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HomeMy WebLinkAbout3316RESOLUTION NO. 3316 A RESOLUTION of the City Council of the City of Bremerton, Washington, affirming the City's commitment to the principles of equity and inclusion and will continue to implement practices that seek to improve opportunities and quality of life for all residents, regardless of race, ethnicity, gender, country of origin, immigration status, sexual orientation, gender identity, or religious beliefs. WHEREAS, recently flyers were posted throughout the City promoting the website of a known white supremacist groups and WHEREAS, immigration status is enforced under Federal law, but community concerns have been brought to the City Council's attention regarding potential local enforcement of immigration laws; and WHEREAS, City services are to be provided to all residents who so qualify and City employees shall not ask for immigration status from a resident in providing a service, unless they are required to do so by state or federal law. WHEREAS, since 2014, the City of Bremerton Police Department has had a policy of non -participation in direct immigration enforcement and does not inquire as to an individual's immigration status or require documentation of citizenship as outlined in Policy 428 A the Bremerton Police Department Manual; and WHEREAS, the City Council wholly rejects the promotion of any regressive ideologies that promote discrimination, bigotry, hatred, and violence; and the City Council supports the purpose outlined in the Bremerton Police Policy Manual, that all individuals, regardless of their immigration status, must feel secure that contacting law enforcement will not make them vulnerable to deportation; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION I. The City Council hereby affirms the City's commitment to the principles of equity and inclusion and will continue to implement practices that seek to improve opportunities and quality of life for all residents, regardless of race, ethnicity, gender, country of origin, immigration status, sexual orientation, gender identity, or religious beliefs. SECTION2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION I Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council day of AA C4, Y , 2019. APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney R:\LegalU.egal\Resolutions\City CouncilUmmigration Resolution.doc of the City of Bremerton, Washington thisOAL'Th ERIC Y ATTEST: AN GER, �uncil President WOODS, City Clerk Bremerton Police Department Policy Manual Immigration Violations 428.1 PURPOSE AND SCOPE All individuals, regardless of their immigration status, must feel secure that contacting law enforcement will not make them vulnerable to deportation. Officers should not attempt to determine the immigration status of crime victims and witnesses or take enforcement action against them absent exigent circumstances or reasonable cause to believe that a crime victim or witness is involved in violating criminal laws related to immigration status. Generally, if an officer suspects that a victim or witness is an undocumented immigrant, the officer need not report the person to ICE unless circumstances indicate such reporting is reasonably necessary. Nothing in this policy is intended to restrict officers from exchanging legitimate law enforcement information with any other federal, state or local government entity (Title 8 U.S.C. §1373 and 8 U.S.C. § 1644). The immigration status of individuals alone is generally not a matter for police action. It is incumbent upon all employees of this Department to make a personal commitment to equal enforcement of the law and equal service to the public regardless of immigration status. Confidence in this commitment will increase the effectiveness of the Department in protecting and serving the entire community. 428.2 DEPARTMENT POLICY The U.S. Immigration and Customs Enforcement (ICE) has primary jurisdiction for enforcement of the provisions of Title 8, United States Code (U.S.C.) dealing with illegal entry. When assisting ICE at its specific request, or when suspected criminal violations are discovered as a result of inquiry or investigation based on probable cause originating from activities other than the isolated violations of Title 8, U.S.C., §§ 1304, 1324, 1325 and 1326, this Department may assist in the enforcement of federal immigration laws. It is the policy of this department that we do not ask about immigration status unless it is directly related to the crime being investigated. 428.3 PROCEDURES FOR IMMIGRATION COMPLAINTS Persons wishing to report immigration violations should be referred to the local office of the U.S. Immigration and Customs Enforcement (ICE). The Employer Sanction Unit of ICE has primary jurisdiction for enforcement of Title 8, U.S.C. 428.3.1 BASIS FOR CONTACT Unless immigration status is relevant to another criminal offense or investigation (e.g., harboring, smuggling, terrorism), the fact that an individual is suspected of being an undocumented alien shall not be the sole basis for contact, detention or arrest. 428.3.2 SWEEPS The Bremerton Police Department does not independently conduct sweeps or other concentrated efforts to detain suspected undocumented aliens. Immigration Violations - 319 Adoption Date: 2016/08/24 © 1995-2016 Lexipol, LLC Bremerton Police Department Policy Manual Immigration Violations When enforcement efforts are increased in a particular area, equal consideration should be given to all suspected violations and not just those affecting a particular race, ethnicity, age, gender, sexual orientation, religion, socioeconomic status or other group. The disposition of each contact (e.g., warning, citation, arrest), while discretionary in each case, should not be affected by such factors as race, ethnicity, age, gender, sexual orientation, religion or socioeconomic status. 428.3.3 ICE REQUEST FOR ASSISTANCE If a specific request is made by ICE or any other federal agency, this Department will provide available support services, such as traffic control or peacekeeping efforts, during the federal operation. Employees of this Department should not participate in such federal operations as part of any detention team unless it is in direct response to a request for assistance on a temporary basis or for officer safety. Any detention by an employee of this Department should be based upon the reasonable belief that an individual is involved in criminal activity. 428.3.4 IDENTIFICATION Whenever any individual is reasonably suspected of a criminal violation (infraction, misdemeanor, or felony), the investigating officer should take reasonable steps to determine the person's identity through valid identification or other reliable sources. If an individual would have otherwise been released for an infraction or misdemeanor on a citation, the person should be given a reasonable opportunity to verify his/her true identity. If the person's identity is thereafter reasonably established, the original citation release should be completed without consideration of immigration status. 428.3.5 ARREST If the officer intends to take enforcement action and the individual is unable to reasonably establish his/her true identity, the officer may take the person into custody on the suspected criminal violation (RCW 10,31.100). 428.3.E BOOKING If the officer is unable to reasonably establish an arrestee's identity, the individual may be booked into jail for the suspected criminal violation and held for bail. Any person detained for an infraction pursuant to the authority of RCW 46.61.021, may be detained for a reasonable period for the purpose of determining the person's true identity. 428.4 U-VISA/T-VISA NONIMMIGRANT STATUS Under certain circumstances, federal law allows temporary immigration benefits to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U and T)). A declaration/certification for a U-Visa/T-Visa from the U.S. Citizenship and Immigration Services must be completed on the appropriate U.S. Department of Homeland Security (DHS) Form I-918 or k914 by law enforcement Immigration Violations - 320 Adoption Date: 2016/08/24 ©1995-2016 Lexipol, LLC Bremerton Police Department Policy Manual Immigration Violations and must include information on how the individual can assist in a criminal investigation or prosecution in order for a U-Visa/T-Visa to be issued. Any request for assistance in applying for U-Visa/T-Visa status should be forwarded in a timely manner to the General Investigations Unit sergeant assigned to supervise the handling of any related case. The General Investigations Unit sergeant should do the following: (a) Consult with the assigned detective to determine the current status of any related case and whether further documentation is warranted. (b) Review the instructions for completing the declaration/certification if necessary. Instructions for completing Forms I-918/I-914 can be found on the U.S. DHS web site at http:// www,uscis.gov/portal/site/uscis. (c) Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the declaration/certification has not already been completed and whether a declaration/ certification is warranted. (d) Address the request and complete the declaration/certification, if appropriate, in a timely manner. (e) Ensure that any decision to complete or not complete the form is documented in the case file and forwarded to the appropriate prosecutor. Include a copy of any completed certification in the case file. Immigration Violations - 321 Adoption Date: 2016/08/24 © 1995-2016 Lexipol, LLC