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City of Northampton, MA
Hampshire County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
[Adopted 12-5-2019 by Ord. No. 19.153]
As used in this article, the following terms shall have the meanings indicated:
ELIGIBLE FOR RELEASE FROM CUSTODY
There is no judicial warrant, judicial order or law that prevents an individual from being released from custody of the City.
IMMIGRATION DETAINERS or ICE DETAINERS
Requests made by federal immigration officials, including but not limited to those authorized under Section 287 .7 of Title 8 of the Code of Federal Regulations to local law enforcement or courts to voluntarily maintain custody of an individual once that individual is released from local custody, and/or to notify a federal agency before the pending release of an individual.
IMMIGRATION ENFORCEMENT
Refers to the federal agency Immigration and Customs Enforcement (ICE), and any other federal agency charged with the enforcement of immigration laws.
A. 
It is the policy of the City of Northampton that unless required by state or federal law, the City shall not take any action for the sole purpose of facilitating federal immigration enforcement, including providing nonmandatory information to any state or federal agency.
B. 
Furthermore, City resources shall not be used:
(1) 
To determine the immigration status of a person unless such inquiry is required by state or federal law or to provide a public benefit.
(2) 
To take action on the basis of actual or perceived immigration status, unless to provide a public benefit.
(3) 
To neither detain nor delay the release of an individual otherwise eligible for release from custody on the basis of an immigration detainer.
(4) 
To perform the functions of an immigration officer, whether pursuant to 8 U.S.C. § 1357(g) or any other law, regulation, or policy, whether formal or informal.
C. 
A person's immigration status shall not prohibit or inhibit the City's participation in any government operation or program that confers an immigration benefit, including temporarily or permanently protecting noncitizens from removal as provided through programs such as the U Visa, the T Visa, and the federal Violence Against Women Act.
A. 
The Mayor shall enforce this article and promulgate the necessary policies, procedures, directives, and training necessary to effectively and faithfully enforce and implement this article.
B. 
Nothing in this article shall be construed to violate any valid federal law, or to prohibit any City official from providing another law enforcement agency citizenship or information status, consistent with 8 U.S.C. § 1373.