Chapter 1.392
KEEP WASHINGTON WORKING ACT

Sections:

1.392.010    Keep Washington Working Act—Chelan County policy.

1.392.010 Keep Washington Working Act—Chelan County policy.

It is the intent of Chelan County to follow the Keep Washington Working Act passed by the Washington State Legislature effective May 21, 2019, and codified in Chapters 10.93, 43.10, and 43.17 RCW. This Act establishes statewide policies regarding state and local agency enforcement of federal immigration laws. This Act provides for all Washingtonians, regardless of their immigration or citizenship status, improved support of economic opportunities, protection of rights and liberties, and safe and secure access to justice, thereby improving community safety by ensuring full participation in the legal system. This policy is enacted consistent with RCW 43.10.310(2) and applies to all offices, departments, properties, and facilities of Chelan County government.

(1) Chelan County law enforcement may not inquire into or collect information about an individual’s immigration or citizenship status, or place of birth, unless there is a connection between such information and an investigation into a violation of state or local criminal law.

(2) Chelan County law enforcement may not provide information pursuant to notification requests from federal immigration authorities for the purposes of civil immigration enforcement, except as required by law.

(3) Chelan County school resource officers, when acting in their official capacity as a school resource officer, may not inquire into or collect information about an individual’s immigration or citizenship status, or place of birth.

(4) Chelan County school resource officers, when acting in their official capacity as a school resource officer, may not provide information pursuant to notification requests from federal immigration authorities for the purposes of civil immigration enforcement, except as required by law.

(5) Chelan County law enforcement agencies may not provide non-publicly available personal information about an individual, including individuals subject to community custody pursuant to RCW 9.94A.701 and 9.94A.702, to federal immigration authorities in a noncriminal matter, except as required by state or federal law.

(6) Chelan County law enforcement agencies may not give federal immigration authorities access to interview individuals about a noncriminal matter while they are in custody, except as required by state or federal law, a court order, or by subsection (7) of this section.

(7) Permission may be granted to a federal immigration authority to conduct an interview regarding federal immigration violations with a person who is in the custody of a Chelan County law enforcement agency if the person consents in writing to be interviewed. In order to obtain consent, Chelan County staff shall provide the person with an oral explanation and a written consent form that explains the purpose of the interview, that the interview is voluntary, and that the person may decline to be interviewed or may choose to be interviewed only with the person’s attorney present. The form must state explicitly that the person will not be punished or suffer retaliation for declining to be interviewed. The form must be available at least in English and Spanish and explained orally to a person who is unable to read the form, using, when necessary, an interpreter from the district communications center “language line” or other district resources.

(8) An individual may not be detained solely for the purpose of determining immigration status.

(9) An individual must not be taken into custody, or held in custody, solely for the purposes of determining immigration status or based solely on a civil immigration warrant, or an immigration hold request.

(10)(A) To ensure compliance with all treaty obligations, including consular notification, and state and federal laws, on the commitment or detainment of any individual, Chelan County law enforcement agencies must explain in writing:

(i) An individual’s right to refuse to disclose their nationality, citizenship, or immigration status; and

(ii) That disclosure of their nationality, citizenship, or immigration status may result in civil or criminal immigration enforcement, including removal from the United States.

(B) Nothing in this section allows for any violation of subsection (1) or (2) of this section.

(11) Chelan County government may not deny services, benefits, privileges, or opportunities to individuals in custody, or under community custody pursuant to RCW 9.94A.701 and 9.94A.702, or in probation status, on the basis of the presence of an immigration detainer, hold, notification request, or civil immigration warrant, except as required by law or as necessary for classification or placement purposes for individuals in the physical custody of the department of corrections.

(12) No Chelan County law enforcement officer may enter into any contract, agreement, or arrangement, whether written or oral, that would grant federal civil immigration enforcement authority or powers to him/her, including but not limited to agreements created under 8 U.S.C. Sec. 1357(g), also known as 287(g) agreements.

(13) Neither Chelan County government nor any law enforcement officer may enter into an immigration detention agreement. All immigration detention agreements must be terminated no later than one hundred eighty days after the effective date of May 21, 2019.

(14) No Chelan County law enforcement agency nor school resource officer may enter into or renew a contract for the provision of language services from federal immigration authorities, nor may any language services be accepted from such for free or otherwise.

(15) Implementation of this policy must be in accordance with state and federal law; policies, grants, waivers, or other requirements necessary to maintain funding; or other agreements related to the operation and functions, including databases, of Chelan County.

(16) Nothing herein prohibits the collection, use, or disclosure of information that is:

(A) Required to comply with state or federal law;

(B) In response to a lawfully issued court order;

(C) Necessary to perform Chelan County duties, functions, or other business, as permitted by statute or rule, conducted by Chelan County that is not related to immigration enforcement;

(D) Required to comply with policies, grants, waivers, or other requirements necessary to maintain funding; or

(E) In the form of de-identified or aggregated data, including census data.

(17) No section of this policy is intended to limit or prohibit any local agency or officer from:

(A) Sending to, or receiving from, federal immigration authorities the citizenship or immigration status of a person, or maintaining such information, or exchanging the citizenship or immigration status of an individual with any other federal, state, or local government agency, in accordance with 8 U.S.C. Sec. 1373; or

(B) Complying with any other state or federal law.

(18) The invalidity or unenforceability of any particular term or provision of this policy shall not affect the validity or enforceability of any other term or provision and this policy shall be construed in all respects as if such invalid or unenforceable term or provision was omitted. If any part of this policy is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to Chelan County, the conflicting part of this policy is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this policy in its application to the agencies concerned. Rules adopted under this policy must meet federal requirements that are a necessary condition to the receipt of federal funds by Chelan County. (Res. 2020-144, 12/14/20)