(A) No agency or agent shall stop, arrest, detain, or continue to detain a person after that person becomes eligible for release from custody, or is free to leave an encounter with an agent or agency, based on any of the following:
(1) An immigration detainer;
(2) An administrative warrant (including but not limited to entered into the Federal Bureau of Investigation's National Crime Information Center database), or otherwise comply with an administrative warrant, after that person becomes eligible for release from custody; or
(3) Any other basis that is based solely on the belief that the person is not present legally in the United States, or that the person has committed a civil immigration violation.
(B) No agency or agent shall be permitted to accept requests by ICE to support or assist in any capacity with immigration enforcement operations, including but not limited to, requests to provide information on persons that may be the subject of immigration enforcement operations, to establish traffic perimeters, or to otherwise be present to assist or support an operation, except if such a request is supported by a valid and enforceable court order, including a subpoena. In the event an agent receives a request to support or assist in an immigration enforcement operation on the belief that the person is not present legally in the United States, or that the person has committed a civil immigration violation he or she shall report the request to his or her supervisor, who shall decline the request and document the declination in an interoffice memorandum.
(C) No agency or agent shall enter into an agreement under 8 U.S.C. § 1357(g) or any other federal law that permits state or local governmental entities to enforce federal civil immigration laws.
(D) Unless presented with a valid and properly issued criminal warrant or other court order, no agency or agent shall:
(1) Permit ICE agents access to a person being detained by, or in the custody of, the agency or agent;
(2) Transfer any person into ICE custody; or
(3) Permit ICE agents use of agency facilities, information, or equipment, including any agency electronic databases, for investigative interviews or other investigative purpose or for purposes of executing an immigration enforcement operation.
(Ord. 17-08, passed 4-11-2017)