This will be voted on at the Appointments and Ordinances Committee on July 10th, and the full City Council on July 17th. 

 

An Ordinance Establishing the City of Greenfield as a Safe City

Submitted by President Renaud

June 26, 2019

 

Preamble

This ordinance shall be known as the City of Greenfield Safe City Ordinance. The purpose of the Ordinance is to affirm that Greenfield is a welcoming city, which embraces everyone including but not limited to the immigrant, the refugee, the asylum seeker and anyone of good faith and good will who wishes to be a member of our community. The purpose of this ordinance is to promote a sense of openness and trust between all members of our community and to let all people know that they are welcome here.

 

Definitions

(a)     “City official" means any City of Greenfield department and its employees and any officer or employee of the City authorized, or with the power, to enforce regulations, codes, local ordinances, or criminal statutes; or authorized to detain or maintain custody of individuals.

(b)    "Civil immigration detainer request" means a non-mandatory, written or verbal, request issued by Immigration and Customs Enforcement (“ICE”) or by any other federal immigration officer or agency to a local law enforcement official, either (1) to maintain custody of an individual once that person is eligible for release from local custody, or (2) to notify the requesting federal immigration office or official prior to the release of that individual.

(c)     “Eligible for release from custody” means that there is no judicial warrant, judicial order or law that prevents an individual from being released from the custody of a Greenfield official.

(d)     "ICE administrative warrant" means a warrant, notice to appear, removal order, or warrant of deportation issued by a federal immigration officer, not a judicial officer, that does not confer detention authority on a local jurisdiction.

Maintaining a Safe City

(a)     A city official shall not inquire as to an individual's immigration status unless required by federal or state law.

(b)     A city official shall not target with legal action or discriminate against a medical, educational, or faith institution in their mission of providing refuge to immigrants and their families.

(c)    A city official shall not initiate an investigation or take law enforcement action, including regulatory action, on the basis of actual or perceived immigration status.

(d)    Notwithstanding sections 2(a) and 2(c) above, a person’s immigration status shall not prohibit or inhibit the City or any city official’s participation in any government operation or program that confers an immigration benefit, or temporarily or permanently protects noncitizens from removal as provided through programs such as the U Visa, the T Visa, and the federal Violence Against Women Act.

(e)   When an individual is eligible for release from custody, a city official shall not detain nor delay the release of an individual on the basis of a civil immigration detainer request or an ICE administrative warrant for the individual.

 

(f)      A city official shall honor judicial warrants, but shall not respond to an ICE request for notification about the incarceration status or pending release of a person in custody and shall not otherwise communicate with ICE about a person who is in its custody, including providing information about the person's release from custody, home address, work address, or phone number.

(g)     To the extent permissible by law, a city official shall not perform the functions of an immigration officer, whether pursuant to 8 U.S.C. section 1357(g) or any other law, regulation, or policy, whether formal or informal.

Compliance with Federal Law

Nothing in this ordinance shall prohibit or restrain any city official sending to, or receiving from, any local, state, or federal agency, information regarding citizenship or immigration status, consistent with 8U.S.C. section 1373. 

Effective Date

The provisions of this ordinance shall be effective immediately upon passage.

Implementation

All policies, practices, procedures, and training necessary to effectively implement this ordinance shall be implemented by the City and its departments.

Severability

If any part of this ordinance is declared invalid for any reason, the remainder of the ordinance shall remain in full force and effect.