The purpose and intent of this chapter is to recognize the importance of fostering a town that is welcoming and inclusive for all individuals, regardless of nationality or citizenship status, and to ensure, to the greatest extent permitted by law, that immigration enforcement is a function of the federal government and not the Town of New Paltz.
The below text clarifies and codifies existing New Paltz Police Department policies as well as maintains the values of those who founded the Town. The English word "refugee" derives from the root word refuge, from Old French refuge, meaning "hiding place." It refers to "shelter or protection from danger or distress." In Western history, the term was first applied to the French Huguenots.
When used in this chapter, the following terms shall have the following meanings:
- CIVIL IMMIGRATION DETAINER (also called a "CIVIL IMMIGRATION WARRANT")
- A detainer issued pursuant to 8 CFR 287.7 or any similar request from ICE or CPB for detention of a person suspected of violating civil immigration law.
- United States Customs and Border Protection, including any successor federal agency(s) tasked with immigration, customs, and/or border enforcement.
- JUDICIAL WARRANT
- A warrant based on probable cause and issued by an Article III federal judge or a federal magistrate judge that authorizes federal immigration authorities to take into custody the person who is the subject of the warrant. A judicial warrant does not include a civil immigration warrant, administrative warrant, or other document signed only by United States Immigration and Customs Enforcement ("ICE") or Customs and Border Protection ("CBP") officials.
- United States Immigration and Customs Enforcement, including any successor federal agency(s) tasked with immigration, customs, and border enforcement.
- New Paltz Police Department, including entities, efforts, and initiatives jointly operated or pursued by officers of the New Paltz Police Department, acting in their official capacity, and others (e.g., the Joint Special Weapons and Tactics Team).
- PROBABLE CAUSE
- More than mere suspicion or that something is at least more probable than not. Probable cause and "reasonable cause," as that latter term is used in the New York State criminal procedure code, are equivalent standards.
NPPD shall not stop, question, interrogate, investigate, or arrest an individual based solely on any of the following:
NPPD 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;
NPPD shall not perform the functions of a federal immigration officer or otherwise engage in the enforcement of federal immigration law, whether pursuant to Section 1357(g) of Title 8 of the United States Code or under any other law, regulation, or policy.
Immigration detainers accompanied by judicial warrant. NPPD may respond affirmatively to a civil immigration detainer 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;
Immigration detainers without judicial warrant. NPPD may detain a person for up to 48 hours on a civil immigration detainer in the absence of a judicial warrant if:
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:
A "violent felony offense" as defined in Subdivision 1 of Section 70.20 of the Penal Law of the State of New York; or
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
There is probable cause to believe that the individual has or is engaged in terrorist activity.
NPPD may respond affirmatively to an ICE or CBP request for nonpublic information about an individual, including but not limited to nonpublic information about an individual's release, home address, or work address, only if the request is accompanied by a judicial warrant; provided however, that nothing in this chapter prohibits NPPD from:
Disclosing information about an individual's criminal arrests or convictions, where disclosure of such information about the individual is otherwise permitted by state law or required pursuant to subpoena or court order; or
Disclosing information about an individual's juvenile arrests or delinquency or youthful offender adjudications, where disclosure of such information about the individual is otherwise permitted by state law or required pursuant to subpoena or court order.
NPPD 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.
NPPD shall not provide ICE or CBP with access to an individual in its custody or the use of NPPD facilities to question or interview such individual if ICE or CBP's sole purpose is enforcement of federal immigration law.
NPPD shall not delay bail and/or release from custody upon posting of bail solely because of:
Upon receipt of an ICE or CBP detainer, transfer, notification, interview or interrogation request, NPPD shall provide a copy of that request to the individual named therein and inform the individual whether NPPD will comply with the request before communicating its response to the requesting agency.
Individuals in NPPD's custody shall be subject to NPPD's booking, processing, release, and transfer procedures, policies, and practices, regardless of actual or suspected citizenship or immigration status.
Neither the NPPD nor any Town personnel may use Town funds, facilities, property, equipment, or personnel to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, ethnicity, or national origin.
Town personnel shall 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 are contingent upon one's immigration or citizenship status or where inquiries are otherwise lawfully required by federal, state, or local laws.
NPPD shall record, solely to create the reports described in Subsection B, below, the following for each immigration detainer, notification, transfer, interview, or interrogation request received from ICE or CBP:
The subject individual's race, gender, and place of birth;
Date and time that the subject individual was taken into custody, the location where the individual was held, and the arrest charges;
Date and time of NPPD receipt of the request;
The requesting agency;
Immigration or criminal history indicated on the request form, if any;
Whether the request was accompanied by any documentation regarding immigration status or proceedings, e.g., a judicial warrant;
Whether a copy of the request was provided to the individual and, if yes, the date and time of notification;
Whether the individual consented to the request;
Whether the individual requested to confer with counsel regarding the request;
NPPD's response to the request, including a decision not to fulfill the request;
If applicable, the date and time that ICE or CBP took custody of, or was otherwise given access to, the individual; and
Date and time of the individual's release from NPPD's custody.
NPPD shall provide annual reports to the Police Commission and the Town Clerk, who shall make the same publicly available, regarding the information collected in Subsection A, above, in an aggregated form that is stripped of all personal identifiers in order that NPPD and the community may monitor NPPD's compliance with all applicable law.
Any member of the NPPD, municipal officer or employee who violates any provision of this chapter may be disciplined in accordance with the provisions of an applicable collective bargaining agreement or, in the case where an officer or employee is not covered by a collective bargaining agreement, in the manner provided by law.