When used in this chapter, the following terms shall have the
following meanings:
CBP
United States Customs and Border Protection, including any
successor federal agency(s) tasked with immigration, customs, and/or
border enforcement.
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 United States Immigration and Customs Enforcement ("ICE")
or Customs and Border Protection ("CBP") officials.
ICE
United States Immigration and Customs Enforcement, including
any successor federal agency(s) tasked with immigration, customs,
and border enforcement.
NPPD
New Paltz Police Department, including entities, efforts,
and initiatives jointly operated or pursued by officers of the New
Paltz Police Department, acting in their official capacity, and others
(e.g., the Joint Special Weapons and Tactics Team).
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.
NPPD shall not provide ICE or CBP with access to an individual
in its custody or the use of NPPD facilities to question or interview
such individual if ICE or CBP's sole purpose is enforcement of
federal immigration law.
Neither the NPPD nor any Town personnel may use Town 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,
sexual orientation, religion, ethnicity, or national origin.
Town 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.
Any member of the NPPD, municipal officer or employee who violates
any provision of this chapter may be disciplined in accordance with
the provisions of an applicable collective bargaining agreement or,
in the case where an officer or employee is not covered by a collective
bargaining agreement, in the manner provided by law.