Chapter 2.129 Welcoming Community Ordinance

Chapter 2.129 WELCOMING COMMUNITY ORDINANCE

Sections: 2.129.010 Purpose. The purpose of this Chapter is to establish the City of Cambridge as a Welcoming City, to declare that all are welcome here, and to increase public confidence in the City of Cambridge's government by establishing standards associated with the City's voluntary involvement in federal immigration enforcement. 2.129.020 Preamble.

It is not within the purview nor mandate of the City of Cambridge to enforce federal immigration law or seek the detention, transfer or deportation of Cambridge residents for civil immigration purposes, nor should the City's resources be expended toward that end. The City of Cambridge will equally enforce the law and serve the public without consideration of immigration status, citizenship, national origin, race, or ethnicity. 2.129.030 Definitions.

“Federal Immigration Authority.” Any federal department, agency, component, task force, or officer whose primary or secondary function includes the enforcement of civil immigration law, including but not limited to the Department of Homeland Security (DHS) and the agencies within DHS, which include U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), U.S.

Citizenship and Immigration Services (USCIS), and Homeland Security Investigations (HIS), or any successor entity. "Immigration detainers, also known as ICE detainers." Requests made by federal immigration officials, including but not limited to those authorized under Section 287.7 of Title 8 of the Code of Federal Regulations to local Law Enforcement or Courts to voluntarily maintain custody of an individual once that individual is released from local custody, and/or to notify a federal agency before the pending release of an individual. "Administrative warrant." A warrant, notice to appear, removal order, warrant of deportation, or other ICE custody document (I-200, I-203, I-205, or another listed in the National Crime Information Database (NCIC)) issued by a federal immigration official, not a judicial officer, and not based on a finding of probable cause for an alleged criminal law violation.

“Staging area.” An area used to assemble, mobilize, or deploy personnel, vehicles, equipment, or materials for any purpose arising out of or related to the enforcement of civil immigration enforcement operations. 2.129.040 Requirements. (A) Equal treatment. The City will treat all persons equally, enforce laws, and serve the public without consideration of immigration status. Citizenship, immigration status, national origin, race, and ethnicity shall

Page 2 of 4 have no bearing on an individual's treatment by City employees or officials. Access to City programs, services, and benefits shall not be conditioned upon the applicant’s immigration status, except where required by law. (B) Inquiries about immigration status. City employees and officials may not inquire or collect information about the immigration status of any victim, suspect, arrestee, 911 caller, or other member of the public with whom they have contact. (C) Roles of City employees and officials, other than within the Cambridge Police Department, in immigration enforcement. City employees and officials shall not take part in or assist with federal immigration enforcement operations, except where required by law or pursuant to a valid judicial warrant. (D) Role of Police Department in immigration enforcement. The Cambridge Police Department will not initiate investigations or take law enforcement action on the sole basis of actual or perceived immigration status, including the initiation of a stop, an apprehension or arrest. The Cambridge Police Department shall not take part in or assist with federal immigration enforcement operations, except as permitted with Subjection (L) below. This section shall not limit the Cambridge Police Department's ability to actively assist in Federal human trafficking operations. (E) Use of City Resources. Other than when required by law, City employees and officials shall not use City facilities, property, funds, equipment, data, technology, or City personnel for the purpose of enforcing civil immigration laws. (F) Immigration detainers and administrative warrants. Consistent with state law, no officer or employee of the Cambridge Police Department may arrest or detain an individual solely on the basis of an immigration detainer or administrative warrant. This includes extending the length of detention by any amount of time once an individual is or would otherwise be released from local custody, or before being transferred to court or admitted to bail. (G) Federal requests for information. No officer or employee of the Cambridge Police Department shall provide an officer or employee of a Federal Immigration Authority with the following information relating to a person in the custody of the Police Department: information about an individual's incarceration status, length of detention, home address, work address, personal information other than citizenship or immigration status, hearing information, or pending release, except information that is available through the Massachusetts Public Records Laws, G.L, c. 66, section 10 and G.L. c. 4, section 7 (twenty-sixth). Nothing in this section shall prohibit or restrain an officer or employee of the Cambridge Police Department from sending to, or receiving from, any local, state, or federal agency, information regarding citizenship or immigration status, consistent with 8 U.S.C. § 1373. (H) Encountering persons driving without a license. When taking action against a person who is found to be driving without a valid driver's license, officers of the Cambridge Police Department shall, whenever possible in the officer's discretion and if there are no other violations causing the person to be arrested, issue a summons to court instead of taking the person into custody. In such circumstances, the law enforcement officer taking action shall endeavor to provide the driver a reasonable opportunity to arrange for a properly licensed operator to drive the vehicle before seeking to impound the vehicle, unless the violation is one subject to a statutory or regulatory requirement of vehicle impoundment. (I) Notice to individuals subject to Federal Immigration Authority interventions. If the Cambridge Police Department receives an immigration detainer or administrative warrant for a person in its custody, the Police Department shall provide the person with a copy of such detainer request or administrative warrant, and any other documentation it possesses pertaining to the person's immigration case. (J) Federal Immigration Authority access to facilities. Except in response to a judicial warrant or other court order, Federal Immigration Authority agents shall not be allowed access to individuals in Cambridge Police Department custody either in person or via telephone or videoconference.