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HomeMy WebLinkAboutCOW 2025-07-14 Item 5A - Handout Distributed after the Meeting - Response to Questions from Council on Immigration EnforcementCity of Tukwila Thomas McLeod, Mayor Police Department - Eric Drever, Chief Response to questions from Council regarding Immigration Enforcement in Tukwila July 14th, 2025 Council Meeting of the Whole The following is a brief response to questions posed by members of the Council regarding Immigration Enforcement in Tukwila. Staff is available to answer any further questions Council may have. 1. Policy Clarity o What is TPD's current policy regarding cooperation with ICE or other federal immigration authorities? o Are there clear guidelines about when, if ever, TPD will share information with federal agencies? Both Questions are answered in TMC Chapter 2.98 and Tukwila Police Department Policy 411: TMC CHAPTER 2.98 COMPLIANCE WITH FEDERAL IMMIGRATION LAWS 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. (Ord. 2587 §2, 2018) 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. Tukwila Justice Center • 15005 Tukwila International Boulevard • Tukwila, WA 98188 • 206-433-1808 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 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. (Ord. 2587 §3, 2018) 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. (Ord. 2587 §4, 2018) TPD POLICY 411.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to members of the Tukwila Police Department relating to immigration laws and interacting with federal immigration officials (RCW 43.10.315). 411.2 POLICY It is the policy of the Tukwila Police Department that all members make personal and professional commitments to equal enforcement of the law and equal service to the public. Confidence in this commitment will increase the effectiveness of this department in protecting and serving the entire community and recognizing the dignity of all persons, regardless of their national origin or immigration status. 411.2.1 ENFORCEMENT OF FEDERAL IMMIGRATION LAW 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. Phone: 206-433-1800 + Email: Mayor@TukwilaWA.gov + Website: TukwilaWA.gov All employees should review and be familiar with Tukwila Municipal Code 2.98 411.3 VICTIMS AND WITNESSES To encourage crime reporting and cooperation in the investigation of criminal activity, all individuals, regardless of their immigration status, must feel secure that contacting or being addressed by members of law enforcement will not automatically lead to immigration inquiry and/or deportation. While it may be necessary to determine the identity of a victim or witness, members shall treat all individuals equally and not in any way that would violate the United States or Washington constitutions. 411.3.1 BASIS FOR CONTACT Unless immigration status is relevant to another criminal offense or investigation (e.g., harboring, smuggling, terrorism), the fact that an individual is suspected of being an undocumented alien shall not be the sole basis for contact, detention or arrest. 411.3.2 SWEEPS The Tukwila Police Department does not conduct sweeps or other concentrated efforts to detain suspected undocumented aliens. When enforcement efforts are increased in a particular area, equal consideration should be given to all suspected violations and not just those affecting a particular race, ethnicity, age, gender, sexual orientation, religion, socioeconomic status or other group. The disposition of each contact (e.g., warning, citation, arrest), while discretionary in each case, should not be affected by such factors as race, ethnicity, age, gender, sexual orientation, religion or socioeconomic status. 411.3.3 ICE REQUEST FOR ASSISTANCE If a specific request is made by ICE or any other federal agency, this department will provide available support services, such as traffic control or peacekeeping efforts, during the federal operation. Members of this department should not participate in such federal operations as part of any detention team unless it is in direct response to a request for assistance on a temporary basis or for officer safety. Any detention by a member Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov of this department should be based upon the reasonable belief that an individual is involved in criminal activity. 411.3.4 IDENTIFICATION Whenever any individual is reasonably suspected of a criminal violation (infraction, misdemeanor, or felony), the investigating officer should take reasonable steps to determine the person's identity through valid identification or other reliable sources. If an individual would have otherwise been released for an infraction or misdemeanor on a citation, the person should be taken to the station and given a reasonable opportunity to verify his/her true identity (e.g., telephone calls). If the person's identity is thereafter reasonably established, the original citation release should be completed without consideration of immigration status. 411.3.5 ARREST If the officer intends to take enforcement action and the individual is unable to reasonably establish his/her true identity, the officer may take the person into custody on the suspected criminal violation (RCW 10.31.100). 411.4 WASHINGTON STATE IMMIGRATION RESTRICTIONS Members shall not (RCW 10.93.160): a. Inquire into or collect information about an individual's immigration or citizenship status, or place of birth unless there is a connection between such information and an investigation into a violation of state or local criminal law. b. Provide information pursuant to notification requests from federal immigration authorities for the purposes of civil immigration enforcement, except as required by law. c. Provide non -publicly available personal information about an individual to federal immigration authorities in a noncriminal matter, except as required by state or federal law. d. Give federal immigration authorities access to interview individuals about a noncriminal matter while they are in custody, except as required by state or federal law, a court order, or written consent of the individual. Phone: 206-433-1800 • Email: Mayor@Tukwi[aWA.gov • Website: Tukwil.aWA.gov e. Allow a federal immigration authority to conduct an interview regarding federal immigration violations with a person who is in custody if the person has not consented in writing to be interviewed. In order to obtain consent, the person shall be provided with an oral explanation and a written consent form that explains the purpose of the interview, that the interview is voluntary, and that the person may decline to be interviewed or may choose to be interviewed only with the person's attorney present. f. Detain individuals solely for the purpose of determining their immigration status. g. Take a person into custody or hold a person in custody: 1. Solely for the purposes of determining immigration status 2. Based solely on a civil immigration warrant issued by a federal immigration authority 3. On an immigration hold request 411.4.1 SCHOOL RESOURCE OFFICERS Members who are school resource officers shall not (RCW 10.93.160): a. Inquire or collect information about an individual's immigration or citizenship status, or place of birth. b. Provide information pursuant to notification requests from federal immigration officials for the purposes of civil immigration enforcement, except as required by law. 2. Training & Awareness o What training does TPD provide to officers on immigrant rights, language access, and cultural sensitivity? o How often is this training updated, and is it mandatory for all sworn officers? Answer to both questions: TPD doesn't have any official training on "immigrant rights" but instead, we train on policy, which covers TPD's involvement with immigration enforcement. No Tukwila PD Officers take any enforcement action regarding a community member's immigration status. This policy and topic are routinely covered during shift briefings and team meetings by department Sergeants. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Our officers are trained during Pre and Post -Basic Law Enforcement Academy on how culturally diverse our community is. Every officer we onboard are given the phone number and client ID for the Language Line Service. The department has ongoing LETCSA (Law Enforcement Training and Community Safety Act) training. During the Patrol Tactics portion of the LETSCA training, our officers are put through scenarios involving individuals with limited English proficiency, and other communication barriers. Our officers are tasked with slowing down the pace of the interaction and problem solving on how best to communicate with these individuals in a calm, dignified, and respective manner. Furthermore, during the Patrol Tactics training, our Officers are coached in the use of the WSCJTC's "L.E.E.D. Model" of communication (Listen and Explain with Equity and Dignity). All the above -mentioned training is updated regularly and mandatory for all commissioned personnel. 3. Community Trust o What outreach is TPD conducting with immigrant and refugee communities to build trust? TPD and the City have worked closely with our asylum -seeking population through our partnership with the Riverton United Methodist Church. TPD presented at the Tukwila School Board to inform and address student concerns on immigration enforcement. TPD presented at the Equity and Social Justice Commission to inform and answer questions regarding immigration enforcement in Tukwila and the impact on the community. TPD participated in the World Refugee Day celebration at Foster High, working closely with the organizers to put a safety plan together and continuing to build our relationship with impacted community members. TPD's daily interactions with Tukwila's immigrant population provide opportunities to build trust. We have published on TPD's social media our policy on immigration enforcement and continue to engage through social media to inform and address community concerns. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov o How does TPD ensure immigrant residents feel safe reporting crimes without fear of immigration consequences? Our outreach efforts focus on building trust with our community and the immigrant population that is a part of our community, as well as our day-to-day engagement reenforces the City's expectations and TPD's policies on our interactions with our immigrant community. 4. Data & Reporting o Does TPD track contacts with individuals identified as immigrants or refugees? No. We do not inquire as to immigration status, nor document immigration status. o Are there data points on stops, arrests, or detentions involving non -citizens, and is this data public? No. We do not inquire as to immigration status, nor document immigration status. 5. Collaboration with Community o How is community input shaping TPD policies related to immigration? Community input shaped Washington state law, which TPD policy is based on. Additionally, TPD has prided itself on being a caring and responsive agency for the Tukwila community, which includes everyone that lives, works, or visits Tukwila, regardless of their immigration status. The community has asked for and the city is disseminating Know Your Rights information developed by trusted organizations. For example, Know Your Rights "Red Cards" developed by the Immigrant Legal Resource Center are being provided to community leaders, event participants, and select City service counters. Red Cards are available in Arabic, Dari, French, Pashto, Portuguese, Somali, Spanish, and Vietnamese. This effort is in partnership with the Equity & Social Justice Commission. 6. Language Access o Does TPD have sufficient bilingual officers or contracted interpreters? More languages are spoken in Tukwila than we have officers. As such, for immediate interpretation needs we rely on the use of Languageline Solutions for linguistical services. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov + Website: TukwilaWA.gov o Are all vital documents and rights advisories available in Tukwila's top spoken languages? Currently, not all documents are translated into different top spoken languages in Tukwila. The City is actively working on improving its language availability for all city departments' documentation. In the meantime, we use LanquageLine Solutions for linguistical service. Here are the TPD documents that are available in our top languages: Apartment Safety Notice Calling 911 Notice Consent to Search Form Domestic Violence Checksheet Explanation of Rights Form Mail Safety Notice Medical Release Form Mail Safety Notice Medical Release Form Narcotic Crime Seizures Form Personal Safety Notice Photographic Line -Up Form Police Public Records Request Form Safe Place Protocol Safe Place Welcome Smith Affidavit Form Stolen Motor Vehicle Form Victims Rights Notice 7. Proactive Measures o How is TPD preparing for potential future protests or ICE actions in Tukwila? Our Civil Disturbance Unit trains regularly for potential civil unrest. Additionally, TPD continues to build relationships with Homeland Security and ICE, so that we can improve communications regarding potential future protests related to immigration and how we may respond within Tukwila, allowing for peaceful demonstration, while deterring criminal activity. Relatedly, Community Services and Engagement in partnership with Emergency Management is developing an Inclusive Emergency Communications Plan as required by WA State. A 14-member, cross -departmental work group will review Phone: 206-433-1800 • Email: Mayor@Tukwi[aWA.gov • Website: TukwilaWA.gov and complete a plan that outlines communication protocol and strategies for reaching all community members, including multilingual populations and people with disabilities during an emergency response. While the plan is not specific to ICE encounters, this process will improve interdepartmental communication as well as communication with external partners. First meeting is July 21. o Is there a plan to protect vulnerable communities during federal immigration enforcement activities? As mentioned above, the City has initiated "Know Your Rights" educational engagement with the Tukwila Community. Cards in multiple languages have been printed and made available at community events and are being placed in common areas of City buildings. World Refugee Day was the kick-off of the program. The cards have also been Given to NGO's. The Equity and Social Justice Commission is tasked with getting the word out. City departments also assist with this endeavor. TPD is available for specific incidents. A community member may call 911 and ask for a police response if they would like TPD to mediate or confirm the authority of the federal agency that is engaged in activities that may impact our community members. As a reminder, Washington state and municipal law enforcement may not interfere with the lawful execution of a federal agency's authority. Other City departments are also working to provide a safe environment for our community: Tukwila Municipal Court issued a Policy on Immigration Enforcement in the Tukwila Justice Center. Per Washington State Court Rule, General Rule 38 (GR 38) Open Access to Courts, no person shall be subject to civil arrest without a judicial order while the person is inside the court. This includes the building, parking area, grassy areas, sidewalks, plazas, court -related offices, and entrances to and exits from the building and said spaces. Per State Law RCW 2.28.330 Privilege from Civil Arrest — Court Facilities, no person is subject to civil arrest while going to, remaining at, or returning from, a court facility. For the purposes of this section, "going to" and "returning from" includes the area within one mile of the court facility. Per Tukwila Municipal Code 2.98 Compliance with Federal Immigration Laws, court employees shall not inquire into the immigration or citizenship status of Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov any person or engage in activities designed to ascertain the immigration status of any person. Parks and Recreation developed an ICE Encounter Toolkit for staff with general information and guidance for incident response. Community Services and Engagement in partnership with Emergency Management is developing an Inclusive Emergency Communications Plan As always, please feel free to reach out to myself and City staff if you should have further questions. Eric Drever Chief of Police Tukwila Police Department Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov