Public servants and police officers:
(A) Shall not solicit information concerning immigration status for the purpose of ascertaining a person’s compliance with federal immigration law;
(B) Shall not solicit information concerning immigration status from a person who is seeking police and other city services, or is a victim or is a witness; and/or
(C) Notwithstanding the prohibitions set forth in divisions (A) and (B) above of this section, public servants, who are police officers, are expressly permitted to engage in the following activities, which shall not constitute a violation of this chapter:
(1) Solicit information concerning immigration status when performing public safety functions while assisting federal law enforcement in the investigation of a criminal offence under the United States Code or other federal law; and/or
(2) Solicit information concerning immigration status from the subject of a criminal offense or when processing an arrested person.
(Ord. 2008-1, passed 1-22-2008) Penalty, see § 38.999