Chapter 9.04
RIGHTS OF NON-U.S. CITIZENS IN TAKOMA PARK*
Sections:
9.04.010 No City enforcement of immigration laws.
9.04.020 No inquiries into citizenship.
9.04.030 Discrimination based on citizenship prohibited.
9.04.040 Confidentiality of information about citizenship status.
* Prior code history: Prior code §§ 10A-1—10A-3.
9.04.010 No City enforcement of immigration laws.
A. No agent, officer or employee of the City, in the performance of official duties, shall assist the United States Bureau of Immigration and Customs Enforcement in the investigation or arrest of any persons for civil or criminal violation of the immigration and nationality laws of the United States.
B. Except for subsection (A) of this section, this chapter does not prohibit the Takoma Park Police Department from carrying out its mandated duty to apprehend violators of the criminal law and does not prohibit the Department from assisting any federal agency with investigations or arrests relating to criminal activity and suspected criminal activity other than violations of the immigration and nationality laws of the United States. (Ord. 2007-58 § 1 (part), 2007)
(Ord. No. 2008-7, § 1, 2-11-08)
9.04.020 No inquiries into citizenship.
A. Except as provided in subsection B of this section, no agent, officer or employee of the City, in the performance of official duties, shall ask any person about his or her citizenship or immigration status or inquire about any person’s citizenship or immigration status with any third person.
B. This section does not prohibit:
1. the collection of information regarding citizenship status in connection with the registration or attempted registration of non United States citizens to vote in City elections.
2. inquiries regarding the citizenship of applicants for positions as sworn law enforcement officers with the Takoma Park Police Department.
3. the collection of information in connection with applications for United States passports.
4. inquiries regarding the citizenship or immigration status of employees and applicants for employment with the City of Takoma Park as required by 8 U.S.C. § 1324 et seq.
5. inquiries regarding citizenship or immigration status required by state or federal law or international treaty, where such requirements preempt this Chapter. (Ord. 2007-58 § 1 (part), 2007)
(Ord. No. 2008-7, § 1, 2-11-08)
9.04.030 Discrimination based on citizenship prohibited.
No agent, officer or employee of the City, in the performance of official duties, shall discriminate against any person on the basis of citizenship or immigration status. (Ord. 2007-58 § 1 (part), 2007)
(Ord. No. 2008-7, § 1, 2-11-08)
9.04.040 Confidentiality of information about citizenship status.
A. Except as provided in subsection B of this section, no agent, officer or employee of the City, in the performance of official duties, shall release any information regarding the citizenship or immigration status of any individual to any third party.
B. This section does not prohibit disclosure of information regarding citizenship or immigration status where disclosure is required by City, state or federal law or international treaty, or where such disclosure is authorized in writing by the subject of the information. Persons applying for a United States passport with the City shall be deemed to have authorized the City to disclose all information submitted to the City to the United States Department of State. (Ord. 2007-58 § 1 (part), 2007)
(Ord. No. 2008-7, § 1, 2-11-08)
9.04.050 Preemption.
When the City Manager discovers any state or federal law or international treaty that he or she reasonably believes may preempt this Chapter, he or she shall notify the City Attorney. The City Attorney shall advise the Council as to whether the law preempts any aspect of this Chapter and whether the City should treat the law as an exception to this Chapter under sections 9.04.020.B.5 and 9.04.040.B or whether the Council should amend this Chapter. The City shall notify the public if the Council deems a law to preempt this Chapter. (Ord. No. 2008-7, § 1, 2-11-08)