[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.
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).
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.
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.
A.
IPD shall not stop, question, interrogate, investigate, or arrest
an individual based solely on any of the following:
B.
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.
C.
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.
A.
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:
(1)
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:
(a)
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
(b)
There is probable cause to believe that the individual has or
is engaged in terrorist activity.
A.
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:
(1)
Except that nothing in this law prohibits IPD from:
(a)
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
(b)
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
(c)
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.
(2)
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
IPD shall establish a Language Assistance Policy for individuals
with Limited English Proficiency and provide interpretation or translation
services consistent with that policy.
A.
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:
(1)
The subject individual's race, gender, and place of birth;
(2)
Date and time that the subject individual was taken into custody,
the location where the individual was held, and the arrest charges;
(3)
Date and time of IPD receipt of the request;
(4)
The requesting agency;
(5)
Immigration or criminal history indicated on the request form, if
any;
(6)
Whether the request was accompanied by any documentation regarding
immigration status or proceedings, e.g., a judicial warrant;
(7)
Whether a copy of the request was provided to the individual and,
if yes, the date and time of notification;
(8)
Whether the individual consented to the request;
(9)
Whether the individual requested to confer with counsel regarding
the request;
(10)
IPD's response to the request, including a decision not to fulfill
the request;
(11)
If applicable, the date and time that ICE or CBP took custody
of, or was otherwise given access to, the individual; and
(12)
Date and time of the individual's release from IPD's custody.
B.
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.