HomeMy WebLinkAbout01/10/2017 15 Sanctuary City Information do 1111
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 15.
For Meeting of: January 10, 2017
ITEM TITLE: Response to City Council inquiry regarding "Sanctuary City"
SUBMITTED BY: Jeff Cutter, City Attorney
Cynthia Martinez, Senior Assistant City Attorney
SUMMARY EXPLANATION:
The Legal Department has gathered informational material in response to the City Council's
request for information regarding sanctuary cities. The information is attached for Council's
review and discussion.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Informational.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
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• ExhibR A If.urieirn Legall Memorandum orairndnpirmn 14;0 T f.:mll<ul p I a�nirii<II
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D f::::xllniilrpii C j`a'i y :1 Oily mnl piia~;mirnm,Jtnpairy Resolution rn 1/4/201 T Backup Il adEpiriiall
D ExhibR D City :)i Sf•aUlla:.p IE:xecdli'A?Ordepir 1/4/2017 Backup p l ad piriiall
D ExhibR E. Cpnpirnm,iill News Articlllfp, May 5,2015 1/4/2017 T f.:mll<npl p I a�pirii<II
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CITY OF YAK MA
LEGAL
DEPARTMENT
200 South Third Street,2nd Fl. I Yakima,WA 98901 P: 509.575.6030 I F: 509.575.6160
MEMORANDUM
January 4, 2017
TO: Honorable Mayor and Members of the City Council
Cliff Moore, City Manager
FROM: Cynthia Martinez, Senior Assistant City Attorney
SUBJECT: Sanctuary City Inquiry
There is no formal definition for the term, "sanctuary city," and the concept may mean
something different depending on who you ask. Generally, the term is used to refer to American
cities, counties or states that protect undocumented immigrants from deportation by limiting
cooperation with federal immigration authorities'. Sanctuary policies can be mandated
expressly by law or practiced unofficially. There are reportedly 300 sanctuary cities in the US.2
Most sanctuary legislation applies to law enforcement and prohibits officers from asking those
they come in contact with about their immigration status. Some cities have chosen to extend
polices to city employees and contractors. The City of Yakima has not adopted sanctuary
legislation or official policies.
The Yakima Police Department does not inquire about the immigration status of victims
or defendants during the investigation process because it is widely believed that making such
inquiries may cause distrust and lead individuals not to report crime. For the most part, a
person's immigration status is irrelevant during the course of a criminal investigation.
Attached is a legal memorandum, several Washington city ordinances and policies
relating to sanctuary city status. It is unknown how many Washington cities have adopted these
types of ordinances.3 The City of Burien recently considered different sanctuary city ordinances.
Lisa Marshall, the City Attorney in Burien, prepared the attached excellent overview
memorandum on the topic. Please see exhibit A and B. The City of Burien voted on Option H,
which is contained in the supplemental material Exhibit B, however the full council was not
present during the vote and although a majority of those present voted to approve, it was not the
four votes necessary to pass the ordinance pursuant to RCW 35Ae 12e 120. Apparently some
news agencies reported the measure had passed, when it actually didn't.
Also attached is information pertaining to, "sanctuary schools." Public schools in the
United States have an obligation to provide education to those in the country regardless of
i The Economist Explains: What are sanctuary cities?-The Economist,November 22,2016
2 Opinion: The Business President Should Leave Sanctuary Cities Alone -NBC News,by Victoria Defranscesco
Soto,December 2,2016
3 MRSC Inquiry.
Honorable Mayor and Members of the City Council
Cliff Moore, City Manager
January 4, 2017
Page 2
immigration status. Plyler v. Doe, 457 U.S. 202 (1982). Some schools have adopted a policy
limiting immigration agents access to school records. See attached Exhibit F.
I also researched the terms, "safe city," and, "refuge city." These terms are
interchangeable with the term, "sanctuary city."
Exhibits Attached:
A. Burien Legal Memorandum entitled Sanctuary City Options: includes background and
legal framework and 6 local examples
B. Burien Supplemental Legal Memorandum: Includes 3 additional local examples
C. City of Olympia Sanctuary City Resolution
D. City of Seattle Executive Order
E. "King County Council protects public safety and health by ensuring all residents have
access to services, Council News Article, Update May 5, 2015
F. Sanctuary School Information
ATTACHMENT
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Phone:(OOG)241~4847"FAX(DO8)248'553Q
www'burienwu.gov
DATE: December 19,2016
TO: Honorable Mayor Krakowiak and Councilmembers
Tony Piasecki, Interim City Manager
F•0 Lisa Marshall,City Attorney
SUBJECT: Sanctuary City Options
At its regular meeting on December 5,2016,the City Council directed the City Attorney to present
approximately five sample sanctuary city ordinances or resolutions for the Council's
consideration. This memorandum addresses the background and legal framework surrounding
sanctuary cities, as well as provides several sample documents for discussion by the Council at
its December 19, 2016 regular meeting.
I. Sanctuary Cities—Background and Legal Framework
What is a sanctuary city? While there is no official definition of sanctuary city, the term has
generally been accepted to mean that local law enforcement and municipalities will not alert
federal authorities about people in their cities who lack legal status, nor will municipalities
actively seek out such individuals.There are reportedly 300 sanctuary cities in the U.S.1
Why are cities becoming sanctuary cities? Cities are declaring themselves sanctuary cities for
the following reasons: first it is not the job of local law enforcement to regulate and enforce
immigration laws; it is the job of the federal government. Second, the federal government's
practice of issuing immigration detainers without probable cause has been declared by federal
courts to be unconstitutional. Third, local law enforcement officers want to encourage the
reporting of crime by victims and witnesses. Inquiring into a person's immigration status would
result in a decrease of such reporting. Finally, local communities wish to provide services to all
citizens without inquiring into or conditioning such services on immigration status.
/Opinion. The Businessman President Should Leave Sanctuary Cities Alone—NBC News,by Victoria Defranscesco Soto,
December 2,2016
13\l
Notably,cities declaring themselves sanctuary cities typically have their own police departments
and most sanctuary city policies are aimed at law enforcement.2 Here,the King County Sheriffs
Office(KCSO)with which the City of Burien contracts for police services has,since 1992,followed
a policy of not inquiring into a person's immigration status. The Council's discussion is whether
to reemphasize this policy with respect to law enforcement and whether to extend the policy to
City employees and contractors.
What are immigration detainers?Are they legal? Immigration and Customs Enforcement (ICE)
is the federal agency responsible for deportation of individuals who are not in the country legally.
As part of the Department of Homeland Security's Priority Enforcement Program (PEP), every
person booked in a city or county jail has their fingerprints run through an FBI and ICE database.
Accordingly, ICE has immediate access to the location of undocumented individuals throughout
the country. As early as 2008, ICE has been requesting that local law enforcement and jails hold
undocumented inmates beyond their release dates in order to give time to the agency to send
representatives to take such individuals into federal custody.The legal conundrum presented by
holding a person past his release date is not minimized when the request ("detainer request")
comes from the federal government; holding someone without a court order (and without
probable cause) is a violation of the Fourth Amendment.
So far,federal courts have agreed with local jails and law enforcement,3 and have denominated
federal immigration detainers that lack probable cause as "requests" with which local jails and
law enforcement need not comply. According to the Immigrant Legal Resource Center's (ILRC)
detainer map, 5 states, 514 counties, and 38 cities are refusing to comply with immigration
detainers.
Can the President withhold federal funds from sanctuary cities? Probably not.Two principles of
federalism preclude the withholding of federal funds in order to coerce states(and therefore
cities)to comply with the federal government's wishes.The first principle holds that the federal
government cannot unduly coerce state action by leveling a financial"gun to the head,"4 and the
second principle holds that federal officials cannot"commandeer"state officials to do the work
of the federal governments
The first principle is articulated in Chief Justice Roberts' landmark opinion in NF1B v.Sebelius, Id.
In that case, Roberts struck down the Medicaid extension of the Affordable Care Act because the
Act greatly expanded Medicaid to millions of additional patients. Roberts reasoned that under
the Spending Clause, a "contractual" relationship exists between the states and the federal
government,which prevents the federal government from altering the "terms"of an agreement
(e.g. expanding Medicaid to millions of additional patients)then threatening to yank funding for
failing to comply with such revised terms. He reasoned that Congress cannot create a funding
condition that is unrelated to its original funding purpose and that is so coercive that it amounts
2 Seattle,King County,San Francisco,Los Angeles,and other sanctuary cities have their own police departments.
3 Garlarza v.Szalcyzk,745 F.3d 634(2014);Morales v.Chadbourne,793 F.3d 208(2015);Miranda-Olivares v.Clackamas
County,Case No,3:12-cv-02317-ST(2014).
4 National Federation of Independent Business,et.Al.v.Sebelius,567 US_(2012),183 L.Ed.2d 450,132 S.Ct.2566.
5 Printz v.United States,521 U.S.898(1997).
2
toa "gun to the head" of the states. Existing federal funding for cities is not connected to
immigration. It is less connected than existing Medicaid funding was to the ACA Medicaid
extension.The only case in which the Supreme Court allowed conditional funding was the federal
government's threat to take away 5 percent of highway money if states didn't raise the drinking
age to 21.6 Accordingly, it is unimaginable that federal funding of any kind could be withheld for
a city becoming a sanctuary city.
The second principle, the "anti-commandeering" principal, was articulated by Justice Antonin
Scalia in 1997 in Printz m U.S. The Printz decision struck down provisions of the Brady Act that
required state and local law enforcement officials to do background checks of firearm purchases.
Scalia concluded that Congress cannot force state officials into service to execute federal laws.
Requiring state (and city) officials to enforce federal immigration laws is no different from
requiring them to enforce firearm purchase regulations.
II. Sanctuary Policies–Local Examples
Itenns1,Fbeoxvaxp|oinexistngpoUcies, reso|utioms, andondinancesfronnotherjurisdictmns.
The policies,or sample policies themselves,are labeled Exhibits A-F and follow Section II.
1. Exhibit A "Sanctuary" policy currently in place Exhibit A is a Fact Sheet containing the
Don't Ask policy of the King County Sheriff's Office(KCSO). KCSO officers and employees currently
follow a policy of not inquiring into a person's immigration status, and they refrain from asking
questions intended to illicit a response concerning such immigration status.This policy has been
in place since 1992. The policy is followed by all City of Burien police officers, who are KCSO
employees. Under the City's interlocal agreement with the KCS(], the KCSO indemnifies and
defends the City of Burien for actions against the City of Burien Police Department and its police
officers when the officers are following KCSO policies and procedures. Requiring Burien officers
to deviate in any way from KCSO policies—including but not limited to pursuit policies, use of
force policies, or the Don't Ask policy set forth in Exhibit A—would be a legal risk to the City.
Accordingly, it is recommended that the City Council not adopt a policy applicable to law
enforcement that deviates from or adds to the policy set forth in Exhibit A.2. Exhibit B: Expanding the KCSO Don't Ask policy to City employees, officers, and
contracts. Exhibit B is a resolution which, if passed, would extend the policy currently practiced
by KCSO to City employees and contractors. City employees and contracts currently do not
inquire into a person's immigration status; the City provides services to individuals without
knowing of a person's immigration status. Adoption of the resolution set forth in Exhibit B would
formalize this unwritten policy.
3. Exhibit C: Exhibit C is the Statement of Solidarity written by the Highline School District.
The City Council—whether or not it wishes to declare Burien a sanctuary city—may wish to pass
a motion in support of this Statement of Solidarity
6 South Dakota v.Dole,483u.S.20o(1987).
3
4. Exhibit D: Exhibit D is King County's Ordinance No. 393, adopted on 11/10/2009. It
repeats the policy of the KCSO regarding inquiring into a person's immigration status or engaging
in activities to ascertain person's status,and also extends the policy to all County employees and
to the King County Department of Health.The policy also prevents the withholding of any County
benefits or opportunities on the basis of a person's immigration status. As is the case with Exhibit
B, adoption of this policy would formalize the City's unwritten policy of not inquiring into a
person's immigration status and of providing services to all citizens irrespective of legal status.
5. Exhibit E: Exhibit E is the City of San Francisco's Sanctuary City legislation, except the
name "Burien" has been substituted for "San Francisco." Red text and brackets appear where
the language is unique to San Francisco and not to Burien, but I left the text in place to allow you
to review it as it appeared in the original.
6. Exhibit F: Exhibit F is the City of Seattle's sanctuary city policy. Please note that the
language in Section 1(B) of Exhibit F may authorize Seattle police officers to engage in conduct
not authorized by KCSO.If the Council wishes to pursue this option,the KCSO should be consulted
prior to adoption.
In sum, you may wish to adopt one of the policies above, or to arrange some of the provisions
within a few or more to create another option. Please let me know if I can answer any questions.
4
Exhibit A - King County Sheriff's Office Policy Regarding Inquiries Into Immigration Status
King County Don't-Ask Ordinance
Frequently Asked Questions and Suggested Responses
Shouldn't we enforce immigration laws?
We aren't suggesting that the laws shouldn't be enforced but that they should only be enforced by agents
who are specially trained in this very complicated area of the law. King County deputies do not have this
training.
Immigration is a nationwide problem;why shouldn't King County get involved?
More than 15%of King County residents are foreign-born_ It's up to the federal government to fix the
nation's broken immigration system. But in the meantime,the many foreign-born residents in our county
need to be reassured that they will not be denied police protection or emergency health care based on their
citizenship or immigration status. King County cannot change the federal immigration laws,but it can
control the way that its employees serve all King County residents.
Won't this encourage more undocumented people to move to King County?
This ordinance will encourage all people to feel safe when they choose to move to King County.
Why do we need this ordinance if the Sheriff already has a rule prohibiting her deputies from
inquiring about immigration status?
We appreciate the fact that the Sheriff trains her deputies that immigration status is not relevant to criminal
law enforcement. But passage of this ordinance will send a clear message that all people in King County
should feel protected by the law. King County can also take this opportunity to be the leader in the stale by
rejecting the climate of fear created when the federal government engages in racial profiling and
harassment of people who might be immigrants. Also,codifying existing practice in law ensures that the
practice will remain standard,regardless of who the Sheriff or County Executive is.
Why should we provide services to non-citizens?
The Constitution grants rights to all people,not just citizens. With few exceptions,the County cannot
condition access to services based on citizenship status. This ordinance provides clear direction to county
employees and assurances to county residents that they should not fear calling the police if they see a
crime,seeking health care or other services.
How will this ordinance make the people of King County safer?
Law enforcement is only effective if community members are willing to report crimes and cooperate with
investigations. People who fear that the deputies will interrogate them,their family members or friends
about their immigration status are less likely to call the police when they need help. In areas where local
law enforcement officers are known to ask witnesses or others about immigration status,reporting of
domestic violence,child abuse and other crime decreases.
How will this ordinance protect the health of King County residents?
Obtaining regular immunizations,preventing the spread of infectious diseases,and reporting food borne
illnesses are all important factors in a healthy community. However,people who fear that public health or
other county officials will interrogate them about their immigration status or withhold health care based on
citizenship are less likely to seek the needed care. This ordinance will assure parents and others that they
can seek health services without fear.
EXHIBIT B® SA IPE RESOLUTION EXTENDING =1 G COUNTY'S
DON'T ASK POLICY TO CITY EMPLOYEES, OFFICERS, AND
CONT • CTORS
CITY OF BURIEN,WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF BURIEN, WASHINGTON,
CONCERNING INQUIRIES BY CITY OF BURIEN OFFICERS,
E t LOYEES, AND CONTRACTORS INTO IMMIGRATION
S-T kTUS, .TWS—I?ESIGNE SRT --SIUCH —_
STATUS
WHEREAS, the City of Burien contracts with the King County Sheriff's office for police
services; and
WHEREAS, since 1992,King County Sheriff's office personnel have followed a policy that
prohibits the inquiry into an individual's immigration status and from engaging in activities to
ascertain such status;and
WHEREAS, the City of Burien wishes to ensure that its employees, officers, agents, and
contracts follow a policy of prohibiting the inquiry into a person's immigration status or from
engaging in activities to ascertain such status;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN,
WASHINGTON,DOES RESOLVE AS FOLLOWS:
Section 1. Inquiries Prohibited. Unless otherwise required by law or by court order, no
Burien police officer, employee, agent,or contractor of the City shall inquire into the immigration
status of any person, or engage in activities designed to ascertain the immigration status of any
person.
Section 2. Severabilitv_ Should any section,paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state
or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this Ordinance or its application to other persons or circumstances.
Section 3. Effective Date. This resolution shall take effect immediately upon passage by
the Burien City Council.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF BURIEN,WASHINGTON,AT
A REGULAR MEETING THEREOF THIS DAY OF 2016.
CITY OF BURIEN
Lucy Krakowiak,Mayor
ATTEST/AUTHENTICATED:
Monica Lusk,City Clerk
Lisa Marshall, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Resolution No.
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EXHIBIT C - Highline School District Statement of Solidarity
Statement of Solidarity from Highline High School
International Rescue Committee
The IRC of Highline High School stands in solidarity with immigrant and
refugee communities that feel scared,unwelcome,unwanted,or in danger.
Because of our own life experiences, the students and teachers of the HHS
International Rescue Committee stand together with all immigrants and refugees.
We call on our administrators, teachers, staff, student body, and community
members to stand with us in our commitment to inclusion and justice for all
eo...
P Ple.. .
As immigrants and refugees, we have felt uncomfortable when asked,
"Why did you leave your country?" People seem not to understand what was
happening in our countries. Coming here is not easy. There is a good reason why
we come here. We leave our countries because some bad things have happened.
We come here with nothing and we have to start again. We come here to
survive.
Ale-believe that nobody should judge others because they have not been in
their situation;they have not walked in the shoes of these people. We believe
that we should respect people the way that we want to be respected.
We-believe that we should not stereotype, because we don't know where
others are from. We don't know their story. We should try to understand
people's individual stories.
We want to believe that prejudice is very much in our past. Let's try to
eliminate it so that we can have a better future. Don't listen just to one person—
not even to us. Read, research, learn and find out for yourself what you think is
right when confronted with a challenge to your way of thinking.
We believe that everyone should be treated equally, respectfully and with
love.
As HHS IRC,we strive to live out the promise of the American Ideal!This letter is
an outstretched hand to all immigrants and refugees, their families, and their
friends—as they are—welcoming them here.
WE INVITE YOU TO ADD YOUR SUPPORTIVE THOUGHTS, IDEAS,AND
STATEMENTS OF SOLIDARITY.
EXHIBIT D - SAMPLE ORDINANCE BASED ON 1G COUNTY
SANCTUARY COUNTY ORDINANCE DATED 11/10/2009
CITY OF BU • N,WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BURIEN, WASHINGTON,
RELATING TO ASCERTAINING IMMIGRATION STATUS AS IT
RELATES TO THE PUBLIC HEALTH AND SAFETY OF THE
RESIDENTS OF THE CITY OF BURIEN
WHEREAS, the City of Burien wishes to adopt an ordinance declaring the City of Burien a
sanctuary city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN,
WASHINGTON,DOES ORDAIN AS FOLLOWS:
Section 1.Findings: The City of Burien is a code city organized under RCW 35.02 and
of the Washington State Constitution. Under its police powers,the City may exercise any power and
perform any function,unless preempted by state or federal law,relating to its government and affairs,
including the power to regulate for the protection and rights of iis inhabitants.To this end,the City is
dedicated to providing all of its residents fair and equal access to services, opportunities and
protection. While precise figures are difficult to quantify, a 2009 Pew Hispanic Center report
estimated that between one hundred forty thousand and two hundred ten thousand undocumented
immigrants live in Washington state. Ensuring that all of the City's residents have access to necessary
services and benefits is essential for upholding the City's commitment to fair and equal access for all
residents.
The enforcement of civil immigration laws have historically been a federal government responsibility
through the Immigration and Naturalization Service. Since 2002, matters of immigration law have
been handled by the Office of Immigration and Customs Enforcement,a branch of the Department of
Homeland Security. Requiring local law enforcement agencies,which are not specifically equipped
or trained, to enforce civil immigration laws forces local governments to expend their limited
resources to perform traditionally federal functions.
A goal of this legislation is to foster trust and cooperation between law enforcement officials and
immigrant communities to heighten crime prevention and public safety.
Since 1992,the King County sheriff's office has embraced this goal and outlined supporting policies
in its operations manual,with which this ordinance is consistent.
Another goal of this legislation is to promote the public health of City of Burien residents.
On April 22, 2008, King County Superior Court affirmed the principle that our courts must remain
open and accessible for all individuals and families to resolve disputes on the merits by adopting a
policy that warrants for the arrest of individuals based on their immigration status shall not be
executed within any of the superior court courtrooms unless directly ordered by the presiding judicial
officer and shall be discouraged in the superior court courthouses,unless the public's safety is at
immediate risk.Shortly after the affirmation's adoption,the King County Executive and Immigration
and Customs Enforcement agreed to honor this policy.
This ordinance is intended to be consistent with federal laws regarding communications between local
jurisdictions and federal immigration authorities,including but not limited to United States Code Title
8,Section 1373.
Section 2. Prohibition.- Except as provided in this section or when otherwise required by law,a pity
office,department, employee, agency or agent shall not condition the provision of City services on
the citizenship or immigration status of any individual.
A. Nothing in this ordinance shall be construed to prohibit any City of Burien police officer
or employee from participating in cross-designation or task force activities with federal
law enforcement authorities.
B. The City of Burien Police Department personnel shall not request specific documents
relating to a person's civil immigration status for the sole purpose of determining whether
the individual has violated federal civil immigration laws.The documents include but are
not limited to:passports; alien registration cards;or work permits.
C. The City of Burien Police Department personnel may use documents relating to a person's
civil immigration status if the documents are offered by the person upon a general,
nonspecific request.
D. The City of Burien Police Department personnel shall not use stops for minor offenses or
requests for voluntary information as a pretext for discovering a person's immigration
status.
E. The City of Burien Police Department personnel shall not initiate any inquiry or
enforcement action based solely on a person's:
a. civil immigration status;
b. race;
c. inability to speak English;or
d. inability to understand the deputy.
F. The Seattle-King County department of public health, with which the City of Burien
contracts pursuant to RCW 39.34 and BMC 8.05.010 shall not condition the provision of
health benefits, opportunities or services on matters related to citizenship or immigration
status.The Seattle-King County department ofpublic health may inquire about or disclose
information relating to an individual's citizenship or immigration status for the purpose of
determining eligibility for benefits or seeking reimbursement from federal, state or other
third-party payers.
G. Except when otherwise required by law, where the City accepts presentation of a state-
issued driver's license or identification card as adequate evidence of identity,presentation
of a photo identity document issued by the person's nation of origin, such as a driver's
license,passport or matricula consular, which is a consulate-issued document, shall be
-2
R:/CC/AAA Ordinances/Ord
accepted and shall not subject the person to a higher level of scrutiny or different treatment
than if the person had provided a Washington state driver's license or identification card.
However, a request for translation of such a document to English shall not be deemed a
violation of any provision of this ordinance and any subsequent ordinance.This provision
does not apply to documentation required to complete a federal 1-9 employment eligibility
verification form.
H. This section does not create or form the basis for liability on the part of the City, its
officers,employees or agents.
Unless permitted by this ordinance or otherwise requii-ed by state or federal law or
international treaty, all applications, questionnaires and interview forms used in relation
. to the.provision of City benefits,opportunities or services shall be promptly reviewed by
each agency, and any titles-5bn requiring disclostire ofinforination related to citizenship--
or immigration status shall be,in the agency's best judyii ent,either deleted in its entirety
or revised such that the disclosure is no longer required.
Section 3. Severability. Should any section,paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state
or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this Ordinance or its application to other persons or circumstances.
Section 4. Effective Date. This ordinance shall be published in the official newspaper of
the City, and shall take effect and be in full force five(5)days after publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF BURIEN,WASHINGTON,AT
A REGULAR MEETING THEREOF THIS DAY OF ,2016.
CITY OF BURIEN
Lucy Krakowiak,Mayor
ATTEST/AUTHENTICA
Monica Lusk, City Clerk
Approved as to form:
-3 -
R:/CC/AAA Ordinances/Ord
Lisa Marshall,City Attorney
Filed with the City Clerk:
Passed by the City Council:
Ordinance No.:
Date of Publication:
-4-
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EXHIBIT E m SAMPLE ELUT 1 BASED ON THE SANCTUARY
CITY RES LUTI N OF THE CITY OF SAN FRANCISCO DATED
11/15/2016
CITY OF BURIEN, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF BURIEN, WASIHNGTON,
RESPONDING TO THE ELECTION OF DONALD TRUMP
REAFFIRMING BIT N'S COMMITMENT TO THE VALUES OF
INCLUSION,RESPECT, DIGNITY
WHEREAS, On November 8, 2016, Donald Trump was elected to become the 456
President of the United States;
NOW, THEREFORE, THE CITY COUNCIL . OF THE CITY OF BURIEN,
WASHINGTON,DOES RESOLVE AS FOLLOWS:
Section 1. BE IT RESOLVED that no matter the threats made by President-elect Trump,
Burien will remain a Sanctuary City;we will not turn our back on the men and women from other
countries who help make this city great, and;who represent over one third of our population; [this
is the Golden Gate]-we build bridges,not walls; and,be it
Section 2. BE IT FURTHER RESOLVED,That we will never back down on women's
rights,whether in healthcare,:the workplace, or any other area threatened by a man who treats
women as obstacles to be demeaned or objects to be assaulted;just as important, we will ensure
our young girls grow up with role models who show them they can be or do anything;and,be it
Section 3. BE IT FURTHER RESOLVED, That there will be no conversion therapy, no
withdrawal,ofrights in Burien;[we began hosting gay weddings twelve years ago],and we are not
stopping now;to all the`LGBTQ people all over the country who feel scared,bullied,or alone;you
matter,you are seen;you are loved;and Burien will never stop fighting for you; and,be it
Section 4BE IT FURTHER RESOLVED,That we still believe in this nation's founding
principle of religious freedom;we do not ban people for their faith;the only lists we keep are on
invitations to come pray together; and,be it
Section 5. RE IT FURTHER RESOLVED, That Black Lives Matter in Burien, even if
they may not in the White House; guided,by President Obama's Task Force on 21st Century
Policing, we will continue reforming our police department and rebuilding trust between police
and communities of color so all citizens feel safe in their neighborhoods;and,be it
Section 6. BE IT FURTHER RESOLVED,That climate change is not a hoax,or a plot by
the Chinese; in this city,surrounded by water on three sides, science matters;we will continue our
work on Clean Power,Zero Waste,and everything else we are doing to protect future generations;
and,be it
Section 7. BE IT FURTHER RESOLVED,That[we have been providing universal health
care in this city for nearly a decade], and if the new administration follows through on its callous
promise to revoke health insurance from 20 million people,the citizens of Burien will be protected;
and,be it
Section 8. BE IT FURTHER RESOLVED, That [we are the birthplace of the United
Nations, a city made stronger by the thousands]of international visitors we welcome every day;
we will remain committed to internationalism and to our friends and allies around the world-
whether the administration in Washington is or not; and,be it
Section 9. BE ITFURTHER RESOLVED,[That San Francisco will remain a Transit First
city and will continue building Muni and BART] systems we can all rely upon, whether this
administration follows through on its platform to eliminate federal transit funding or not; and, be
it
Section 10. BE IT FURTHER RESOLVED,That[California is the sixth largest economy
in the world; the Bay Area is the innovation capital of the country]; we will not be bullied by
threats to revoke our federal funding, nor will we sacrifice our values or members of our
community for your dollar; and,be it
Section 11. BE IT URTHER RESOLVED, That we condemn all hate crimes and hate
speech perpetrated in this election's wake; that although the United States will soon have a
President who has demonstrated a lack of respect for the values we hold in the highest regard in
Burien,it cannot change who we are,and it will never change our values;we argue,we campaign,
we debate vigorously within Burien, but on these points we are 100% united; we will fight
discrimination and recklessness in all its forms; we are one City; and we will move forward
together.
Section 12. Effective Date. This resolution shall take effect immediately upon passage by
the Burien City Council.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF BURIEN,WASHINGTON,AT
A REGULAR MEETING THEREOF THIS DAY OF ,2016.
CITY OF BURIEN
Lucy Krakowiak,Mayor
ATTEST/AUTHENTICATED:
-2-
R:/CC/AAA Resolutions/Res
Monica Lusk,City Clerk
Approved as to form:
Lisa Marshall,City Attorney
Filed with the City Clerk:
Passed by the City Council:
Resolution No.
R:tCCIAAA Resolutions/Res
EXHIBIT F—SAMPLE ORDIN•, CE BASED ON THE CITY OF
SEATTLE'S SANCTUARY CITY ORDINANCE No. 121063 DATED 1/27/03
CITY OF DURIEN,WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BURIEN, WASHINGTON, CONCERNING
INQUIRIES BY BURIEN CITY OFFICERS AND EMPLOYEES INTO IMMLGRATION
STATUS,AND ACTIVITIES DESIGNED TO ASCERTAIN SUCH STATUS
WHEREAS,the City of Burien is comprised of immigrants from throughout the world who
contribute to Burien's social vivacity and cultural richness; and
WHEREAS, Burien has been a city that traditionally respects the rights of and provides
equal services to all individuals,regardless of race, ethnicity, or immigration status; and
WHEREAS,the September 11,2001 attacks on the World Trade Center and the Pentagon
have left immigrant communities of color afraid to access benefits to which they are entitled, for
fear of being reported to the Immigration and Naturalization Service(INS); and
WHEREAS,the King County Sheriff's Office, with which the City contracts for Burien
Police services,has since 1992 maintained a policy that, among other things,King County police
officers may not request specific documents for the sole purpose of determining a person's civil
immigration status,and may not initiate police action based solely on a person's civil immigration
status; and
WHEREAS, all Burien officers and employees should be afforded analogous guidance
with respect to inquiries into immigration status; and
WHEREAS,a number of other jurisdictions in the United States have enacted policies or
laws recognizing that their officers and employees should properly play a limited role with respect
to matters relating to immigration status;and
WHEREAS, this ordinance is consistent with federal laws regarding localities'
responsibilities to cooperate with federal immigration authorities; and
WHEREAS,this ordinance is not intended to interfere with the enforcement of laws.
WHEREAS, this ordinance is an effective way to guide city officials and employees to
adhere to federal law while helping to protect the safety and health of all members of our
community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN,
WASHINGTON,DOES ORDAIN AS FOLLOWS:
Section 1. Inquiries into immigration status prohibited.
(A) Unless otherwise required by law or by court order,no Burien officer or employee shall inquire
into the immigration status of any person, or engage in activities designed to ascertain the
immigration status of any person.
(B) City of Burien police officers are exempted from the limitations imposed by Subsection(A),
above, with respect to a person whom the officer has reasonable suspicion to believe: (1) has
previously been deported from the United States; (2)is again present in the United States; and (3)
is committing or ha's committed a felony criminal-law violation.
Section 2. City Manager Revolts to Council. The City Manager shall report to the City
Council and the people on a yearly basis as to the actions taken and being taken in support of this
.chapter. -
Section 3. City Attorney enforcement duties. Consistent with and subject to the Code of
Professional Responsibility, the City Attorney is requested to defend every action brought to
declare invalid any section of this chapter, and maintain actions enforcing provisions of this
chapter.
Section 4.Required cooperation not prohibited. Nothing in this Chapter shall be construed
to prohibit any Burien officer or employee from cooperating with federal immigration authorities
as required by law.
Section 5. No Liability Created. Nothing in this chapter is intended to create or form the
basis for liability, on the part of the City,or its officers, employees,or agents.
Section 6. Severability. Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state
or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this Ordinance or its application to other persons or circumstances.
Section 7. Effective Date.This ordinance shall be published in the official newspaper of
the City, and shall take effect and be in full force five(5) days after publication.
ADOP i'ED BY THE CITY COUNCIL OF THE CITY OF BURIEN,WASHINGTON, AT
A REGULAR MEETING THEREOF THIS DAY OF 2016.
CITY OF BURIEN
Lucy Krakowiak,Mayor
ATTEST/AUTHENTICATED:
2-
R:/CC/AAA Ordinances/Ord
Monica Lusk,City Clerk
Approved as to form:
Lisa Marshall,City Attorney
Filed with the City Clerk:
Passed by the City Council:
Ordinance No.:
Date of Publication:
-3-
R:/CCrAAA Ordinances/Ord
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400 SW 152nd St.,Suite 300, Burien,WA 981664911
Phone: (206) 2414647 • Fax: (206)248-5539
'fie //Lew e
www.burienwa.gov
DATE: December 19,2016
TO: Honorable Mayor Krakowiak and Coundlmembers
Tony Piasecki, Interim City Manager
FROM: Lisa Marshall, City Attorney
SUBJECT: Supplement to Sanctuary City Item 8(c)
Attached are three additional sample ordinances or statements to supplement Exhibits A through
F of the subject agenda item. The additional samples are as follows:
Exhibit G: Exhibit F is identical to Exhibit B,except Exhibit F codifies the legislation into the Burien
Municipal Code, changes the resolution to an ordinance, and removes the references to Burien
police officers.
Exhibit H: Exhibit G is identical to Exhibit D, except Exhibit G codifies the legislation into the
Burien Municipal Code and removes references to Burien police officers.
Exhibit I: Exhibit H is a statement of support created for signatures by Puget Sound-area mayors
and was not included in the agenda packet.
EXHIBIT G-SPLE 0 ' INANCEEXTE ING KINGCOUNTY'S
"DON'T ASK"POLICY TO CITY EMPLOYEES, OFFICERS,AND
CONTRACTORS
CITY OF BURIEN,WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BURIEN, WASHINGTON,
ADDING A CHAPTER 2.26 TO TILE BURIEN MUNICIPAL CODE
CONCERNING INQUIRIES BY CITY OF BURIEN OFFICERS,
EMPLOYEES, A CONTRACTORS INTO IMMIGRATION
STATUS, AND ACTIVITIES DESIGNED TO ASCERTAIN SUCH
STATUS
WHEREAS, the City of Burien contracts with the King County Sheriffs office for police
services;and
WHEREAS, since 1992,King County Sheriff's office personnel have followed a policy that
prohibits the inquiry into an individual's immigration status and from engaging in activities to
ascertain such status;and
WHEREAS, the City of Burien wishes to ensure that its employees, officers, agents, and
contractors follow a policy of prohibiting the inquiry into a person's immigration status or from
engaging in activities to ascertain such status;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN,
WASHINGTON,DOES RESOLVE AS FOLLOWS:
Section 1. Chapter Created. There is hereby created a Chapter 2.26 of the Burien Municipal
Code entitled"Immigration Inquiries Prohibited,"which shall read as follows:
Section 2.26.010. Inquiries Prohibited. Unless otherwise required by law or by court
order, no Burien officer, employee, agent, or contractor of the City shall inquire into the
immigration status of any person, or engage in activities designed to ascertain the
immigration status of any person.
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state
or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this Ordinance or its application to other persons or circumstances.
Section 3. Effective Date. This Ordinance shall take effect immediately upon passage by
the Burien City Council.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF BURIEN,WASHINGTON,AT
A REGULAR MEETING THEREOF THIS DAY OF ,2016.
CITY OF EURIEN
Lucy Krakowiak,Mayor
ATTEST/AUTHENTICATED:
Monica Lusk,City Clerk
Approved as to form:
Lisa Marshall,City Attorney
Filed with the City Clerk:
Passed by the City Council:
Ordinance No.
-2-
R:/CC/AAA Resolutions/Res
E BIT H -SAMPLE ORDINANCE BASED ON KING COUNTY
SANCTUARY COUNTY O ' ►INANCE DATED 11/10/2009
CITY OF BURIEN,WASHINGTON
ORDINANCE NO.,
AN ORDINANCE OF THE CITY OF RUMEN, WASHINGTON,
ADDING A CHAPTER 2.26 TO THE BURIEN MUNICIPAL CODE
RELATING TO ASCERTAINING IMMIGRATION STATUS AS IT
RELATES TO THE PUBLIC HEALTH AND SAFETY OF THE
RESIDENTS OF THE CITY OF BURIEN
WHEREAS, the City of Burien wishes to adopt an ordinance declaring the City of Burien a
sanctuary city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN,
WASHINGTON,DOES ORDAIN AS FOLLOWS:
Section 1. Chapter Created. There is hereby created a Chapter 2.26 of the Burien Municipal
Code entitled"Immigration Inquiries Prohibited"which shall read as follows:
Section 2.26.010 Findin W. The City of Burien is a code city organized under RCW
35.02 and Article 11 Section 10 of the Washington State Constitution. Under its
police powers, the City may exercise any power and perform any function, unless
preempted by state or federal law,relating to its government and affairs,including the
power to regulate for the protection and rights of its inhabitants.To this end,the City
is dedicated to providing all of its residents fair and equal access to services,
opportunities and protection. While precise figures are difficult to quantify, a 2009
Pew Hispanic Center report estimated that between one hundred forty thousand and
two hundred ten thousand undocumented immigrants live in Washington state.
Ensuring that all of the City's residents have access to necessary services and benefits
is essential for upholding the City's commitment to fair and equal access for all
residents.
The enforcement of civil immigration laws have historically been a federal
government responsibility through the Immigration and Naturalization Service. Since
2002, matters of immigration law have been handled by the Office of Immigration
and Customs Enforcement, a branch of the Department of Homeland Security.
Requiring local law enforcement agencies, which are not specifically equipped or
trained, to enforce civil immigration laws forces local governments to expend their
limited resources to perform traditionally federal functions.
A goal of this legislation is to foster trust and cooperation between law enforcement
officials and immigrant communities to heighten crime prevention and public safety.
Since 1992, the King County sheriff's office has embraced this goal and outlined
supporting policies in its operations manual,with which this ordinance is consistent.
Another goal of this legislation is to promote the public health of City of Burien
residents.
On April 22,2008,King County Superior Court affirmed the principle that our courts
must remain open and accessible for all individuals and families to resolve disputes
on the merits by adopting a policy that warrants for the arrest of individuals based on
their immigration status shall not be executed within any of the superior court
courtrooms unless directly ordered by the presiding judicial officer and shall be
discouraged in the superior court courthouses, unless the public's safety is at
immediate risk. Shortly after the affirmation's adoption, the King County Executive
and Immigration and Customs Enforcement agreed to honor this policy.
This ordinance is intended to be consistent with federal laws regarding
communications between local jurisdictions and federal immigration authorities,
including but not limited to United States Code Title 8, Section 1373.
Section 2.26.020 Prohibition. Except as provided in this section or when otherwise
required by law, a City office, department, employee, agency or agent shall not
condition the provision of City services on the citizenship or immigration status of
any individual.
A. Nothing in this ordinance shall be construed to prohibit any City of Burien
officer or employee from participating in cross-designation or task force
activities with federal law enforcement authorities.
B. The City of Burien personnel shall not request specific documents relating to
a person's civil immigration status for the sole purpose of determining whether
the individual has violated federal civil immigration laws. The documents
include but are not limited to: passports; alien registration cards; or work
permits.
C. The City of Burien personnel may use documents relating to a person's civil
immigration status if the documents are offered by the person upon a general,
nonspecific request.
D. The City of Burien police department personnel shall not use stops for minor
E. The City of Burien personnel shall not initiate any inquiry or enforcement
action based solely on a person's:
a. civil immigration status;
b. race;
c. inability to speak English;or
d. inability to understand the deputy.
F. The Seattle-King County department of public health,with which the City of
-2-.
R:/CC/AAA Ordinances/Ord
Burien contracts pursuant to RCW 39.34 and BMC 8.05.010 shall not
condition the provision of health benefits,opportunities or services on matters
related to citizenship or immigration status. The Seattle-King County
department of public health may inquire about or disclose information relating
to an individual's citizenship or immigration status for the purpose of
determining eligibility for benefits or seeking reimbursement from federal,
state or other third-party payers.
G. Except when otherwise required by law,where the City accepts presentation
of a state-issued driver's license or identification card as adequate evidence of
identity, presentation of a photo identity document issued by the person's
nation of origin, such as a driver's license, passport or matricula consular,
which is a consulate-issued document, shall be accepted and shall not subject
the person to a higher level of scrutiny or different treatment than if the person
had provided a Washington state driver's license or identification card.
However,a request for translation of such a document to English shall not be
deemed a violation of any provision of this ordinance and any subsequent
ordinance. This provision does not apply to documentation required to
complete a federal 1-9 employment eligibility verification form.
H. This section does not create or form the basis for liability on the part of the
City,its officers,employees or agents.
I. Unless permitted by this ordinance or otherwise required by state or federal
law or international treaty,all applications,questionnaires and interview forms
used in relation to the provision of City benefits,opportunities or services shall
be promptly reviewed by each agency,and any question requiring disclosure
of information related to citizenship or immigration status shall be, in the
agency's best judgment, either deleted in its entirety or revised such that the
disclosure is no longer required.
Section 3. Severability. Should any section,paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state
or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this Ordinance or its application to other persons or circumstances.
Section 4. Effective Date. This ordinance shall be published in the official newspaper of
the City, and shall take effect and be in full force five(5) days after publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF BURIEN,WASHINGTON,AT
A REGULAR MEETING THEREOF THIS DAY OF ,2016.
CITY OF BURIEN
-3 -
RJCC/AAA Ordinances/Ord
Lucy Krakowiak,Mayor
ACI EST/AUTHENTICATED:
Monica Lusk,City Clerk
Approved as to form:
Lisa Marshall,City Attorney
Filed with the City Clerk:
Passed by the City Council:
Ordinance No.:
Date of Publication:
_4_
R:/CC/AAA Ordinances/Ord
Exhibit I®Statement of Support
"We ' [the City Council of Buren,are], committed to ensuring
the safety of all our residents. We are committed to the values of equality and justice for all. We
declare that we, as elected officials in our cities [city], will uphold our duties to provide services
(where applicable by law)to every member of our communities [community],regardless of their
race,ethnicity,religion,gender,immigration status,political party or ideology,or national origin.
We are appalled whenever we see hate -- in our schools, places of worship, or anywhere in our
communities.Hateful and divisive rhetoric is un-American and drives us apart instead of building
bridges toward a more inclusive and more welcoming community.It is unacceptable that many of
our residents live in fear. It is unacceptable that any child does not feel welcome in our
communities. As students of history, we recognize that slavery, the Trail of Tears and other
violations of tribal treaty rights, the Chinese Exclusion Act, Jim Crow laws, the internment of
Japanese Americans,and Bowers v.Hardwick are stains in our American creed--that everyone is
created equal and endowed with inalienable rights. While the march toward a more equal society
is uneven, as your elected officials, we have a responsibility and a duty to stand up for the rights
of all our residents. We will to continue to work toward providing a safe environment for all of
our communities.Our cities are strengthened by a rich variety of communities that have co-existed
peacefully and respectfully for many years. We will continue to foster a protected space for every
resident of our communities,including Native Americans,African Americans,Muslim Americans,
Latinos and Hispanics, Asian Americans, LGBTQ community, and all other communities. We
believe in the primacy of the First Amendment and the freedom of worship. The freedom of
conscious is the underpinning of a democratic society and who we are as individuals. We reject
any notion that Islam, or any other religion, is incompatible with democracy. We must not accept
any law, or proclamation, that is discriminatory in nature against any religion. We value and
celebrate the diversity in our communities. Immigrants have played a significant role in making
our cities as strong and resilient as they are, and shaping the greatness of our country.We believe
that our country needs immigration reform, and we have an obligation to protect and defend all of
the members of our community. As your elected officials, we commit to developing stronger
relationships with our residents to build more inclusive, equitable communities, and to serve as a
model for our nation."
RESOLUTION NO. M--18 5 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OLYMPIA,
WASHINGTON, DECLARING THE CITY OF OLYMPIA A SANCTUARY CITY
WHEREAS, the City of Olympia is a welcoming city that serves and protects its residents
regardless of their immigration status; and
WHEREAS, the City of Olympia is a city of peace where those who are politically persecuted can
find safe haven and sanctuary, with a history of supporting immigrant rights including refugees;
and
WHEREAS, in the City Olympia all people, including immigrants, are respected and valued and
are vital to our shared prosperity; and -
WHEREAS, immigration has been a cornerstone of our city, region; state and nation's
development throughout our history; and
WHEREAS, Washington's population grew by forty thousand (40,000) unauthorized residents
between 2009 and 2014, making our state one of just six in the country with a growing
unauthorized population; and
WHEREAS, Washington is the nation's eighth largest refugee-receiving state; and
WHEREAS, an estimated one hundred thousand (100,000) Muslim residents are proud to call
Washington their home and live peacefully as our neighbors, colleagues and friends; and
WHEREAS, more than twenty-eight thousand (28,000) unauthorized youth in Washington
received temporary status through the Deferred Action for Childhood Arrivals (DACA) program,
and they deserve an opportunity to have a bright future and to contribute their time and talent
to make Olympia a city of innovation and growth;
NOW, THEREFORE,THE OLYMPIA CITY COUNCIL DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City of Olympia declares itself to be a Sanctuary City and;
Section 2. As a Sanctuary City, City employees will serve all residents, and City services will be
accessible to all residents regardless of immigration status; and
Section 3. The City of Olympia will not inquire upon a resident's immigration status in providing
municipal services or in the course of law enforcement; and
CO°.
1
Section 4. Asa Sanctuary City, the City of Olympia will have policies that instruct employees to
refuse the application of any request from a state or federal agency that requires the
identification of a resident's immigration status, leaving that determination to federal
authorities; and
Section 5. The City of Olympia shall refuse any requests that are an extension of any federal
immigration policy enforcement actions to federal authorities and shall not enter into any
agreements to carry out such federal enforcement actions, but leave such actions to federal
authorities; and
Section 6. The City of Olympia shall review its policies to ensure that they reflect Olympia's
status as a Sanctuary City, including possible revision of City policies to comply with this
Resolution.
dig
PASSED BY THE OLYMPIA CITY COUNCIL this 13, day of December 2016.
'AA
MAYOR /
ATTEST:
c A 0
yTy CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
2
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City of �=��������N��
Seattle
Office of the Mayor
City of Seattle
Edward B.Murray,Mayor
Executive Order 2016-08:An Executive Order reaffirming existing policies and providing guidance
to City employees on protecting immigrants' access to police protection and public services and
establishing an"Inclusive and Equitable City Cabinet"to coordinate city efforts to protect the civil
liberties and civil rights of all Seattle residents.
WHEREAS,Seattle is a welcoming city that serves and protects its residents regardless of their
immigration status;and
WHEREAS,in Seattle,all people,including immigrants,are valued contributors and are vital to our
shared prosperity; and
WHEREAS, Seattle fosters a culture and policy environment that makes it possible for Seattle to
be a vibrant,global city where our immigrant and refugee residents can fully participate in and be
integrated into the social,civic,and economic fabric of their adopted city; and
WHEREAS, nearly one in five Seattle residents is an immigrant or refugee and 129 languages are
spoken in our public schools;and
WHEREAS, Washington's population grew by 40,000 unauthorized residents between 2009 and
2014, making our state one of just six in the country with a growing unauthorized population
during a time when numbers have decreased nationally;and
WHEREAS, Washington is the country's 8m largest refugee-receiving state and a majority of the
estimated 3,000 new arrivals each year are re-settled in Seattle-King County;and
WHEREAS,100,000 Muslim residents are proud to call Washington their home and live peacefully
as our neighbors,colleagues,and friends;and
WHEREAS, more than 28'000 unauthorized youth in Washington received temporary status
through the Deferred Action for Childhood Arrivals (DACA) program and they deserve an
opportunity to have a bright future and to contribute their time and talent to make Seattle a city
of innovation and growth;
NOW THEREFORE, I, EDWARD B. MURRAY, Mayor of Seattle, hereby reaffirm the City's
commitment to be a welcoming city for all Seattle residents by ordering the following actions:
1
Section 1.City employees will not ask about immigration status. Seattle Ordinance 121063 passed
in 2003 instructs all City employees to refrain from inquiring about the immigration status of any
person except police officers where police officers have a reasonable suspicion that a person is
committing or has committed a felony criminal-law violation.
Section 2.City employees will serve all residents and city services will be accessible to all residents,
regardless of immigration status. Seattle Resolution 30672 passed in 2004 reaffirms Ordinance
121063 and states that City agencies and law enforcement cannot withhold services based on
several identities, including ancestry, race, ethnicity, national origin, color, age, sex, sexual
orientation,gender variance,marital status,physical or mental disability,or religion.
Section 3. City employees will defer detainer requests from the U.S. Department of Homeland
Security's Immigration and Customs Enforcement (ICE)to King County. Because jails are in King
County's jurisdiction and enforcing civil federal immigration violations are in the purview of the
U.S. Department of Homeland Security;City department directors are hereby directed to comply
with the City's practice to defer to King County on all ICE detainer requests.King County Ordinance
17886 passed in 2014 clarifies that the County will only honor ICE detainer requests that are
accompanied by a criminal warrant issued by a federal judge or magistrate.
Section 4. City department directors will use tools at their disposal, including meetings and
trainings,to direct their staff to comply with the City's and County's policies described above.A
communication will be issued by City departments to their staff by January 31,2017.
Section 5.City departments will issue a letter to all contractors receiving General Fund dollars to
clarify and inform about the policies described above. A communication will be issued by City
departments to their contractors by January 31,2017.
Section 6.An "Inclusive and Equitable City Cabinet" is hereby established. Deputy Mayor Hyeok
Kim shall lead and coordinate efforts across City departments and provide oversight and
evaluation of outcomes.
a. The following Departments shall be primary members of the "Inclusive and
Equitable City Cabinet":
• Seattle Police Department
• Office of Civil Rights
• Office of Immigrant and Refugee Affairs
• Department of Neighborhoods
• Office of Economic Development
• Office of Policy and Innovation
• City Budget Office
• Office of Intergovernmental Relations
• Department of Education and Early Learning
• Seattle Human Services Department
• Office of Labor Standards
• Seattle City Attorney's Office(Ex-Officio)
2
b. ThegVa| ofthe "IndusiveandEquhab|eOtyCabinet" wU| betucoordinate [ity
efforts to protect the civil liberties and civil rights of all Seattle residents and
provide supportive services and information as necessary to communities of
color, people with disabilities, women, LGBTQ residents, people who are low-
income, immigrants and refugees in light of potential changes in Federal
Government policy and operations.
Section 7. The "Inclusive and Equitable City Cabinet" is hereby directed to implement the
following:
a. Develop a programmatic investment strategy for 5l5q0OO in funding
included in the 4th Quarter Supplemental Budget of 2016 to directly
address the needs of unauthorized immigrant children and family
members within the Seattle Public Schools system.
b. Develop a comprehensive public awareness effort around anti-hate
speech and hate crimes.
c. Conduct a comprehensive review of potential implications on City
Departments – policy or financial – given direction and available
information about any new initiatives and intent of the incoming
Presidential administration.
d. Collaborate with immigrant and refugee community stakeholders and
community based organizations to identify any new or expanded efforts
for partnership with the City and specifically the Office of Immigrant and
Refugee Affairs and identification of priority needs.
e. Develop a forum for regional coordination with othercities in King County
as well as Pierce and Snohomish Counties to share knowledge and
information about the City's efforts.
f. Develop a specific agenda and action plan for the Mayor to take to the
West Coast Mayor's Summit in San Francisco in December and to the US
Conference of Mayors in Washington DC in January to build a coalition
of inclusive and equitable cities in support of immigrants and their civil
rights and civil liberties.
Inquiries by City departments and offices regarding this Executive Order should be directed to
Deputy Mayor Hyeok Kim at(206)684-5360.
Dated this 23 day of November,2016
605 oder:
EgWerterriAurray
e" Mayor of Seattle —
3
King County Council protects public safety and health by ensuring all residents have acce... Page 1 of 4
4 King County
N Metropolitan King County
W Council News
King County Council protects public
safety and health y ensuring all
residents have c to ervi
November 9, 2009
Summary
Measure codifies existing County practices; amendments ensure
consistency with federal law
Story
The Metropolitan King County Council acted today to formally adopt policies that
enhance public safety and public health throughout King County. Under the legislation,
all King County residents, regardless of immigration status, can now feel safe in coming
forward to report crimes, assist in police investigations and seek preventive medical
treatment, protecting the public at large and saving taxpayer dollars.
"I want to thank the coalition of community groups and the Executive's Office for
bringing this issue to the Council's attention," said Councilmember Larry Gossett, prime
sponsor of the legislation. "With this legislation, we have taken one more step forward in
immigration reform."
The adopted legislation makes the provision of county services available to all residents
regardless of citizenship or immigration status, except as otherwise required by law.
Fully consistent with federal law, the legislation adopts the current practices of King
County departments, including the Sheriff's Office, Public Health, Adult and Juvenile
Detention, and the Prosecuting Attorney's Office.
In testimony taken before the Council's Committee of the Whole, the King County
Sheriff's Office and Public Health - Seattle & King County said the ordinance codifies
existing practices in their agencies, is cost-neutral, and constitutes policies that will keep
E.
http://www.kingcounty.gov/council/news/2009/November/immigration.aspx 12/20/2016
King County Council protects public safety and health by ensuring all residents have acce... Page 2 of 4
communities safer and in better health.
"These policies are critical to public safety," said King County Sheriff's spokesman Sgt.
John Urquhart, who said the ordinance follows the Sheriff's operations manual. "This
policy has worked very well for the Sheriff's Office for 20 years. We could not do our job
if people were afraid to come to us as witnesses or victims. We have to have that
cooperation to do effective investigations and protect the public."
"This is good medicine that improves the public health of King County," said Dr. David
Fleming, Director and Chief Health Officer of Public Health - Seattle & King County. "The
preventive care we provide through pre-natal care and immunizations, regardless of
immigration status, saves us medical resources and tax dollars in the long term."
The Prosecuting Attorney's Office affirmed that the legislation is consistent with all
federal, state, and local laws and allows the county to continue its current cooperation
and communication with federal immigration authorities.
"We heard from the experts today. The Sheriff's Office said these policies improve public
safety. Our health experts said these policies protect the health of our communities and
prevent the spread of disease," said Council Vice Chair Bob Ferguson. "I agree."
"Our community will be safer when all individuals trust they can cooperate with law
enforcement officers and public health officials without fear of discrimination or
retribution based on immigration status," said Councilmember Larry Phillips. "King
County is named in honor of the Reverend Martin Luther King, Jr. because our residents
value the principles of trust and nondiscrimination."
"King County has long observed policies that its employees not inquire into the
immigration status of the people with whom they interact," said Council Chair Dow
Constantine. "This law makes our county safer. No person should avoid reporting a
crime, testifying in court, or seeking treatment for an illness because of immigration
status."
"If an epidemic starts in a population that doesn't have access to care, it's only a matter
of time before it spreads to everyone," said Councilmember Julia Patterson, chair of the
King County Board of Health. "Diseases like H1N1 flu don't discriminate based on
whether or not you're a legal citizen, and therefore, restricting access to care for some
hurts us all."
In addition to ensuring equal access to county services for all residents, the ordinance
outlines specific requirements for the Sheriff's Office and Public Health in the handling
information pertaining to immigration status.
• The legislation codifies current Sheriff policies that King County Sheriff's deputies
cannot request specific documents, such as passports, alien registration cards or work
http://www.kingcounty.gov/council/news/2009/November/immigration.aspx 12/20/2016
King County Council protects public safety and health by ensuring all residents have acce... Page 3 of 4
permits, for the sole purpose of determining whether the individual has violated federal
civil immigration laws,
• The legislation codifies current Sheriff policies that deputies cannot use stops for minor
offenses, such as traffic stops, to determine an individual's immigration status,
• The legislation codifies current Sheriff policies that deputies shall not initiate any
inquiry or enforcement action based solely on a person's civil immigration status, race,
inability to speak English or inability to understand the deputy,
• The legislation codifies current Public Health policies that Public Health shall not
condition the provision of health services on matters related to citizenship or immigration
status.
wa nye '
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http://www.kingcounty.gov/council/news/2009/November/immigration.aspx 12/20/2016
King County Council protects public safety and health by ensuring all residents have acce... Page 4 of 4
Last Updated May 5, 2015
http://www.kingcounty.gov/council/news/2009/November/immigration.aspx 12/20/2016
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a welcome to everyone as equal, valued members of the school community.
It is a school that is proud to be a place of safety and inclusion for all.
The programme began in Yorkshire, England, but there are now Schools of
Sanctuary in Wales and Ireland and the resources can be adapted for a
variety of school demographics and education systems. We strongly
encourage schools to work in partnership with local City of Sanctuary groups
and other partner organisations.
If you would like to know more about getting the programme started, please
get in touch through the contact page.
https://schools.cityofsanctuary.org/ 1/3/2017
Why become a School of Sanctuary? Page 1 of 4
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Dear Rhys,
https://s chools.cityofsanctuary.org/becoming/why/ 1/3/2017
Portland schools follow Trump sanctuary campus movement to limit immigration agents' ... Page 1 of 2
Portland schools follow Trump sanctuary campus
movement to limit immigration agents' access
By Bethany Barnes I The Oregonian/OregonLive
ri Email the author
on November 17,2016 at 6:09 PM,updated November 18,2016 at 9:29 AM
Donald Trump's victory won't allow immigration officials to rifle through student records and barge
into classrooms,the Portland School Board voted unanimously on Thursday. PORTLAND PUBLIC
SCHOOLS
The resolution limiting federal immigration agents'access to Portland schools comes a little more
than a week after the election of Donald Trump,whopromised duringhis campaign to de ort Pu �t do people want wdrrori7ortlanrt
P V:Dt.�trlue;twtc;tue}ul,,, next Co-:ad�;ry
millions of undocumented immigrants.
Trump was not invoked by name at the meeting, but it was clear his election was the catalyst. l After a�C1n.uVS of snowy bus k delays,
Portland schools to rethink closures,
Qx„rni un llultfon
"Regardless of what anyone says,whether it's someone in the streets, at work or in our oval office
we will look out for each other,"said school board member Julie Esparza Brown at the meeting. New Portland superintendent will he
expected to address"burl and paln,�
"Even if there is no physical wall we have invisible walls built between us. Instead we must stand
together as brothers and sisters." Parent actilyist running for Per rd
School Board
The mention of a wall is a clear reference to a centerpiece of Trump's campaign:To build a wall
along the Mexico border. "A flit eveovtialhoelnred': Portland school
buses see crashes,delays
Although the resolution aims to steel the school against a threat of federal agents yanking
children out of classrooms and snooping on families through school records, there is no indication AN Stories
this is likely or even possible.
Schools are barred from turning over a student's immigration status to federal agents per the The Family Educational Rights and
Privacy Act.
The resolution says immigration employees can't come on to campus without notifying the school.
Additionally,enforcement agents must provide written authorization and an explanation of why they want to enter the school,the
resolution says. It also empowers the superintendent and district lawyer to ask agents for credentials and"evidence of reasonable
suspicion."
The resolution also calls for the superintendent to create a plan within 90 days to train teachers on how to react if immigration agents
ask them about students.Teachers will also be trained on how to comfort students with family members who have been deported.
The rise of Trump has embroiled the nation in a heated debate about immigration policy that's been felt acutely in schools. Universities,
including Portland State, have erupted with student protests demanding"sanctuary campus"commitments to rebuff immigration raids.
Portland Public Schools students have walked out in protest and on Tuesday interim Superintendent Bob McKean told families the
district had seen a significant rise in of hate speech since the election.
Los Angeles'public schools already had a resolution in place similar to Portland Public Schools, but after the election they decided to
reaffirm it,according to the Los Angeles Times.
http://www.oregonlive.com/education/index.ssf/2016/11/portland_district_follows_sanc.html 1/3/2017
RESOLUTION No. 5363
Rights of Undocumented Students and Protocols for INS and ICE Access to Schools
RECITALS
A. The Board of Education for Portland Public Schools is committed to the success of every student
in each of our schools. The mission of Portland Public Schools is that by the end of elementary,
middle, and high school, every student by name will meet or exceed academic standards and will
be fully prepared to make productive life decisions. We believe that every student has the
potential to achieve, and it is the responsibility of our school district to give each student the
opportunity and support to meet his or her highest potential.
B. The Board believes that the physical safety and emotional well-being of all children in the District,
and ensuring that our schools are safe and inviting for all students and their families is paramount
to students being able to achieve. PPS does not tolerate any form of discrimination, harassment
or bullying (4.30.060-P Anti-Harassment Policy).
C. This safe and inviting environment would be disrupted by the presence of the Immigration and
Naturalization Service employees who come on to PPS property for the purposes of removing
students or their family members, or obtaining information about students and their families.
D. The Board further believes that students'ability to achieve is negatively impacted by the removal
of their family members during ICE raids that leave students without supervising adults to care for
them, and that the District should have in place policies and procedures to protect and care for
such students until a guardian or other designated adult is contacted, and that all teachers,
administrators and staff should be trained on such procedures.
RESOLUTION
1. Any Immigration and Naturalization Service (INS)employee intending to enter any Portland
Public Schools property must first notify the Superintendent and the District's General Counsel, in
person, of its intention, with adequate notice so that the Superintendent and General Counsel can
take steps to provide for the emotional and physical safety of its students and staff.
2. The Superintendent and/or General Counsel are authorized to ask for the ICE agent's
credentials, ask the agent why he or she is requesting access, and ask the agent what evidence
of reasonable suspicion exists.
3. Immigration Control Enforcement(ICE) personnel must provide written authority from the INS
instructing them to enter District property and for what purpose.
4. Portland Public Schools staff shall not ask about a student's immigration status or that of the
student's family members, and pursuant to FERPA shall not disclose, without parental consent,
the immigration status of any PPS student or personal information.
5. Within the next 90 days the Superintendent shall develop a plan for training teachers,
administrators and other staff on how to respond to ICE personnel who are requesting information
about PPS students and families and are attempting to enter PPS property. The plan shall also
include procedures for notifying families about INS and ICE efforts to gain information about
students and families, and how to support students whose family members have been displaced
because of ICE. This plan shall be communicated to all PPS families in all supported languages.
Subject:Communication regarding students and immigration status
Colleagues-I know that many of you are working with your immigrant community to
help alleviate fears and concerns that have been raised as a result of the election and
ongoing discourse. In an effort to support your communication needs I am forwarding
you a communication piece that School District recently shared with their
staff. It provides some concrete information regarding student's immigration status
and what to do if Immigration and Customs Enforcement, (ICE), should show up at a
school.
The concerns and fears among our immigrant and refugee communities are real and
often staff share those concerns and are not sure how to respond. You would likely
want to customize this a bit for your district and culture, but it does provide some good
information if this is something you are seeking.
If you have other communication needs or support please don't hesitate to let me or
know.
Take care.
Good afternoon,
In recent weeks a number of immigration-related questions have been asked, especially
around the role of public schools. We wanted to get information and a common
message out to each of you to ensure that everyone is on the same page in terms of rules
and expectations.
It is longstanding practice that public school districts educate every student in their
jurisdiction--without regard to immigration status. The United States Supreme Court
upheld this in Plyer v. Doe, where the Court held that the obligation to provide a public
education extended to those in the country without documentation.
Because our obligation to educate does not consider immigration status, we do not ask
for,nor do we want to know, a student's or family member's immigration status. If a
student or family member self-discloses their status it should not be put into a student's
file, nor should a record be kept of the disclosure. This is why we recently put out a
reminder that if you are working with a partner organization to host an immigration
workshop, to not collect names or other information of people who attend the
workshop. It is best to not have this information retained anywhere in a school.
A frequent question has been whether the district would release information about a
student's status. Because we do not ask for or retain immigration status details, the
short answer is that we have no information to release. The longer answer is that we
don't release any information about students (beyond directory information) to
anyone without consent from the parent, or unless we have a subpoena from a judge
ordering us to release the information.
Another question is around what to do if Immigration & Customs Enforcement (ICE) or
another organization comes to your school and requests information about students, or
asks to speak with a student.
• If ICE or any other person comes to school and requests student files or
information about students,you should tell them no, and refer them to
• If ICE or any other person comes to school and says that they have an
order requiring that you release information, take a copy of the order and
email it to . Let the person know that you will not be able to
release information until you receive authorization.
o "Any other person" really means that—occasionally police
officers, parole officers, or others will come to a campus and say
"I'm working with Student X, can you make me a copy of the
file?"—the answer still is "no", unless you have a consent from a
parent or a subpoena. You should always feel free to send these
people our way so that we can sort out what is appropriate.
The one exception to the above is VERY RARE and involves law enforcement wanting
to come on campus to execute an arrest warrant on a student. If this happens you may
not be able to stop it, but contact immediately for support.
Last, I want to stress that Public Schools does not tolerate bullying,
harassment, or intimidation of any kind. It is our responsibility to ensure that each of
our students feels safe at school. If you see something--be it name calling, signs, or
physical intimidation you have an obligation to report it and take action.
I recognize that this cannot answer every question about this sensitive topic, and that
the upcoming months may raise additional questions. Please know that Cabinet
members are monitoring both what is happening in schools as well as local and national
news, and that if additional questions arise we can put out more information. And if
you have additional questions please continue to reach out so that we can get
information out to everyone.
Thank you for keeping our students' and families' interests and safety at heart while
continuing to hold high expectations for student success. Each of us plays an important
role in ensuring we know our students by name, strength and need, and that they
graduate ready for the next steps in their lives.
Distributed at thea
Meeting l /
Comments received in the Council inbox re sanctuary cities (copied as submitted)
January 9
Marilin Myers, marlin myers(c�hotmail corn
Voicing my concern as a person born and raised here Please do not allow this
to happen Thank you
Paul Kogut, pkoqut(c(c�silgancontainers.com
http.//www.breitbart com/texas/2017/01/09/washington-city-council-consider-
sanctuary-city-label/
What are you folks thinking? As if we don't have enough crime for a small town,
throw out the welcome mat for other law breakers? I will tax my property tax
dollars outside of the county if we go done this path Also, Eastern WA
overwhelming voted REP in Presidential election, what are you thinking here
Very Concerned
January 8
Bob and Suzy West, wwwest@wabroadband corn
My wife and I are adamantly against Yakima becoming a Sanctuary City Some
of the reasons for our opposition follow
Because sanctuary cities facilitate and encourage illegal immigration, they are
unfair to legal immigrants, who waited in line, followed the rules and showed
respect for the law, and they act like a magnet encouraging more illegals to come
here
There are costs associated with Sanctuary cities These costs are a burden to
their citizens and legal immigrants —that they shouldn't have to bear Tax
dollars that ought to benefit the people who paid them go instead to underwrite
hospital, police, prisons and schools for those who are not entitled to be here in
the first place
Sanctuary cities breed disrespect for the rule of law When the police, of all
people, are told by politicians running the city to look the other way at illegal
immigration, what message does that send? If elected officials pretending to be
leaders can turn their backs on laws they dislike, where does that "principle"
stop? Are such leaders also free to disregard federal laws against heroin and
LSD and what is next?
In 1996, the Illegal Immigration Reform and Immigrant Responsibility Act was
passed It called for local governments to cooperate with ICE, now under the
Department of Homeland Security and the agency responsible for responding to
illegal immigrants through detaining or deportation Sanctuary cities have elected
to defy the immigration act and refuse to cooperate with ICE
When officials or citizens refuse to report illegal aliens to ICE, repeat offenders
are often released and commit more crimes instead of being detained or
deported
January 6
Daniel Ullom, ulohdan(a�gmail corn
With the coming inauguration of Donald Trump, I find it especially urgent to write
to the Yakima City Council and advocate for making Yakima a sanctuary city In
short, our valley has relied on migrant labor as a core part of our economy for so
long that it would be reckless to allow Trump's proposed policy on immigrants to
take effect in our city We also have a moral obligation to protect such vital
members of our community who have do not have legal status
I grew up in Toppenish and Yakima and I have worked in the fruit industry, in
orchards and fruit warehouse and fruit stands, and I have seen many
undocumented workers spending their energy and time making our economy run
smoothly My parents have spent their careers working for the Yakima Valley
Farmworker's Clinic, providing healthcare for those who needed it, and they have
always led me to see immigrant families as part of our community And I have
seen neighbors and classmates deported, and as best I possibly could, I
understood the impact this had on individuals and families My sister works at
MLK elementary, and talked about how her entire class was crying the morning
after Trump was elected These are children who are scared about their future in
the world There are too many hardworking people who make Yakima the city
that it is for us to allow a reckless and impulsive man like Donald Trump to
impose his terrible ideas on immigration
My understanding thus far, informed by a September speech, is that Trump
wants to a) build a wall b) deport anyone who crosses the border illegally and c)
have zero tolerance for criminal aliens My biggest concern is with b I don't know
how he can actually implement such an impossible strategy, but he certainly will
continue our current policy of separating parents from their children and reducing
the workforce in Yakima
One of Trump's major concerns is that illegal aliens compete directly with the US
workforce for low-skill jobs This does not apply to Yakima We need migrant
farmworkers And we need their families to support them There is a great book
by Erasmo Gamboa called Mexican Labor & World War II, which I highly
recommend you read In it, he describes how orchard owners broke a stalemate
with organized white labor in the valley by advocating for a federal policy of
importing labor from Mexico We all know this story In a sense, this is what
Trump is talking about--"Mexicans taking away our jobs" But Gamboa goes on to
describe how poorly these workers were treated They were promised decent
pay, food, lodging, and healthcare, and were given barely any of these things
They were cruelly exploited by some of the most well-off members of our
community, and my sense is that this is still true to this day
If there is anyone who we should be targeting to solve our labor problems, it is
not the migrant farmworkers who perform some of the hardest work in the Valley
It's not the families, who through the years, have become part of our community
If people had been paid fairly for their labor in the beginning, we might not be
facing such narrow-minded proposals that Trump had laid out But to get into
labor policy in this letter would be unreasonable My point is using immigrants as
a scapegoat for deeper systemic problems will not accomplish anything besides
adding more pain and frustration into the world
My hope is that the Council already feels the need to step and protect our
community from these xenophobic and short-termed ideas Donald Trump is
planning on implementing He has already threatened to retaliate against cities
that decide to become sanctuary cities, but there is always the hope that if
enough cities across the nation make this similar decision, Trump will be forced
to face the reality immigration in America Yakima has reaped too many benefits
from illegal immigration to sit back and let other cities act first. We should lead
the charge on this
Thank you for reading my letter and I hope it is factored into your decisions in
2017 Thank you for the time and energy you spend being leaders in Yakima
P S I highly recommend reading Gamboa's book Mexican Labor & World War II
If you don't have a copy, I will mail you mine!