(a) Stop, question, interrogate, investigate or arrest an individual based solely on (i) actual or suspected immigration or citizenship status, or (ii) a “civil immigration warrant,” administrative warrant, or an immigration detainer in the individual’s name, including those identified in the National Crime Information Center database;
(b) Inquire about the immigration status of an individual, including a crime victim, a witness, or a person who calls or approaches the police seeking assistance, unless necessary to investigate criminal activity by that individual; or
(c) Perform the functions of a federal immigration officer or otherwise engage in the enforcement of federal immigration law, whether pursuant to 8 U.S.C §1357(g) or any other law, regulation or policy.
2. Detainer Requests. City employees and officials shall decline to respond affirmatively to a “civil immigration detainer” or similar request, unless (a) the request is accompanied by a judicial warrant, or (b) the police chief has determined there is probable cause to believe that the individual either (i) has illegally re-entered the country after a previous removal and has been convicted of a New York Penal Law Class A felony or Class B violent felony (or of an equivalent federal crime or crime under the law of another state); or (ii) has or is engaged in terrorist activity.
3. Information Requests. Subject to the ability of supervisory police officials to exercise their sound judgment as necessary to protect public safety, all City employees and officials shall:
(a) Decline to respond affirmatively to requests from the U.S. Immigration and Customs Enforcement (“ICE”) or Customs and Border Protection (“CBP”) for non-public information about an individual unless the request is accompanied by a judicial warrant or has a legitimate law enforcement purpose exclusive of the enforcement of immigration laws; EXCEPT that nothing in this resolution shall restrict any City employee or official from complying with the requirements of 8 U.S.C. § 1373 insofar as (i) sending to, or requesting or receiving from ICE information regarding an individual’s citizenship or immigration status, whether lawful or unlawful, (ii) maintaining such information, (iii) exchanging such information with any other federal, state or local government entity; or (iv) otherwise disclosing information about an individual’s criminal arrests or convictions, or juvenile arrests, delinquency or youthful offender adjudications, where disclosure is otherwise permitted by state law or required pursuant to subpoena or court order;
(b) Limit the information collected from individuals concerning immigration or citizenship status to that necessary to perform agency duties and shall prohibit the use or disclosure of such information in any manner that violates federal, state, or local law; and
(c) Inform the City Administrator of all requests received from ICE or CBP, who shall report on requests to the Mayor and City Council.
6. Local Resources. City employees and officials shall not use city funds, facilities, property, equipment, or personnel to investigate, enforce or otherwise assist any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, ethnicity or national origin, including but not limited to ICE’s 287(g) program.
