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HomeMy WebLinkAboutOrdinance 17-O-25, Amending Title 1, Chapter 22, Welcoming City Ordinance of the City Code 1/13/2025 17-O-25 AN ORDINANCE Amending Title 1, Chapter 22, “Welcoming City Ordinance” of the City Code WHEREAS, 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; WHEREAS, the City of Evanston wishes to further enhance its relationship with immigrant communities and make the City of Evanston an immigrant- friendly community; WHEREAS, the City of Evanston discourages unlawful discrimination and strongly supports the equal treatment of all individuals regardless of national origin, immigration status, or citizenship status; WHEREAS, the City of Evanston finds that achieving and maintaining a community that treats documented and undocumented immigrants with respect and dignity serves the public policy of the City and the principles upon which the United States was founded, and promotes the general welfare of City of Evanston residents and visitors alike; WHEREAS, the vitality of the City of Evanston has been built on the strength of its diversity and its immigrant communities; Page 1 of 11 WHEREAS, the City finds that the cooperation of all persons, both documented and those without documentation status, is essential to achieve the City's goals of protecting life and property, preventing crime, and resolving problems; WHEREAS, the City further finds that assistance from a person, whether documented or not, who is a victim of, or a witness to, a crime is important to promoting safety and security and preventing and solving crimes; WHEREAS, 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 finds that there is a need to clarify the communications and enforcement relationship between the City and the federal government; WHEREAS, the City wishes to establish clear procedures concerning immigration status and local enforcement of federal civil immigration laws, and WHEREAS, the Evanston City Council finds that it is in the best interest of the City of Evanston residents to amend the City Code to reflect these changes. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Title 1, Chapter 22, “Welcoming City Ordinance” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: CHAPTER 22 WELCOMING CITY ORDINANCE 1-22-1. SHORT TITLE. This Chapter shall be known and may be cited as the Evanston Welcoming City Ordinance. Page 2 of 11 17-O-25 1-22-2. 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. The City Council further finds that assistance from any person, whether documented or not, who is a victim of, or a witness to, a crime is important to promoting the safety of all Evanston residents. The cooperation of the City’s immigrant communities is essential to prevent and solve crimes and maintain public order, safety and security in the City. 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 its 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 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. 1-22-3. 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. 1-22-4. 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. 1-22-5. DEFINITIONS. For the purposes of this Chapter, the following terms shall have the following meanings: Page 3 of 11 17-O-25 ADMINISTRATIVE WARRANT Any immigration warrant of arrest, order to detain or release aliens, notice of custody determination, notice to appear, removal order, warrant of removal, or any other document that can form the basis for an individual’s arrest or detention for a civil immigration enforcement purpose, non-limiting examples of which include Form I-200 “Warrant for the Arrest of Alien,” Form I-205 “Warrant of Removal/ Deportation,” any predecessor or successor form, and all wants, hits or requests contained in the “Immigration Violator File” of the Federal Bureau of Investigation’s National Crime Information Center database. 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 probable 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. AGENCY Every City department, agency, division, commission, council, committee, board, or other body established by authority of an ordinance, or City Council resolution. AGENT Any person employed by or acting on behalf of the City of Evanston. CITIZENSHIP OR IMMIGRATION STATUS All matters regarding questions of citizenship of the United States or any other country, or the authority to reside in or otherwise be present in the United States, including an individual’s nationality and country of citizenship. COERCION 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. CONTACT INFORMATION. Any information which assists in contacting and individual, including, but not limited to, telephone numbers, social media identifiers, electronic mail addresses, or home or work addresses. CRIMINAL WARRANT A valid, current criminal warrant issued by a state or federal court and signed by a state or federal judge based upon a judicial determination of probable 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. EPD The Evanston Department of Police. FAMILY MEMBER A 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, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent or grandchild, or court-appointed legal guardian, or domestic partner or the domestic partner’s mother, Page 4 of 11 17-O-25 father, brother, sister (including blood, step, or half), son or daughter (including blood, step or half). ICE IMMIGRATION AGENT An agent of Tthe United States Federal Immigration and Customs Enforcement Agency, federal Customs and Border Protection, or any similar or successor agency, or any other individual with the power to arrest or detain individuals or manage custody of detained individuals for purposes of civil immigration enforcement. 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. A request by an immigration agent 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, non-limiting examples of which include detainers issued pursuant to Sections 1226 or 1357 of Title 8 of the United States Code or Sections 287.7 or 236.1 of Title 8 of the Code of Federal Regulations, Form I-274A “Immigration Detainer – Notice of Action” and any predecessor or successor form. 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. 1-22-6. REQUESTING INFORMATION PROHIBITED. COLLECTION AND SHARING OF CITIZENSHIP OR IMMIGRATION STATUS 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. Unless required to do so by statute, federal regulation, court order, or a lawfully issued judicial warrant: (A) No agent or agency shall request, investigate, maintain, or disclose the citizenship or immigration status of any person unless 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 the individual’s parent or guardian. Notwithstanding this provision, the Corporation Page 5 of 11 17-O-25 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. (B) No applications, questionnaires, or interview forms used in relation to City of Evanston benefits, opportunities, or services shall contain questions regarding citizenship or immigration status. Agencies shall annually review such materials and amend them to conform with the requirements of this subsection. (C) No agency or agent shall enter into or renew any agreement providing direct access to any electronic database or other data -sharing platform maintained by any agency, or otherwise provide direct access to such database to: 1. any immigration agent or agency, or any other federal agency if the agency or agent determines that the purpose of such access is for the enforcement of civil immigration law; or 2. any third party or parties, unless all such parties certify that the information in such databases or other data-sharing platforms will not be used for civil immigration purposes or knowingly disseminated to any other party for any purpose related to civil immigration enforcement. 1-22-7. THREATS BASED ON CITIZENSHIP OR IMMIGRATION STATUS PROHIBITED. No agent or agency will shall coerce, including through the use of 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). 1-22-8. 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 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. Page 6 of 11 17-O-25 1-22-9. 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, o r 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, pa ssport, 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 I-9 forms. 1-22-10. CIVIL IMMIGRATION ENFORCEMENT ACTIONS—FEDERAL RESPONSIBILITY. IMMIGRATION ENFORCEMENT PROHIBITED. (A) Except for such reasonable time as is necessary to conduct the investigation specified in Subsection (D) of this Section, nNo agency or agent shall participate in civil immigration enforcement operations or assist the civil enforcement of federal immigration law, unless required to disclose information as addressed in Section 1 - 22-6. Specifically, no agency or agent shall: 1. Stop, arrest, search, detain or continue to detain a person a. 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. b. Arrest, detain, or continue to detain a person based on an administrative warrant, including but not limited to those 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. c. 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 2. permit immigration agents: a. access to a person being detained by, or in custody of, the agency or agent, including by telephone or other communication medium; or b. use of agency facilities, including any electronic databases not available to the public. Page 7 of 11 17-O-25 3. While on duty, eExpend their time responding to ICE inquiries from immigration agents or communicating with ICE immigration agents regarding a person's custody status, or release date, or contact information. An agency or agent is authorized to communicate with immigration agents in order to determine whether any matter involves enforcement based solely on a violation of a civil immigration law; 4. enter into an agreement under Section 1357(g) of Title 8 of the United States Code or any other provision of federal law that permits state or local governmental entities to enforce federal civil immigration law; 5. transfer any person into the custody of an immigration agent for the sole purpose of civil immigration enforcement; or 6. set up a traffic perimeter or provide on-site support to assist a civil immigration enforcement operation. (B) If EPD receives a request from an immigration agent, an EPD supervising officer shall determine whether such request is to assist in the enforcemen t of civil immigration law. If the supervisor determines that the request is to assist in the enforcement of civil immigration law, the supervisor shall decline the request. The supervisor shall also notify the City Manager or designee that the request relates to assistance with civil immigration enforcement. (C) The City Manager or designee shall develop model policies for public facilities administered or operated by the City to ensure that all such facilities remain safe and accessible to all Evanston residents, regardless of immigration status. All such facilities shall establish public policies that limit immigration enforcement operations on their premises to the fullest extent possible consistent with federal and state law. The City Manager or designee shall review such policies when immigration law changes such that the policies may need to be changed. (D) This section shall not apply when an investigation conducted by the agency or agent indicates that the subject of the investigation has a valid, enforceable, criminal warrant signed by a judge. (C) This Section shall not apply when an investigation conducted by the agency or agent indicates that the subject of the investigation has a valid, enforceable federal warrant signed by a judge. Nothing in this Section prohibits communication between federal agencies or officials and law enforcement or officials . (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 pendin g; 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. Page 8 of 11 17-O-25 1-22-11. CALLS RELATED TO IMMIGRATION ENFORCEMENT OPERATIONS. The City shall take reasonable steps to provide a service through 311 that provides callers with information on immigration resources, which may include directing calls to an organization that can provide assistance. If such a system is established, the City shall ensure that residents who have limited proficiency in the English language have meaningful access to such service. 1-22-12. COOPERATION WITH INDIVIDUALS REPORTING CRIME. EPD shall cooperate with those who report crimes, regardless of whether such report is made by a witness or a victim, and regardless of the citizenship or nation of origin of the reporter. Upon receiving a request for completion of a law enforcement certification form or statement required by federal immigration law certifying that a person is a victim of qualifying, criminal activity, a certifying official shall complete the certification form for any victim of qualifying criminal activity in accordance with 5 ILCS 825/10 of the Voices of Immigrant Communities Empowering Survivors (VOICES) Act. Such certifying official may be a member of a collective bargaining unit represented by a labor organization. 1-22-113. 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 an agent of the City member of the Evanston Police Department, the City Manager shall transmit it to the Evanston Police Department, Office of Professional Standards, or other relevant City agency, for processing and review. 1-22-124. 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 (90) days of the passage of the ordinance from which this Chapter derives. 1-22-15. REPORTING REQUIREMENTS. In order to ensure compliance with this Chapter, EPD shall submit an annual report to the City Manager or designee with deidentified data relevant to compliance with this Chapter in the preceding year, which shall include: Page 9 of 11 17-O-25 (A) A numeric list of the notifications made by EPD to the City Manager or designee with events describing a request for assistance with the enforcement of federal civil immigration law. (B) With regard to immigration detainers or administrative warrants received by EPD that are related to enforcement of civil immigration law: 1. The date that EPD received the immigration detainer or administrative warrant; and 2. Whether EPD transferred the individual subject to the immigration detainer or administrative warrant to a federal agency's custody and, if so, which agency. (C) The City Manager or designee shall make such reports publicly available, including through the Internet. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: This Ordinance shall be in full force and effect after its passage and approval. SECTION 5: The findings and recitals contained 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. Page 10 of 11 17-O-25 Introduced: _________________, 2025 Adopted: ___________________, 2025 Approved: __________________________, 2025 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Alexandra B. Ruggie, Corporation Counsel Page 11 of 11