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This ordinance amends New York City Local Law 62 in order to ensure consistency among City agencies that work with Immigration and Custom Enforcement. Under the ordinance, the definitions of 'convicted of a crime' and 'pending criminal case' would be harmonized with the definitions in Local Law 21. The ordinance also requires the DOC to report: the total number of detainers lodged disaggregated by the reason given by immigration authorities for issuing the detainers; the number of persons held pursuant to detainers beyond the time when such individual would otherwise be released from DOC custody disaggregated by the reason given by immigration authorities for issuing the detainers; the number of individuals transferred to immigration authorities pursuant to detainers subsequent to the dismissal of the criminal case that brought the individual into the department's custody; the number of individuals transferred to the custody of immigration authorities pursuant to civil immigration detainers who had no misdemeanor or felony convictions and had an outstanding warrant of removal or previously had been subject to a final order of removal; the number of individuals transferred to immigration authorities pursuant to detainers who had no misdemeanor or felony convictions and were charged with a felony or felonies in a pending covered criminal case; the number of individuals transferred to immigration authorities pursuant to detainers who had no misdemeanor or felony convictions and were charged solely with a misdemeanor or misdemeanors in a pending covered criminal case; and the number of individuals held pursuant to detainers beyond the time when such individuals would otherwise have been released from the department's custody who were not transferred to the custody of immigration authorities either because of the expiration of the forty-eight-hour hold period or because immigration authorities disavowed an intention to assume custody.
This ordinance: prohibits any city management employee from unlawfully detaining or permit an unlawful detention or profiling based on certain lists classes; prohibits any city management employee from officially assisting or voluntarily cooperating with investigations, interrogations, or arrests that are in violation of an individual's civil rights; requires a city management employee to promptly notify the city manager when said employee is contacted and asked by another law enforcement agency in the investigation, interrogation, or arrest under the provisions of the US Patriot Act, Homeland Security Act, or related executive order; and requires the city to provide legal defense for any city management employee that is criminally charged for actions taken in compliance with this ordinance.
This fact sheet outlines the constitutional, statutory, and ethical reasons that judges should not solicit or otherwise require defendants to disclose, orally or in writing, their citizenship/immigration status when that status is not a material element of the offense with which they are charged.
The ordinance prohibits the investigation, arrest, or detention of an individual based solely on immigration status. The ordinance also prohibits Immigration and Custom Enforcement agents' access to an individual in custody unless it is for a legitimate law enforcement purpose unrelated to the enforcement of civil immigration law.
This model ordinance/executive order prohibits agencies, officers, or employees from inquiring about the immigration status of any individual applying for or receiving any service of benefit, on behalf of oneself or another, unless immigration status information is specifically required by federal or state law as a condition of receipt of such service or benefit and where immigration status information is a condition of receipt of the service or benefit, the agency, officer, or employee shall make only those inquiries necessary to determine whether an applicant or recipient is an immigrant qualified for such service or benefit. This ordinance/executive order requires that no agency, officer, or employee shall record information regarding the immigration status of an applicant for or recipient of any service or benefit unless required by federal or state law. Where federal or state law requires the recording of immigration status information, only that information specifically required shall be recorded.
This report contains hundreds of specific policy reforms spanning eight broad areas of local government policy and responsibility: economic development and job creation; infrastructure; municipal revenue; job standards; housing; education; health; and civil rights. In each area, the report first describes the importance of taking action on it and the general goals of progressive policy. Second, the report describes key proven strategies for reaching those goals and identifies several specific steps that cities can take toward their effective implementation within those strategies, citing specific examples in each case.
This ordinance amends the administrative code of the city of New York so that city employees are prohibited from inquiring into a person's immigration or citizenship status when he or she applies for or renews a food vendor's license. In addition, the ordinance requires that information about an applicant's immigration or citizenship status will not affect the consideration of a license application.
This model ordinance will ensure the protection of civil rights and liberties through several provisions. It places limits on intelligence collection and surveillance activities and restricts the use of profiling based on a person's race, religion, country of origin, and gender. It requires transparency in the data collection methods of law enforcement and prohibits local officials from enforcing federal immigration programs. In addition, it provides for civil action if a person is subjected to law enforcement activities that are not in accordance with the ordinance.
This ordinance of the Council amends, modifies, and re-enacts Article 99 of the Codified Ordinances of the City of Huntington, as Revised, Concerning People's Bill of Rights, codifying: rights related to bearing arms, free speech, due process, and privacy; and the prohibition of unconstitutional profiling or searches.
This ordinance prohibits honoring a civil immigration detainer by holding an individual beyond the time when such individual would otherwise be released or notifying federal immigration authorities of such individual's release, with the exception of certain enumerated circumstances