HomeMy WebLinkAboutCOW 2018-02-26 Item 4D - Ordinance - Federal Immigration LawsCOUNCIL AGENDA SYNOPSIS
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SPONSOR COMA// Alct)or El' JR [—pc]) E Finan v D'ire TSn pe,R. [—pa/ice ElPW E corny
spoNsoR's The City Council requested the preparation of a draft ordinance that would clarify the City's
Sr:WM \ RY role with regard to enforcing federal immigration law. This draft is presented for discussion
and direction on next steps.
RimNwim By n C.O.W. Mtg. CDN Comm E Finance Comm. — Public Safety Comm.
Trans &Infrastructure Arts Comm. E Parks Comm. E Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
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Comments:
ITEM INFORMATION
ITEM No.
4.D.
STAFF SPONSOR: LAUREL HUMPHREY
ORK;INAL AGFNDA DAM: 2/26/18
,\GNNI).\ LiENt ' 111.1'; Ordinance relating to Federal Immigration Law
Gym ; 0 itY 4 Discussion
,\N Date 2/26/18
Motion
Aftx Date
ri Resolution
.A,N Date
4 Ordinance
Alit Date 2/26/18
Bid Award
Alg Date
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Other
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SPONSOR COMA// Alct)or El' JR [—pc]) E Finan v D'ire TSn pe,R. [—pa/ice ElPW E corny
spoNsoR's The City Council requested the preparation of a draft ordinance that would clarify the City's
Sr:WM \ RY role with regard to enforcing federal immigration law. This draft is presented for discussion
and direction on next steps.
RimNwim By n C.O.W. Mtg. CDN Comm E Finance Comm. — Public Safety Comm.
Trans &Infrastructure Arts Comm. E Parks Comm. E Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
St )N(
CONI NIITIEF,
COST IMPACT / FUND SOURCE
ENITNDITuRN RkQUIRIT) AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
2/26/18
MTG. DATE
ATTACHMENTS
2/26/18
Informational Memo dated February 20, 2018
Draft Ordinance
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: Council President Verna Seal
DATE: February 20, 2018
SUBJECT: Ordinance relating to Federal Immigration Law
ISSUE
Proposed Ordinance establishing Tukwila Municipal Code Chapter 2.98, Compliance
with Federal Immigration Law
DISCUSSION
In response to public testimony provided at the February 12, 2018 City Council Regular
Meeting and the February 15, 2018 Community Listening Session, the City Council
desires to discuss and consider an ordinance that would clarify the City's role with
respect to federal immigration laws.
The proposed draft ordinance would establish a new Chapter 2.98, Compliance with
Federal Immigration Law and is presented for Council discussion.
ATTACHMENT
Draft Ordinance
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING REGULATIONS
RELATING TO COMPLIANCE WITH FEDERAL IMMIGRATION
LAWS, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 2.98; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, immigrants and refugees seeking asylum are deeply rooted in the
Tukwila community and contribute to the vibrancy of our family, cultural and economic
landscape; and
WHEREAS, the City Council has affirmed its commitment to being an inclusive
community for all through the adoption of Resolution No. 1614 in 2006 and Resolution
No. 1900 in 2016; and
WHEREAS, trust between residents and city government is critical to fulfilling the
mission and duties of the City of Tukwila; and trust between immigrant and refugee
communities and local law enforcement is critical to promoting public safety for our entire
City; and
WHEREAS, it is imperative to public safety in the City of Tukwila for immigrants and
refugees to be able to report crimes of which they are victims, or have witnessed, without
fear of arrest and deportation; and
WHEREAS, the City of Tukwila Police Department has been diligently working for
many years to strengthen communication and trust between law enforcement and
immigrant and refugee communities; and
WHEREAS, the City of Tukwila has limited resources, immigration law is complex,
and enforcing federal immigration law is the exclusive authority of the federal government;
and
WHEREAS, the City of Tukwila commits its rights under the Tenth Amendment to the
United States Constitution to refrain from performing the duties of the Department of
Homeland Security for purposes of enforcing the Immigration and Nationality Act; and
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WHEREAS, the City Council has received compelling public testimony from
residents, citizens, constituents, and immigrant and refugee advocates in strong support
of strengthening City regulations to further protect vulnerable individuals and families; and
WHEREAS, the City Council desires to foster trust and cooperation between all City
personnel and all members of the community to strengthen public health and safety;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Established. Tukwila Municipal Code (TMC) Chapter 2.98,
"Compliance with Federal Immigration Laws," is hereby established to read as follows:
CHAPTER 2.98
COMPLIANCE WITH FEDERAL IMMIGRATION LAWS
Sections:
2.98.010 Immigration Inquiries Prohibited
2.98.020 Enforcement of Federal Immigration Law
2.98.030 Applicability
Section 2. Regulations Established. TMC Section 2.98.010, "Immigration Inquiries
Prohibited," is hereby established to read as follows:
2.98.010 Immigration Inquiries Prohibited
Unless otherwise required by law or court order, no officer, agent, or employee of the
City of Tukwila shall inquire into the immigration or citizenship status of any person or
engage in activities designed to ascertain the immigration status of any person.
Section 3. Regulations Established. TMC Section 2.98.020, "Enforcement of
Federal Immigration Law," is hereby established to read as follows:
2.98.020 Enforcement of Federal Immigration Law
A. Unless otherwise required by law or court order, no officer of the City of Tukwila
shall stop, search, arrest, detain, or continue to detain a person based on any administrative
or civil immigration detainer request unless accompanied by a valid criminal warrant issued
by a judge or magistrate.
B. The Tukwila Police Department shall not stop, search, investigate, arrest, or detain
an individual based solely on immigration or citizenship status.
C. Unless Immigration and Customs Enforcement (ICE) agents have a criminal
warrant or City officials have a legitimate law enforcement purpose that is not solely related
to the enforcement of civil immigration laws, the City shall not give ICE agents access to
individuals in the City's custody.
D. The Tukwila Police Department shall maintain policies and training procedures
consistent with this chapter.
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Section 4. Regulations Established. TMC Section 2.98.030, "Applicability," is
hereby established to read as follows:
2.98.030 Applicability
A. This chapter is intended to be consistent with federal laws regarding
communications between local jurisdictions and federal immigration authorities, including
but not limited to United States Code Title 8, Section 1373.
B. Nothing in this chapter shall be construed to prohibit any Tukwila City officer or
employee from cooperating with federal immigration authorities as required by law.
C. Nothing in this chapter is intended to create or form the basis for liability on the part
of the City, or its officers, employees or agents.
Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City
Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 6. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 7. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2018.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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