[HISTORY: Adopted by the City Council of the City of Greenfield 8-21-2019 by Order No. FY 20-016.[1] Amendments noted where applicable.]
[1]
Editor’s Note: Following receipt of a citizens’ petition this ordinance was placed upon the official ballot at the General City Election held 11-5-2019. The ordinance was upheld by a majority of the voters voting in said General Election, allowing the ordinance to go into effect.
A. 
This chapter shall be known as the "City of Greenfield Safe City Ordinance."
B. 
The purpose of the chapter is to affirm that Greenfield is a welcoming city, which embraces everyone, including but not limited to the immigrant, the refugee, the asylum seeker and anyone of good faith and good will who wishes to be a member of our community. The purpose of this chapter is to promote a sense of openness and trust between all members of our community and to let all people know that they are welcome here.
As used in this chapter, the following terms shall have the meanings indicated:
CITY OFFICIAL
Any City of Greenfield department and its employees and any officer or employee of the City authorized, or with the power, to enforce regulations, codes, local ordinances, or criminal statutes; or authorized to detain or maintain custody of individuals.
CIVIL IMMIGRATION DETAINER REQUEST
A nonmandatory, written or verbal, request issued by Immigration and Customs Enforcement ("ICE") or by any other federal immigration officer or agency to a local law enforcement official, either 1) to maintain custody of an individual once that person is eligible for release from local custody, or 2) to notify the requesting federal immigration office or official prior to the release of that individual.
ELIGIBLE FOR RELEASE FROM CUSTODY
There is no judicial warrant, judicial order or law that prevents an individual from being released from the custody of a Greenfield official.
ICE ADMINISTRATIVE WARRANT
A warrant, notice to appear, removal order, or warrant of deportation issued by a federal immigration officer, not a judicial officer, that does not confer detention authority on a local jurisdiction.
A. 
A City official shall not inquire as to an individual's immigration status unless required by federal or state law.
B. 
A City official shall not target with legal action or discriminate against a medical, educational, or faith institution in their mission of providing refuge to immigrants and their families.
C. 
A City official shall not initiate an investigation or take law enforcement action, including regulatory action, on the basis of actual or perceived immigration status.
D. 
Notwithstanding Subsections A and C above, a person's immigration status shall not prohibit or inhibit the City or any City official's participation in any government operation or program that confers an immigration benefit, or temporarily or permanently protects noncitizens from removal as provided through programs such as the U Visa, the T Visa, and the federal Violence Against Women Act.
E. 
When an individual is eligible for release from custody, a City official shall not detain nor delay the release of an individual on the basis of a civil immigration detainer request or an ICE administrative warrant for the individual.
F. 
A City official shall honor judicial warrants, but shall not respond to an ICE request for notification about the incarceration status or pending release of a person in custody and shall not otherwise communicate with ICE about a person who is in its custody, including providing information about the person's release from custody, home address, work address, or phone number.
G. 
To the extent permissible by law, a City official shall not 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.
Nothing in this chapter shall prohibit or restrain any City official sending to, or receiving from, any local, state, or federal agency, information regarding citizenship or immigration status, consistent with 8 U.S.C. § 1373.
All policies, practices, procedures, and training necessary to effectively implement this chapter shall be implemented by the City and its departments.
If any part of this chapter is declared invalid for any reason, the remainder of the chapter shall remain in full force and effect.