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HomeMy WebLinkAboutCOW 2018-08-27 Item 3C - Ordinance - Compliance with Federal Immigration LawsCOUNCIL AGI-1,NDA SYNOPSIS Moe//rig Dale Prepared by Mayors reP/tAp Counci 1 revieni 08/27/18 LH (..-4 09/04/18 LH ITEM INFORMATION ITEM No. 3.C. Si \I SN )Ns( )it: LAUREL HUMPHREY Oimn ,\I 1 II INDA D \ II : 8/27/18 v ;I NI) \ iiim "ii 1 li Ordinance relating to federal immigration law. C \ )1( ;( flo DIRal win 8/27/18 Molton AN Dale Relobalon Alit' I .),flc 11 Ordinance I —I 13u1 ,bpard Aug Dale Pub/7( I leanq Allg 1)ate 01/or AlA;Dale Alt; Dal( Meg Dale 9/4/18 SD )V,( )R ( ounce/ Mayor I-1/ iR oco 1, mince E Fire flITS —1,5-R. E Pa/ire E / V fi ( our/ Siq.)\ soles The City Council requested a code update that would clarify the City's role with regard to enforcing federal immigration law. The draft ordinance was reviewed previously by the Committee of the Whole and shared in multiple community meetings. RID II v\ I I ) 131 fi COW. Mtg. fi CDN Comm — Finance Comm. ] Public Safety Comm. Trans &Infrastructure fi Arts Comm. Parks Comm. Planning Comm. DAlk: C()M1\11"1"FEE CHAIR: RECOMMENDATIONS: spu-NoR/ADmIN. Cmimirii 1 COST IMPACT / FUND SOURCE i, \pi Ni)i 1 l RI RI Q1,1R1 I) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 8/27/18 9/4/18 MTG. DATE ATTACHMENTS 8/27/18 Informational Memo dated 8/21/18 Draft ordinance 9/4/18 1'2 14 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Verna Seal, Council President By: Laurel Humphrey, Council Analyst DATE: August 21, 2018 SUBJECT: Ordinance relating to Federal Immigration Law ISSUE 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 a February 15, 2018 Community Listening Session, the City Council desires to enact an ordinance that would clarify the City's role with respect to federal immigration laws. The proposed draft ordinance would establish a new Tukwila Municipal Code Chapter 2.98, Compliance with Federal Immigration Law, and would: • Prohibit City of Tukwila Police officers and all other city staff from inquiring into immigration or citizenship status unless required by law/court order, or in the course of a criminal investigation in which identity cannot otherwise be determined. • Prohibit officers from stopping, searching, arresting, or detaining an individual in the absence of a valid criminal warrant. • Prohibit officers from giving Immigration and Customs Enforcement agents access to individuals in the absence of a criminal warrant or legitimate law enforcement purpose not solely related to civil immigration enforcement. It is imperative to the public safety of our community that all neighbors be able to report crimes that they have witnessed or been victimized by without fear of arrest or deportation. We understand that it is not the Police Department's purview to enforce federal immigration law, nor do they have the resources or desire to do so. The City Council would also like to acknowledge that the Tukwila Police Department has a long history of working with our city's immigrant and refugee communities and has been diligently working to strengthen communication and trust between law enforcement and these communities for many years. We feel it is in the City of Tukwila's best interest to establish these policies formally in the Municipal Code so that our intent is clear to city personnel and everyone in our community. 15 INFORMATIONAL MEMO Page 2 The proposed ordinance draft reflects early input from Councilmembers as well as feedback from the City Attorney and Police Chief. The draft was shared at a Community Check -Back meeting held on March 22, 2018, where attendees gathered in breakout groups to discuss the proposal and provide feedback. The draft ordinance was also shared with the Teens for Tukwila student group on June 7, 2018. Feedback from these meetings was considered, reviewed, and incorporated where legal and appropriate in consultation with the City Attorney. ATTACHMENT Draft Ordinance 16 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 long standing and 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 W: Word Processing\Ordinances\Compliance with federal immigration laws strike-thru 8-22-18 LH:bjs Page 1 of 3 17 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, or during the course of a criminal investigation where identity is in question and cannot otherwise be determined, 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. W: Word Processing\Ordinances\Compliance with federal immigration laws strike-thru 8-22-18 1 8 LH:bjs Page 2 of 3 D. The Tukwila Police Department shall maintain policies and training procedures consistent with this chapter. 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: W: Word Processing\Ordinances\Compliance with federal immigration laws strike-thru 8-22-18 LH:bjs Page 3 of 3 1 g