HomeMy WebLinkAboutOrd 2587 - Compliance with Federal Immigration Laws (TMC Chapter 2.98)City of Tukwila
Washington
Ordinance No. LSS
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 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 8-23-18
LH:bjs
Page 1 of 3
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 8-23-18
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 L/ 04 day of 5-Orb b.o ,t' , 2018.
ATTEST/AUTHENTICATED:
r‘
Christy O'Flal%rty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk: -)-9-/ Y
Passed by the City Council: -'1 _ 1 p
Published: ) 0-/J'
Effective Date: - j -, Y.
Ordinance Number: )_7 %
W: Word Processing\Ordinances\Compliance with federal immigration laws 8-23-18
LH:bjs
Page 3 of 3
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2586-2587.
On September 4, 2018 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2586: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1852; REENACTING
TUKWILA MUNICIPAL CODE CHAPTER 3.48, "COMMERCIAL PARKING TAX,"
RELATING TO THE LOCAL OPTION TRANSPORTATION TAX TO INCREASE THE
TAX RATE AND ADOPT A PENALTY FOR LATE PAYMENT; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2587: 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.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: September 10, 2018