(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
(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) (1) No agency or agent shall be permitted to accept requests by ICE or other agencies to support or assist in any capacity with immigration enforcement operations, including, but not limited to requests to provide information on persons who may be the subject of immigration enforcement operations (except as may be required under § 39.059), to establish traffic perimeters, or to otherwise be present to assist or support an operation.
(2) In the event an agent receives a request to support or assist in an immigration enforcement operation 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 to the agency director through the chain of command.
(C) No agency or agent shall enter into an agreement under U.S.C. Title 8 § 1357(g) or any other federal law that permits state or local government entities to enforce federal civil immigration laws.
(D) Unless presented with a valid and properly issued criminal warrant, 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;
(3) Permit ICE agents use of agency facilities, information (except as may be required under § 39.059), or equipment, including any agency electronic databases, for investigative interviews or other investigative purpose or for purposes of executing an immigration enforcement operation; or
(4) Expend the time of the agency or agent in responding to ICE inquiries or communicating with ICE regarding a person’s custody status, release date, or contact information.
(Ord. 17-0010, passed 6-26-2017)