This chapter shall be known as the "Carlisle Community Trust and Local Autonomy Ordinance."
[HISTORY: Adopted by the Borough Council of the Borough of Carlisle 11-13-2025 by Ord. No. 2462. Amendments noted where applicable.]
The purpose of this chapter is to enact policies that strengthen trust between Borough agencies and all members of the community, to ensure that Borough resources are used for local purposes, and to affirm the Borough's authority under its Home Rule Charter. This chapter ensures that the enforcement of federal civil immigration law remains the responsibility of the federal government and that the Borough's focus is on serving all its residents.
For the purposes of this chapter, the following terms shall have the following meanings:
A warrant issued and signed by a federal official who has not been appointed under Article III of the U.S. Constitution. Unless otherwise advised by the Borough Solicitor, an administrative warrant shall not be construed to have the same power to compel Borough action as a judicial warrant issued under the signature of an Article III judicial officer.
Any person employed by or acting on behalf of the Borough, including law enforcement officers and all other municipal employees.
Any Borough department, office, division, commission, board, or other body of the Borough of Carlisle.
Any Borough funds, facilities, property, equipment, or personnel.
Any request, notice, or form issued by a federal agency (e.g., Form I-247A, I-247D, I-247N) asking a local law enforcement agency to voluntarily maintain custody of an individual after they would otherwise be eligible for release, or to provide notification of their release, for purposes of civil law enforcement.
A warrant, based on probable cause, that is issued and signed by a federal or state judge or magistrate under Article III of the U.S. Constitution or relevant state authority. A judicial warrant does not include an administrative warrant of arrest or removal (e.g., Form I-200, I-205) issued by an immigration official.
A.
No Borough agent shall inquire about an individual's citizenship or immigration status unless such inquiry is directly relevant to determining eligibility for a specific service, benefit, or public employment as required by federal or state law, or is reasonably necessary in the course of a criminal investigation for a violation of state or local law.
B.
No Borough agent shall condition the provision of Borough services or benefits on matters related to citizenship or immigration status, unless mandated by federal or state law or a court order.
C.
All applications and forms used by the Borough shall be reviewed, and any question regarding citizenship or immigration status not expressly required by law shall be removed.
D.
Where a photo ID is accepted as proof of identity, a Borough agent shall accept any valid, unexpired photo identification document issued by a foreign government, and shall not subject the holder to a higher level of scrutiny than if the ID were issued by a U.S. authority. This does not supersede requirements of specific federal or state forms or laws (e.g., Form I-9).
A.
Unless otherwise required by binding order of a court of competent jurisdiction, no Borough agent shall stop, arrest, detain, or continue to detain a person in response to a civil detainer request or an administrative warrant after that person is eligible for release from custody.
B.
Borough resources shall not be used to support or assist in federal operations conducted for the purpose of civil immigration enforcement, except in response to an imminent and significant threat to life or public safety, or when required by binding order of a court of competent jurisdiction or to execute a judicial warrant.
C.
No Borough agent shall grant federal civil enforcement officials access to nonpublic Borough facilities, databases, or equipment for the purpose of civil immigration enforcement without first confirming that a valid judicial warrant exists. This does not prohibit the sharing of information regarding citizenship or immigration status as lawfully permitted or required under 8 U.S.C. §§ 1373 and 1644.
D.
The Borough shall not enter into agreements (such as those under 287(g) of the U.S. Immigration and Nationality Act) that deputize agents to perform the functions of a federal civil immigration officer.
In accordance with the Borough's Home Rule authority, any new directive, regulation, or mandate from a state or federal source that would require the use of Borough resources or affect Borough policy shall be subject to review by the Borough Solicitor to determine its legality, constitutionality, and fiscal impact on the Borough before any action toward compliance is taken. The Solicitor shall provide a report to Borough Council with recommendations.
If any section, clause, or provision of this chapter is declared invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this chapter.
This chapter shall take effect immediately upon its passage and approval.