HomeMy WebLinkAboutORDINANCES-2016-156-O-1611 /22/2016
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AN ORDINANCE
Amending Title 1 of the Evanston City Code to Add Chapter 21 to
Codify Evanston as a "Welcoming City"
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS THAT:
SECTION 1: Legislative Statement.
The City of Evanston welcomes diversity and believes that all individuals living in
or visiting the City of Evanston should be treated fairly and with respect and dignity.
The City Council wishes to further enhance the City's relationship with immigrant
communities and make the City of Evanston an immigrant -friendly City. This Ordinance
discourages unlawful discrimination and strongly supports the equal treatment of all
individuals regardless of national origin.
The City Council finds that achieving and maintaining a community that treats
documented and undocumented immigrants with respect and dignity is in line with the
public policy of the City and the principles upon which the United States was founded.
This Ordinance will promote the general welfare of City of Evanston residents and
visitors alike.
Article VII, Section (6)a of the Illinois Constitution of 1970, states that the "powers
and functions of home rule units shall be construed liberally," and written "with the
intention that home rule units be given the broadest powers possible" (Scadron v. City
of Des Plaines, 153 111.2d 164). Pursuant to 65 ILCS 5/1-2-1, the City may make all rules
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and regulations to carry out powers granted to the City, which are broad complementing
the City's home rule powers. At meetings held in compliance with the provisions of the
Illinois Open Meetings Act (5 ILCS 120/1 et seq.), the City Council considered this
Ordinance, heard public comment, and made findings. It is well -settled law in Illinois
that the legislative judgment of the City Council must be considered presumptively valid
(see Glenview State Bank v. Village of Deerfield, 213 III.App.3d 747(1991)) and is not
subject to courtroom fact-finding (see National Paint & Coating Assn v. City of Chicago,
45 F.3d 1124 (1995)).
SECTION 2: Title 1 of the Evanston City Code of 2012, is hereby
amended to add Chapter 21, Welcoming City Ordinance, which shall read as follows:
CHAPTER 21 — WELCOMING CITY ORDINANCE
1-21-1: SHORT TITLE.
This Chapter shall be known and may be cited as the EVANSTON WELCOMING CITY
ORDINANCE.
1-21-2: PURPOSE.
The vitality of the City of Evanston (the "City"), as an ethnically, racially and religiously
diverse city in the State of Illinois, is built, in part, on the strength of its immigrant
communities in the City. The City Council finds that the cooperation of all persons, both
documented citizens and those without documentation status, is essential to achieve
the City's goals of protecting life and property, preventing crime and resolving problems.
Furthermore, immigrant community members, whether documented citizens or not,
should be treated with respect and dignity by all City employees and should not be
subjected to physical abuse, threats, or intimidation. One of the City's most important
goals is to enhance the City's relationship with the immigrant communities.
Due to the City's limited resources; the complexity of immigration laws; the clear need to
foster the trust of and cooperation from the public, including members of the immigrant
communities; and to effectuate the City's goals, the City Council finds that there is a
need to clarify the communications and enforcement relationship between the City and
the federal government and to clarify what specific conduct by City employees is
prohibited because such conduct significantly harms the City's relationship with
immigrant communities. The purpose of this Chapter is to establish the City's
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procedures concerning immigration status and enforcement of federal civil immigration
laws and to identify the conduct that City employees may not engage in when
interacting with community members.
1-21-3: CONSTRUCTION.
This Chapter shall be construed according to the fair import of its terms and shall be
liberally construed to further the purposes and policy stated in this Section and the
special purpose of the particular provision involved.
1-21-4: SEVERABILITY.
If any provision of this Chapter or the application thereof to any person or circumstances
is held invalid, the remainder of this Chapter and the application of the provision to other
persons not similarly situated or to other circumstances shall not be affected thereby.
1-21-5: DEFINITIONS.
For the purposes of this Chapter, the following terms shall have the following meanings:
ADMINISTRATIVE WARRANT
AGENCY
AGENT
CITIZENSHIP OR IMMIGRATION
STATUS
COERCION
Any document issued by ICE that can form
the basis for an individual's arrest or
detention for a civil immigration
enforcement purpose. This definition does
not include any criminal warrant issued
upon a judicial determination of probably
cause, and in compliance with the
requirements of the Fourth Amendment to
the U.S. Constitution and Article I, Section
6 of the Illinois Constitution.
Every City department, division, council,
committee, board, or other body
established by authority of an ordinance,
or City Council resolution.
Any person employed by or acting on
behalf of the City of Evanston.
All matters regarding questions of
citizenship of the United States or any
other country, the authority to reside in or
otherwise be present in the United States.
The use of improper or unlawful force or
threats, express or implied, in order to
compel a person to act against his or her
will. Coercion also includes compelling a
person to make statements.
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ICE The United States Immigration and
Customs Enforcement Agency and shall
include any successor agency charged
with enforcement of civil immigration laws.
IMMIGRATION DETAINER A request by ICE to a federal, state or
local law enforcement agency to provide
notice of release or maintain custody of an
individual based on an alleged violation of
a civil immigration law.
VERBAL ABUSE The use of oral or written remarks that are
overtly insulting, mocking, or belittling,
directed at a person based upon the actual
or perceived race, immigration status,
color, ancestry, or national origin.
1-21-6: REQUESTING INFORMATION PROHIBITED.
No agent or agency shall request information about or otherwise investigate or assist in
the investigation of the citizenship or immigration status of any person unless such
inquiry or investigation is required by Illinois State Statute, federal regulation, or court
decision. Notwithstanding this provision, the Corporation Counsel may investigate and
inquire about immigration status when relevant to potential or actual litigation or an
administrative proceeding in which the City is or may be a party.
1-21-7: THREATS BASED ON CITIZENSHIP OR IMMIGRATION STATUS
PROHIBITED.
No agent or agency will coerce, including improper or unlawful threats of deportation, or
engage in verbal abuse of any person based upon the person's or the person's family
members' actual or perceived citizenship or immigration status.
For purposes of this Section, "family member" means a person's:
1. Mother, father, spouse, brother or sister (including blood, step or half), son or
daughter (including blood, step or half), father-in-law, mother-in-law, daughter-in-
law, son-in-law, brother-in-law, sister-in-law, grandparent or grandchild; or
2. Court -appointed legal guardian; or
3. Domestic partner or the domestic partner's mother, father, brother, sister
(including blood, step, or half), son or daughter (including blood, step or half).
1-21-8: DISCLOSING INFORMATION PROHIBITED.
Except as otherwise provided under applicable federal law, no agent or agency shall
disclose information regarding the citizenship or immigration status of any person
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unless required to do so by legal process or such disclosure has been authorized in
writing by the individual to whom such information pertains, or if such individual is a
minor or is otherwise not legally competent, by such individual's parent or guardian.
1-21-9: CONDITIONING BENEFITS, SERVICES, OR OPPORTUNITIES ON
IMMIGRATION STATUS PROHIBITED.
(A) No agent or agency shall condition the provision of City of Evanston benefits,
opportunities, or services on matters related to citizenship or immigration status
unless required to do so by statute, federal regulation, or court decision.
(B) Where presentation of an Illinois driver's license or identification card is accepted
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
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
an Illinois driver's license or identification card except that this subsection (B)
shall not apply to the completion of the federally mandated 1-9 forms.
1-21-10: CIVIL IMMIGRATION ENFORCEMENT ACTIONS — FEDERAL
RESPONSIBILITY
(A) Except for such reasonable time as is necessary to conduct the investigation
specified in Subsection (D) of this Section, no agency or agent shall:
1. Arrest, detain or continue to detain a person solely on the belief that the
person is not present legally in the United States, or that the person has
committed a civil immigration violation;
2. Arrest, detain, or continue to detain a person based on an administrative
warrant entered into the Federal Bureau of Investigation's National Crime
Information Center database, or successor or similar database maintained
by the United States, when the administrative warrant is based solely on a
violation of a civil immigration law; or
3. Detain, or continue to detain, a person based upon an immigration
detainer, when such immigration detainer is based solely on a violation of
a civil immigration law.
(B) Unless an agency or agent is acting pursuant to a legitimate law enforcement
purpose that is unrelated to the enforcement of a civil immigration law, no agency
or agent shall:
1. Permit ICE agents access to a person being detained by, or in the custody
of, the agency or agent;
2. Permit ICE agents use of agency facilities for investigative interviews or
other investigative purpose; or
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3. While on duty, expend their time responding to ICE inquiries or
communicating with ICE regarding a person's custody status or release
date.
(C) An agency or agent is authorized to communicate with ICE in order to determine
whether any matter involves enforcement based solely on a violation of a civil
immigration law.
(D) This Section shall not apply when an investigation conducted by the agency or
agent indicates that the subject of the investigation:
1. Has an outstanding criminal warrant;
2. Has been convicted of a felony in any court of competent jurisdiction;
3. Is a defendant in a criminal case in any court of competent jurisdiction
where a judgment has not been entered and a felony charge is pending;
or
4. Has been identified as a known gang member either in a law enforcement
agency's database or by his or her own admission.
1-21-11: NO PRIVATE CAUSE OF ACTION.
This Chapter does not create or form a basis for liability on the part of the City, its
agents, or agencies. The exclusive remedy for violation of this Chapter shall be through
the City's disciplinary procedures for officers and employees under regulations including
but not limited to this City personnel rules, Code of Ethics, union contracts, or any other
City rules and/or regulations. If a complaint is received for a possible violation of this
Chapter by a member of the Evanston Police Department, the City Manager shall
transmit it to the Evanston Police Department, Office of Professional Standards, for
processing and review.
1-21-12: EXCHANGING FILE INFORMATION.
All applications, questionnaires, and interview forms used in relation to City of Evanston
benefits, opportunities, or services shall be promptly reviewed by the pertinent agencies
and any questions regarding citizenship or immigration status, other than those required
by statute, ordinance, federal regulation or court decision, shall be deleted within ninety
(60) days of the passage of this Ordinance.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
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without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 5: The findings and recitals herein are declared to be prima
facie evidence of the law of the City and shall be received in evidence as provided by
the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 6: Ordinance 156-0-16 shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by law.
Introduced:jA1PM\--)P, - 2-a, 2016
Adopted:�fl ,F- -AY),x- Q— , 2016
Attest:
G
RoSney Gr(ie, City Clerk
Approved:
2016
Eliz th B. Tisdahl, Mayor
Approved as to form:
W. Grant Farrar, Corporatio t-Counsel