ORDINANCE #2020-3 - FINAL PUBLICATION

CITY OF CAMBRIDGE

In the Year Two Thousand and Twenty

AN ORDINANCE

In amendment to the Ordinance entitled “Cambridge Municipal Code.”

Be it ordained by the City Council of the City of Cambridge as follows:

That the Cambridge City Council amend the Municipal Ordinances of the City of Cambridge to insert a
new Chapter 2.129, entitled WELCOMING COMMUNITY ORDINANCE, to read as follows:

2.129.010 - PURPOSE.

The purpose of this Ordinance is to establish the City of Cambridge as a Welcoming City,
to declare that all are welcome here, and to increase public confidence in the City of
Cambridge’s government by establishing standards associated with the City’s voluntary
involvement in federal immigration enforcement.

2.129.020 - PREAMBLE

It is not within the purview nor mandate of the City of Cambridge to enforce federal
immigration law or seek the detention, transfer or deportation of Cambridge residents for
civil immigration purposes, nor should the City’s resources be expended toward that end.

The City of Cambridge will equally enforce the law and serve the public without
consideration of immigration status, citizenship, national origin, race, or ethnicity.

2.129.030 - DEFINITIONS

ICE. The federal agency known as the U.S. Immigration and Customs Enforcement, and
any other federal agency charged with the enforcement of immigration laws., including
but not limited to the Department of Homeland Security.

Immigration detainers and ICE detainers. Requests made by federal immigration

officials, including but not limited to those authorized under Section 287.7 of Title 8 of
the Code of Federal Regulations to local Law Enforcement or Courts to voluntarily
maintain custody of an individual once that individual is released from local custody,
and/or to notify a federal agency before the pending release of an individual.

ICE administrative warrant. A warrant, notice to appear, removal order, warrant of

deportation, or other ICE custody document (I-200, I-203, I-205 or another listed in the
National Crime Information Database (NCIC)) issued by a federal immigration official,
not a judicial officer, and not based on a finding of probable cause for an alleged criminal
law violation.
2.129.040 - REQUIREMENTS

a. Equal treatment. The City will treat all persons equally, enforce
laws, and serve the public without consideration of immigration
status. Citizenship, immigration status, national origin, race, and
ethnicity shall have no bearing on an individual's treatment by City
employees or officials.

b. Inquiries about immigration status. City employees and officials

may not inquire about the immigration status of any victim, suspect,
arrestee, 911 caller, or other member of the public with whom they
have contact, except as required by 8 U.S.C. § 1373.

c. Role of Police Department in immigration enforcement. The

Cambridge Police Department will not initiate investigations or take
law enforcement action on the sole basis of actual or perceived
immigration status, including the initiation of a stop, an apprehension
or arrest. The Cambridge Police Department shall not take part in or
assist with federal immigration enforcement operations, except as
permitted with Subjection (j) below. This section shall not limit the
Cambridge Police Department’s ability to actively assist in Federal
human trafficking operations.

d. ICE detainers and administrative warrants. Consistent with state

law, no officer or employee of the Cambridge Police Department
may arrest or detain an individual solely on the basis of an ICE
detainer or ICE administrative warrant. This includes extending the
length of detention by any amount of time once an individual is or
would otherwise be released from local custody, or before being
transferred to court or admitted to bail.

e. Federal requests for information. No officer or employee of the

Cambridge Police Department shall provide an officer or employee
of ICE with the following information relating to a person in the
custody of the Police Department: information about an individual’s
incarceration status, length of detention, home address, work
address, personal information other than citizenship or immigration
status, hearing information, or pending release, except information
that is available through the Massachusetts Public Records Laws,
G.L, c. 66, section 10 and G.L. c. 4, section 7 (twenty-sixth).
Nothing in this section shall prohibit or restrain an officer or
employee of the Cambridge Police Department from sending to, or
receiving from, any local, state, or federal agency, information
regarding citizenship or immigration status, consistent with 8 U.S.C.
§1373.

f. Encountering persons driving without a license. When taking

action against a person who is found to be driving without a valid
driver’s license, officers of the Cambridge Police Department shall,
whenever possible in the officer’s discretion and if there are no
other violations causing the person to be arrested, issue a summons
to court instead of taking the person into custody. In such
circumstances, the law enforcement officer taking action shall
 endeavor to provide the driver a reasonable opportunity to arrange
for a properly licensed operator to drive the vehicle before seeking to
impound the vehicle, unless the violation is one subject to a statutory
or regulatory requirement of vehicle impoundment.

g. Notice to individuals subject to ICE interventions. If the

Cambridge Police Department receives an immigration detainer or
ICE administrative warrant for a person in its custody, the Police
Department shall provide the person with a copy of such detainer
request or administrative warrant, and any other documentation it
possesses pertaining to the person’s immigration case.

h. ICE access to facilities. Except in response to a judicial warrant or

other court order, ICE agents shall not be allowed access to
individuals in Cambridge Police Department custody either in person
or via telephone or videoconference.

i. Programs that protect removal. In furtherance of the US Victims

of Trafficking and Violence Prevention Act, as well as the Violence
Against Women Act (“VAWA”), the Cambridge Police Department
shall consider a U or T Visa request, or other protections conferred
by VAWA if an individual (i) is the victim of a qualifying crime, and
(ii) has been, is being, or will likely be helpful in the
investigation/prosecution of that crime, or is the victim of domestic
violence and removal will place them in immediate danger.

j. Raids and other immigration enforcement actions. No officer or

employee of the Cambridge Police Department may participate in an
operation led by a federal agency to detain persons for deportation
purposes, except in response to a request to assist with support
services deemed necessary to ensure officer safety or to prevent a
breach of the peace during a federal operation, such as requests to
establish traffic perimeters, control traffic or provide police escort.

k. Deputizing of local officials. No officer or employee of the

Cambridge Police Department shall perform the functions of an
immigration officer, whether pursuant to 8 U.S.C. § 1357(g) or any
other law, regulation, or policy, whether formal or informal, except
as required by federal or state law or regulations.

l. School records and enrollment. No employee of the Cambridge

School Department shall require a student or parent to provide
information regarding their immigration or citizenship status to
establish the student’s residency in the district for enrollment
purposes. If such information becomes known to an employee of the
Cambridge School Department, such information shall not be kept or
distributed, except as required by federal or state law or regulations,
and shall have no bearing of the student’s ability to register for
school or the school’s treatment of that student. Information
collected regarding place of birth for the purpose of providing
appropriate services to any student shall be used only for that
purpose and not distributed further, except as required by federal or
state law or regulation.
2.129.050 - COMPLAINTS

Allegations of violations of this Ordinance may be filed with the City Manager’s Office,
who shall investigate the complaint and take appropriate disciplinary action. In the case
of a complaint against an officer or employee of the Cambridge Police Department,
allegations of violations of this Ordinance shall also be filed with the Department’s
Professional Standards Unit. In the case of a complaint against an employee of the
Cambridge School Department, allegations of violations of this Ordinance shall also be
filed with the Superintendent of Schools.

2.129.060 - REPORTING

Beginning on the date of passage of this ordinance and every six months thereafter, the
Cambridge Police Commissioner shall submit a report, with the information detailed
below, to the City Clerk, with a copy to the City Manager, and the City Clerk shall
include the report on the agenda of the next-occurring meeting of the Public Safety
Committee of the City.

The report shall contain:

a. A statistical breakdown of the total number of ICE detainers

requests and, administrative warrants lodged with Cambridge
Police Department;
b. The total number of individuals detained as a result of an ICE
detainer or administrative warrants, if any;
c. The total number of individuals transferred to ICE custody, if
any;
d. The total reimbursements received from the federal government
pursuant to any granted ICE detainer or administrative warrant,
organized by case; and
e. The total number of investigations where the Cambridge Police
Department cooperated with or provided information to ICE
unless any part of such information cannot be publicly disclosed.

2.129.070 - COMPLIANCE WITH FEDERAL LAW

Nothing in this ordinance shall be construed to violate any valid federal law, or to
prohibit any Cambridge agency or department from providing another law enforcement
agency citizenship or information status, consistent with 8 U.S.C. § 1373.

In City Council February 10, 2020.

Passed to be ordained as amended by a yea and nay vote:
Yeas 8; Nays 0; Present 1; Absent 0.
Attest:- Anthony I. Wilson, City Clerk

A true copy;

ATTEST:- Anthony I. Wilson, City Clerk