(A) A public servant is prohibited from inquiring into the immigration status of any person or engaging in activities designed to ascertain the immigration status of any person, while acting within the scope of his or her authority or employment, as a public servant.
(B) Notwithstanding the prohibitions set forth in division (A) above of this section, public servants are expressly permitted to engage in the following activities, which shall not constitute a violation of this chapter:
(1) Solicit information concerning immigration status where specifically required by a federal, state or city law or program as a condition of eligibility for the service sought;
(2) Solicit information concerning immigration status for the purpose of completing I-9 Forms, and when relevant, in making hiring and payroll withholding decisions, including, but not limited to, completing I-9 Forms, questioning a person to complete the I-9 Form, obtaining documents that support the I-9 Form, and allowing federal authorities to audit an I-9 Form in accordance with law;
(3) Solicit information concerning immigration status for a subpoena issued in a criminal proceeding, civil litigation or an administrative proceeding for the production of city documents or for testimony of a public servant, including where related to immigration issues or other security issues; or
(4) Solicitation of information concerning immigration status by a public servant, who is a police officer, as set forth in § 38.005.
(Ord. 2008-1, passed 1-22-2008) Penalty, see § 38.999