[HISTORY: Adopted by the Mayor and Council of the City of
Hyattsville 3-28-2017 by HO 2017-02.
Amendments noted where applicable.]
A.Â
No official or employee may inquire into an individual's citizenship
or immigration status.
B.Â
If an official or employee learns of an individual's citizenship
or immigration status, the official or employee may not act based
solely on the individual's citizenship or immigration status.
C.Â
No official or employee may utilize or allow to be utilized City
resources to support federal civil immigration enforcement operations
or activities.
A.Â
No official or employee may detain or arrest an individual based
solely on known or suspected violations of federal civil immigration
law.
B.Â
No official or employee may utilize any individual's citizenship
or immigration status as an interrogation tool or tactic. No official
or employee may communicate to a suspect, detainee, or arrestee that
any individual's ability to remain within the United States of
America may be in jeopardy. Nothing herein shall be construed as barring
an official or employee from providing information regarding an individual's
citizenship or immigration status to that same individual.
C.Â
No official or employee may enter into an agreement under 8 U.S.C.
§ 1357(g) or any other federal law that permits state or
local governmental entities to enforce federal immigration laws.
D.Â
No provision in this chapter shall be construed as prohibiting the
City of Hyattsville Police Department from:
(1)Â
Investigating, detaining, or arresting violators of the criminal
law; or
(2)Â
Assisting any law enforcement agency with investigations or arrests
relating to criminal activity and suspected criminal activity other
than violations of the civil immigration and nationality laws of the
United States of America; or
(3)Â
Complying with the provisions of 8 U.S.C. § 1373.
A.Â
No official or employee shall condition the provision of City benefits,
opportunities, or services on a person's citizenship or immigration
status unless required to do so by federal law, State law, this Code
or Court order.
B.Â
No official or employee shall condition the provision of City benefits,
opportunities, or services based solely on the ability of the applicant
to provide a driver's license or identification card issued by
the State of Maryland unless required to do so by federal law, State
law, this Code or Court order.
C.Â
Unless otherwise required by law, the City shall accept identifications
issued by social service organizations as sufficient proof of identification
for the purposes of providing City benefits, opportunities, or services.
D.Â
The City of Hyattsville shall not retain information related to an
individual's citizenship or immigration status. The City Administrator
shall promptly conduct a review of all applications, questionnaires
and interview forms utilized for the provision of City benefits, opportunities,
or services. Any information sought regarding citizenship or immigration
status, other than those required by federal law, State law, this
Code or Court order, shall be removed.
E.Â
No provision in this chapter shall be construed as preventing any
official or employee from complying with 8 U.S.C. § 1644.
A.Â
No official or employee shall discriminate against any person on
the basis of citizenship, nationality or immigration status.
B.Â
No official or employee shall participate in any federal registration
program that requires registration of individuals on the basis of
age, race, color, creed, religion, national origin, ancestry, disability,
marital status, sex, sexual orientation, gender identity, physical
characteristic, citizenship, nationality or immigration status. If
any official or employee becomes aware of any requirement that the
City participate in any such program, the official or employee shall
notify the City Administrator immediately. The City Administrator
shall inform the Mayor and Council of the requirement and direct that
the City Attorney review the requirement and advise the Mayor and
Council as to the legality of the requirement.
The City Administrator shall report to the Mayor and Council
the number of requests received by the City from the federal government
regarding any matter covered by this ordinance. The report shall be
made every six months and include the nature of the request or requests
and the nature of any response. The City Administrator shall respond
to a request by the Mayor or a Councilmember regarding a specific
incident covered by this ordinance within two business days of the
request.
The provisions of this chapter shall be construed so as to be
effective to the extent that they do not conflict with federal law,
state law, this Code or any Court order.