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Posted on: March 7, 2017

Irvington Board of Trustees Adopts Policy on Immigration Enforcement and Discrimination


STATEMENT OF POLICY OF THE VILLAGE OF IRVINGTON

ON IMMIGRATION ENFORCEMENT AND DISCRIMINATION

(2/28/17)

IT IS THE POLICY OF THE VILLAGE OF IRVINGTON that its law enforcement officials not engage in activities solely for the purpose of enforcing federal immigration laws. In furtherance of that policy:


(A)       Irvington Police shall not stop, question, interrogate, investigate, or arrest an individual solely on the basis of:


(1)        Actual or suspected immigration or citizenship status, or

(2)        A “civil immigration detainer”[1] or administrative warrant in the individual’s name, including those identified in the National Crime Information Center (NCIC) database.


(B)       Irvington Police shall not inquire about the immigration status of an individual, including a crime victim, a witness, or a person who calls or approaches the police seeking assistance, unless necessary to investigate criminal activity by that individual.


(C)       Irvington Police shall not perform the functions of a federal immigration officer or otherwise engage in the enforcement of federal immigration law – whether pursuant to 8 U.S.C. §1357(g) or under any other law, regulation, or policy.



IT IS THE FURTHER POLICY OF THE VILLAGE OF IRVINGTON that its law enforcement officials not honor detainer requests from U.S. Immigration and Customs Enforcement (“ICE”) or Customs and Border Protection (“CBP”) without a judicial warrant, except in very limited circumstances.  In furtherance of that policy:


Irvington Police may respond affirmatively to a “civil immigration detainer” or other request from ICE or CBP to detain or transfer an individual for immigration enforcement or investigation purposes for up to 48 hours ONLY IF the request is accompanied by a judicial warrant, except that the Police may detain a person for up to 48 hours on a detainer if:



(A)       There is probable cause to believe that the individual has illegally re-entered the country after a previous removal or return, as defined by 8 U.S.C. § 1326, and the individual has been convicted at any time of (1) a specifically enumerated set of serious crimes under the New York Penal Law (e.g., Class A felony, attempt of a Class A felony, Class B violent felony, etc.)[2], or (2) a federal crime or crime under the law of another state that would constitute a predicate felony conviction, as defined under the New York Penal Law, for any of the preceding felonies; or

(B)       There is probable cause to believe that the individual has or is engaged in terrorist activity.



IT IS THE FURTHER POLICY OF THE VILLAGE OF IRVINGTON that in those cases in which the Irvington Police do receive federal immigration enforcement requests, the Police shall give the detainee notice of the request and protect the detainee’s due process rights. In furtherance of that policy,


(A)       The Irvington Police shall not delay bail and/or release from custody upon posting of bail solely because of: (1) an individual’s immigration or citizenship status, (2) a civil immigration warrant, or (3) an ICE or CBP request – for the purposes of immigration enforcement – for notification about, transfer of, detention of, or interview or interrogation of that individual.


(B)       Individuals in the custody of the Irvington Police Department shall be subject to the same booking, processing, release, and transfer procedures, policies and practices the Department ordinarily uses, regardless of actual or suspected citizenship or immigration status.


(C)       Upon receipt of an ICE or CBP detainer, transfer, notification, interview or interrogation request with respect to an immigrant in custody, the Irvington Police shall provide a copy of that request to the individual named in it and inform the individual whether the IPD will comply with the request, before communicating the IPD response to the requesting agency. A copy of the request shall also be transmitted promptly to the Village Administrator and Mayor.




IT IS THE FURTHER POLICY OF THE VILLAGE OF IRVINGTON that the Irvington Police shall not provide ICE or CBP with access to an individual in the IPD’s custody nor permit the use of Village facilities to question or interview such individual if ICE’s or CBP’s sole purpose is enforcement of federal immigration law.



IT IS THE FURTHER POLICY OF THE VILLAGE OF IRVINGTON that, in the absence of a judicial warrant, the Irvington Police shall not honor ICE or CBP requests for certain personal information about an individual. In furtherance of that policy:


(A)       The Irvington Police may respond affirmatively to an ICE or CBP request for non-public information about an individual, including but not limited to non-public information about an individual’s release, home address, or work address, ONLY IF the request is accompanied by a judicial warrant, except that nothing shall prohibit the Police from:


(1)        sending or receiving from any local, state or federal agency, as required by 8 U.S.C. § 1373, (a) information regarding an individual’s country of citizenship, or (b) a statement of the individual’s immigration status; or


(2)        disclosing information about an individual’s criminal arrests or convictions, where disclosure of such information is otherwise permitted by state law or required pursuant to subpoena or court order; or


(3)        disclosing information about an individual’s juvenile arrests or delinquency or youthful offender adjudications, where disclosure of such information is otherwise permitted by state law or required pursuant to subpoena or court order.


(B)       The Irvington Police shall limit the information collected from individuals concerning immigration or citizenship status to that necessary to perform agency duties and shall prohibit the use or disclosure of such information in any manner that violates federal, state or local law.



IT IS THE FURTHER POLICY OF THE VILLAGE OF IRVINGTON that Village resources (i.e., money, facilities, property, equipment or personnel) not be used to create or assist in the creation of any registry, including a federal registry, that is based on race, gender, sexual orientation, religion, ethnicity or national origin.



IT IS THE POLICY OF THE VILLAGE OF IRVINGTON that Village personnel not inquire about or request proof of immigration status or citizenship when providing services or benefits, except where the receipt of such services or benefits is contingent on one’s immigration or citizenship status or where such inquiries are otherwise lawfully required by federal, state or local laws.  


[1] A “civil immigration detainer” is sometimes called a “civil immigration warrant.”

[2] The list of serious crimes, based on N.Y.C. Administrative Code § 14-154(a)(6), is attached.



A copy of this policy is available for download.

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