Title
AN ORDINANCE AMENDING CHAPTER 2 OF THE DULUTH CITY CODE BY ADDING A NEW ARTICLE XXXIX REGARDING STEWARDSHIP OF CITY RESOURCES AND THE COMMUNICATION BETWEEN THE CITY AND THE FEDERAL GOVERNMENT WITH RESPECT TO ENFORCEMENT OF FEDERAL CIVIL IMMIGRATION LAWS WITHIN THE CITY OF DULUTH (REPLACEMENT).
Body
BY COUNCILOR RANDORF:
The city of Duluth does ordain:
Section 1. That the Duluth City Code is hereby amended by adding a new Article XXXIX to Chapter 2 as follows:
ARTICLE XXXIX
STEWARDSHIP OF CITY RESOURCES AND COMMUNICATION BETWEEN THE CITY AND THE FEDERAL GOVERNMENT WITH RESPECT TO ENFORCEMENT OF FEDERAL IMMIGRATION LAWS WITHIN THE CITY OF DULUTH
Sec. 2-195. Purpose and policy statement.
(a) This Article clarifies the communication and enforcement relationship between the city and the federal government including the United States Department of Homeland Security and other federal agencies with respect to the enforcement of civil immigration laws that penalize a person's presence in, entry, or employment in the United States, when not accompanied by other criminal conduct (collectively, “federal immigration laws”). The city works cooperatively with Homeland Security, as it does with all state and federal agencies, but the city does not operate its programs for the purpose of enforcing federal civil immigration laws. This Article is necessary for the protection of the city’s public peace, health, and safety. The city is home to persons of diverse racial, ethnic, and national backgrounds. All Duluth residents, whether they are U.S. citizens, permanent residents, undocumented residents, refugees, asylum seekers, or residents with any other immigration status, are valued and integral members of our social, cultural, and economic fabric. The city is committed to building a welcoming and respectful atmosphere where all people are welcomed and accepted. In furtherance of that commitment, the city respects, upholds, and values equal protection and equal treatment for all residents.
(b) The city formally prioritizes using its finite resources to advance the health and safety of its residents. If city personnel were to enforce federal civil immigration laws for the federal government, it would squander limited municipal resources, have deleterious effects on public safety, and have a chilling effect on immigrant populations’ willingness to report crime and cooperate with the city’s public safety efforts. Additionally, public safety and accountability are supported when public safety officers have clear agency identification and do not hide their identities when interacting with the public, unless they are in an undercover role. Enforcing federal civil immigration laws alongside federal agents who lack clear agency identification and/or who are masked or otherwise concealing their identities or badges would be contrary to the values of the city and harmful to the trust and public safety of city residents.
(c) Although the federal government has the legal authority to enforce immigration laws in the United States, in Minnesota, and in the city, the city of Duluth will not act or operate its programs for the purpose of enforcing civil federal immigration laws. The city of Duluth wants to ensure that it is stewarding its resources for the benefit of the public in accordance with state public purpose expenditures law and in a nondiscriminatory fashion compliant with the Minnesota and United States Constitutions. The City finds that this Article serves the public interest by ensuring the equal treatment of all residents and visitors in the provision of city resources and services, preserving the trust of the public in the integrity of the city’s stewardship of public resources, and maintaining compliance with applicable local, state, and federal laws. These statements of policy, and those set forth in this Article, are based on the fact that the city is safer, healthier, and more vibrant when city personnel maintain a relationship of trust, respect, and cooperation with city residents. This trust, respect, and cooperation would be destroyed, especially for immigrant communities, if city personnel were to act as agents of federal immigration authorities. This Article shall supersede all conflicting policies, ordinances, rules, procedures and practices.
Sec. 2-196. General city services.
To the extent permitted by law, in determining eligibility for, and providing general city services, city employees shall be governed by the following requirements:
(a) City employees are to carry out their regular duties for the purpose of administering general city services and programs. Employees may complete I-9 forms, may question a person regarding the I-9 form and documents supporting the I-9 form, and may comply with demands by the Federal Government to audit the I-9 forms as allowed by law. Employees shall, when required by law, comply with any properly issued judicial subpoena or other compulsory legal process for the production of documents or witnesses, even if related to immigration issues.
(b) City employees shall follow general city, state and federal guidelines to assess eligibility for services. City employees shall only solicit immigration information or inquire about immigration status when specifically required to do so by law or program guidelines as a condition of eligibility for the service sought. City employees may require evidence of a person's identity and may ask to see a person's personal identifying documents only when specifically authorized and required to do so by the employee's work duties. City employees shall not discriminate against any current or potential service users on the basis of any of the protected categories listed in the city's civil rights ordinance or on the basis of immigration status.
(c) Other than when required by law, city employees, officers or agents shall not use city resources, including city facilities, buildings, property, monies, or equipment to assist in or otherwise facilitate the enforcement of federal civil immigration laws.
(d) Other than when required by law, city employees, officers or agents shall not share private or nonpublic data with federal immigration authorities to facilitate the enforcement of federal civil immigration laws. Data subject to 8 U.S.C. §§ 1373 and 1644 are exempt from this provision.
(e) Nothing in this Article shall prohibit public safety personnel from conducting enforcement or investigative duties associated with a joint law enforcement task force or assisting federal law enforcement officers in the investigation of criminal activity involving individuals present in the United States who may also be in violation of federal civil immigration laws.
(f) Nothing in this Article shall be construed to prohibit or interfere with federal agencies performing duties required under federal law at maritime, aviation, or international transit facilities.
(g) The city shall provide information and training in new employee training and on-going training regarding the expectations set forth in this Article. The city must review the training for potential updates.
(h) The city shall timely report to the Duluth Citizen Review Board civil immigration requests from federal immigration authorities and related costs.
Sec. 2-197. Severability.
If any section, clause, provision, or portion of this Article is adjudged unconstitutional or invalid by a court of competent jurisdiction, that part may be severed and shall not invalidate or affect the enforceability of the remainder of this Article.
Section 2. That this Article shall take effect 30 days after its passage and publication.
Statement of Purpose
STATEMENT OF PURPOSE: This ordinance clarifies and codifies the stewardship of city of Duluth resources and communication between the city of Duluth and the federal government including the United States Department of Homeland Security and other federal agencies with respect to the enforcement of federal civil immigration laws within the city of Duluth.