HomeMy WebLinkAbout~Master - Safe Community Resolution RESOLUTION NO. 17427
RESOLUTION REAFFIRMING THE PUBLIC SAFETY FUNCTION OF
LOCAL LAW ENFORCEMENT
FOR THE CITY OF AMES
WHEREAS, the City of Ames devotes resources to law enforcement for the purpose of
assuring the safety of all persons who reside in or visit our connrnmity, and,
WHEREAS, the power to regulate immigration is exclusive to the federal government and
the enforcement of immigration law is a faction of the federal government that currently resides
with Immigration and Customs Enforcement (ICE) of the Department of Homeland Security; and,
WHEREAS, no federal law compels the local police to participate in the enforcement of
federal immigration law and any such requirement would raise significant anti commandeering
issues under the Tenth Amendment to the Constitution of the United States; and,
WHEREAS, for as long as the City can remember, the Ames Police Department has not been
involved in the enforcement of federal inmrigration; and,
WHEREAS, any perception that the local police are involved in the enforcement of
immigration law will undermine the police-cornnumity relationships that have been built up over the
years, and thereby undermine the ability of the police to keep the community safe; and,
WHEREAS, it is essential to public safety that every person, regardless of immigration
status, who is a victim of or a witness to a crime, feel comfortable reporting crimes or aiding in the
investigation of crimes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that:
1. Except as necessary for public safety as determined by the Police Chief or designee, or as
otherwise required by state or federal law, the Ames Police Department shall not undertake
any law enforcement action for the purpose of detecting the presence of undocumented
persons or devote any public resources to the enforcement of federal immigration law;
2. This resolution addresses the discretionary use of legal city resources and does not:
a) prohibit, or in any way restrict, any official or employee of the City of Ames from
sending to or receiving from, ICE information regarding the citizenship or
immigration status, lawful or unlawful, of any individual(8 U.S.C. Section 1373);
b) affect or limit the enforcement of federal immigration law by federal authorities
within the City of Ames;
c) affect or limit ICE's Priority Enforcement Program (f/k/a Secure Conurnuuties)
whereby all fingerprints of adults arrested, or juvenile s taken into custody, for a crime
other than a simple misdemeanor, are automatically included in the federal automated
fingerprint identification system and cross-checked against the ICE database, such
that ICE is notified of that person's arrest and detention in the jail; or,
d) in any way condone, encourage, or assist the violation of federal law which makes
it a crime for any person to, "knowing or in reckless disregard of the fact that an alien
has come to, entered, or remains in the United States in violation of law, conceal,
harbor, or shield from detection, such alien in any place, including any building or
any means of transportation."(8 U.S.C. Section 1324).
ADOPTED THIS 27t' day of June, 2017.
�� A.
Diane R Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Beatty-Hansen
Seconded by: Corrieri
Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin,Nelson
Voting nay: Orazem Absent: None
Resolution declared adopted and signed by the Mayor this 271h day of June, 2017.