[Adopted 2-1-2017 by Ord. No. 2017-03]
The purpose and intent of this article is to recognize the importance of fostering a city that is welcoming and inclusive for all individuals, regardless of nationality or citizenship status, and to ensure, to the greatest extent permitted by law, that immigration enforcement is a function of the federal government and not the City of Ithaca.
When used in this article, the following terms shall have the meanings indicated:
- U.S. Customs and Border Protection, including any successor federal agency(s) tasked with immigration, customs, and/or border enforcement.
- CIVIL IMMIGRATION DETAINER (also called a "CIVIL IMMIGRATION WARRANT")
- A detainer issued pursuant to 8 CFR 287.7 or any similar request from ICE or CPB for detention of a person suspected of violating civil immigration law. [NOTE: See "Immigration Detainer—Request for Voluntary Action" (5/15), available at https://www.ice.gov/sites/default/files/documents/Document/2016/I-247D.PDF.]
- U.S. Immigration and Customs Enforcement, including any successor federal agency(s) tasked with immigration, customs, and/or border enforcement.
- Ithaca Police Department, including entities, efforts, and initiatives jointly operated or pursued by officers of the Ithaca Police Department, acting in their official capacity, and others (e.g., the Joint Special Weapons and Tactics Team).
- JUDICIAL WARRANT
- A warrant based on probable cause and issued by an Article III federal judge or a federal magistrate judge that authorizes federal immigration authorities to take into custody the person who is the subject of the warrant. A judicial warrant does not include a civil immigration warrant, administrative warrant, or other document signed only by U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) officials.
- PROBABLE CAUSE
- More than mere suspicion or that something is at least more probable than not. Probable cause and "reasonable cause," as that latter term is used in the New York State criminal procedure code, are equivalent standards.
IPD shall not stop, question, interrogate, investigate, or arrest an individual based solely on any of the following:
IPD shall not inquire about the immigration status of an individual, including a crime victim, a witness, or a person who calls or approaches the police seeking assistance, unless necessary to investigate criminal activity by that individual.
IPD shall not perform the functions of a federal immigration officer or otherwise engage in the enforcement of federal immigration law, whether pursuant to § 1357(g) of Title 8 of the United States Code or under any other law, regulation, or policy.
IPD may respond affirmatively to a civil immigration detainer from ICE or CBP to detain or transfer an individual for immigration enforcement or investigation purposes for up to 48 hours only if the request is accompanied by a judicial warrant:
Except that IPD may, upon the written legal opinion of the Office of the City Attorney, detain a person for up to 48 hours on a civil immigration detainer in the absence of a judicial warrant if:
There is probable cause to believe that the individual has illegally re-entered the country after a previous removal or return as defined by 8 U.S.C. § 1326 and (2) the individual has been convicted at any time of (i) a "violent or serious crime" as defined in Subsection 14-154(a)(6) of the Administrative Code of the City of New York [NOTE: The text of N.Y.C. Admin. Code § 14-154(a)(6) is available at https://www.lawserver.com/law/state/new-york/ny-laws/ny new york city administrative code 14-154.] or (ii) a federal crime or crime under the law of another state that would constitute a predicate felony conviction, as defined under the New York Penal Law, for any of the preceding felonies; or
There is probable cause to believe that the individual has or is engaged in terrorist activity.
IPD may, upon the written legal opinion of the Office of the City Attorney, respond affirmatively to an ICE or CBP request for nonpublic information about an individual, including but not limited to nonpublic information about an individual's release, home address, or work address, only if the request is accompanied by a judicial warrant:
Except that nothing in this law prohibits IPD from:
Sending to or receiving from any local, state, or federal agency, as per 8 U.S.C. § 1373, (i) information regarding an individual's country of citizenship or (ii) a statement of the individual's immigration status; or
Disclosing information about an individual's criminal arrests or convictions, where disclosure of such information about the individual is otherwise permitted by state law or required pursuant to subpoena or court order; or
Disclosing information about an individual's juvenile arrests or delinquency or youthful offender adjudications, where disclosure of such information about the individual is otherwise permitted by state law or required pursuant to subpoena or court order.
IPD shall limit the information collected from individuals concerning immigration or citizenship status to that necessary to perform agency duties and shall prohibit the use or disclosure of such information in any manner that violates federal, state, or local law.
IPD shall not provide ICE or CBP with access to an individual in its custody or the use of IPD facilities to question or interview such individual if ICE or CBP's sole purpose is enforcement of federal immigration law. A determination under this section that ICE or CBP's sole purpose is not enforcement of federal immigration law may only be reached upon the written legal opinion of the Office of the City Attorney.
IPD shall not delay bail and/or release from custody upon posting of bail solely because of (i) an individual's immigration or citizenship status, (ii) a civil immigration warrant, or (iii) an ICE or CBP request, for the purposes of immigration enforcement, for notification about, transfer of, detention of, or interview or interrogation of that individual.
Upon receipt of an ICE or CBP detainer, transfer, notification, interview or interrogation request, IPD shall provide a copy of that request to the individual named therein and inform the individual whether IPD will comply with the request before communicating its response to the requesting agency.
Individuals in IPD's custody shall be subject to IPD's booking, processing, release, and transfer procedures, policies, and practices, regardless of actual or suspected citizenship or immigration status.
Neither the City of Ithaca nor any City personnel may use City funds, facilities, property, equipment, or personnel to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, gender identity, sexual orientation, religion, ethnicity, or national origin.
City personnel shall not inquire about or request proof of immigration status or citizenship when providing services or benefits, except where the receipt of such services or benefits are contingent upon one's immigration or citizenship status or where inquiries are otherwise lawfully required by federal, state, or local laws.
IPD shall establish a Language Assistance Policy for individuals with Limited English Proficiency and provide interpretation or translation services consistent with that policy.
IPD shall record, solely to create the reports described in Subsection B below, the following for each immigration detainer, notification, transfer, interview, or interrogation request received from ICE or CBP:
The subject individual's race, gender, and place of birth;
Date and time that the subject individual was taken into custody, the location where the individual was held, and the arrest charges;
Date and time of IPD receipt of the request;
The requesting agency;
Immigration or criminal history indicated on the request form, if any;
Whether the request was accompanied by any documentation regarding immigration status or proceedings, e.g., a judicial warrant;
Whether a copy of the request was provided to the individual and, if yes, the date and time of notification;
Whether the individual consented to the request;
Whether the individual requested to confer with counsel regarding the request;
IPD's response to the request, including a decision not to fulfill the request;
If applicable, the date and time that ICE or CBP took custody of, or was otherwise given access to, the individual; and
Date and time of the individual's release from IPD's custody.
IPD shall provide annual reports to the Common Council and the City Clerk, who shall make the same publicly available, regarding the information collected in Subsection A above in an aggregated form that is stripped of all personal identifiers in order that IPD and the community may monitor IPD's compliance with all applicable law.