For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE WARRANT. An immigration warrant of arrest, order to detain or release aliens, notice of custody determination, notice to appear, removal order, warrant of removal, or any other document issued by ICE that can form the basis for an individual’s arrest or detention for a civil Immigration enforcement purpose. This definition does not include any criminal warrants issued upon a judicial determination of probable cause and in compliance with the requirements of the Fourth Amendment to the United States Constitution and the State Constitution.
AGENCY. Every municipal department, agency, division, commission, council, committee, board, other body, or person established by authority of an ordinance, executive order, or City Council order.
AGENT. Any person employed by or acting on behalf of an agency.
CERTIFICATION. Any law enforcement certification or statement required by federal immigration law including, but not limited to, the information required by U.S.C. Title 8 § 1184(p) (including current United States Citizenship and Immigration Service Form I-918, Supplement B, or any successor forms) for purposes of obtaining a U visa, or by U.S.C. Title 8 § 1184(o) (including current United States Citizenship and Immigration Service Form I-914, Supplement B, or any successor forms) for purposes of obtaining a T visa.
CERTIFYING AGENCY. A municipal law enforcement agency or other authority that has responsibility for the investigation or prosecution of criminal activity. CERTIFYING AGENCY includes any agency that has criminal investigative jurisdiction in its respective areas of expertise.
CITIZENSHIP OR IMMIGRATION STATUS. All matters regarding questions of citizenship of the United States or any other country, the authority to reside in or otherwise be present in the United States, the time and manner of a person’s entry into the United States, or any other immigration matter enforced by the Department of Homeland Security or successor or other federal agency charged with the enforcement of civil immigration laws.
COERCE. To use express or implied threats towards a person or any family member of a person that attempts to put that person in immediate fear of the consequences in order to compel that person to act against his or her will.
CONTACT INFORMATION. Home address, work address, telephone number, electronic mail address, social media contact information, or any other means of contacting an individual.
ELIGIBLE FOR RELEASE FROM CUSTODY. The person may be released from custody because one of the following conditions has occurred:
(1) All criminal charges against the person have been dropped or dismissed;
(2) The person has been acquitted of all criminal charges filed against him or her;
(3) The person has served all the time required for his or her sentence;
(4) The person has posted a bond; and/or
(5) The person is otherwise eligible for release under state or local law, or local policy.
FAMILY MEMBER. A person’s:
(1) Mother, father, spouse, brother or sister (including blood, step, or half), son or daughter (including blood, step, or half), father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, grandparent, or grandchild;
(2) Court-appointed legal guardian or a person for whom the person is a court-appointed legal guardian; or
(3) Domestic partner or the domestic partner’s mother, father, brother, sister (including blood, step, or half), son or daughter (including blood, step, or half).
ICE. The United States Immigration and Customs Enforcement Agency and shall include any successor agency charged with the enforcement of civil immigration laws.
IMMIGRATION DETAINER. A request by ICE to a federal, state, or local law enforcement agency that requests that the law enforcement agency provide notice of release or maintain custody of an individual based on an alleged violation of a civil immigration law, including detainers issued pursuant to U.S.C. Title 8 §§ 1226 or 1357 or C.F.R. Title 8 § 287.7 or 236.1.
IMMIGRATION ENFORCEMENT OPERATION. Any operation that has as one of its objectives the identification or apprehension of a person or persons:
(1) In order to subject them to civil immigration detention, removal proceedings, and removal from the United States; or
(2) To criminally prosecute a person or person for offenses related to immigration status, including but not limited to violations of U.S.C. Title 8 §§ 1253, 1304, 1306(a), and (b), 1325, or 1326.
QUALIFYING CRIMINAL ACTIVITY. Any activity involving one or more of the following or any similar activity in violation of federal, state, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder, felonious assault; witness tampering; obstruction of justice; perjury; fraud in foreign labor contracting (as defined in U.S.C. Title 18 § 1351); or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes. This list of qualifying criminal activity is not a list of specific statutory violations, but instead a list of general categories of criminal activity. Activity not listed in the first sentence of this definition shall be presumed to be qualifying criminal activity when there is an articulable similarity to any qualifying criminal activity listed herein. QUALIFYING CRIMINAL ACTIVITY that occurs during the commission of nonqualifying criminal activity shall be considered qualifying criminal activity regardless of whether criminal prosecution was sought for the qualifying criminal activity.
VERBAL ABUSE. The use of a remark which is overtly insulting, mocking, or belittling directed at a person based upon the actual or perceived:
(1) Race, color, sex, religion, nation origin, English proficiency, sexual orientation, or gender identity of that person; or
(2) Citizenship or immigration status of that person or that person’s family member.
VICTIM OF QUALIFYING CRIMINAL ACTIVITY. Any individual who has reported qualifying criminal activity to a law enforcement agency or certifying agency, or has otherwise participated in the detection, investigation, or prosecution of qualifying criminal activity, who has suffered direct or proximate harm as a result of the commission of any qualifying criminal activity and may include, but is not limited to, an indirect victim, regardless of the direct victim’s immigration or citizenship status, including the spouse, children under 21 years of age, and, if the direct victim is under 21 years of age, deceased, incompetent, or incapacitated, parents and unmarried siblings under 18 years of age of the direct victim.
(1) A bystander victim may also be considered as a VICTIM OF QUALIFYING CRIMINAL ACTIVITY. More than one victim may be identified and provided with certification depending upon the circumstances. A VICTIM OF QUALIFYING CRIMINAL ACTIVITY may also include a victim of a severe form of trafficking in persons as defined in U.S.C. Title 22 § 7102.
(2) For purposes of this definition, the term INCAPACITATED means unable to interact with law enforcement agency or certifying agency personnel as a result of a cognitive impairment or other physical limitation, or because of physical restraint or disappearance.
(Ord. 17-0010, passed 6-26-2017)