ways the events of Tuesday might have unfolded.
Scenario 1: If instead of blocking the entrance, protesters lined the sides of the road leading to the gate, the assembly would not only have been peaceful but also lawful, and federal agents would have no legal justification for engaging those present. And if they did, the public narrative (with supporting video footage) would have been entirely on the side of the protesters.
Scenario 2: If local law enforcement insisted on managing crowd control – which would have required effective communication with ICE – then Durango Police Department could have ordered the crowd to clear the way. They presumably have such authority, since people were blocking access to a facility, just as if it were a local business.
If protesters refused, DPD could “forcibly” remove them (separating them one by one if necessary), and I have full confidence that DPD would have proceeded in a manner that preserved the protesters’ dignity and respected their humanity.
Might some have accused DPD of “assisting” ICE? Sure. But I ask you, which outcome would have best preserved the public safety and resulted in the least amount of physical pain and emotional trauma?
Lastly, I want to express how proud I am to be part of a community that stands up for what is right. I was especially heartened and inspired by the young people whose passion and conviction I greatly admire. My message to them is always to remain vigilant and never lose that fire. Let’s act thoughtfully and creatively. Your country needs you.
Steve Schacht is a 27-year resident of Durango and freelance software developer.
