Title
Approval of an Ordinance Enacting Olympia Municipal Code Chapter 12.75 Prohibiting Use of City Owned or Controlled Property for Civil Immigration Enforcement Activities or Operations by Federal Agents; Declaring an Emergency and Establishing an Effective Date - FIRST AND FINAL READING
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Move to approve an Ordinance, on first and final reading, enacting new Olympia Municipal Code (OMC) Chapter 12.75, Prohibition Against Use of City Owned or Controlled Properties for Civil Immigration Enforcement, Declaring an Emergency and Establishing an Effective Date.
Report
Issue:
Whether to approve an Ordinance, on first and final reading, enacting new Olympia Municipal Code (OMC) Chapter 12.75, Prohibition Against Use of City Owned or Controlled Properties for Civil Immigration Enforcement, Declaring an Emergency and Establishing an Effective Date.
Staff Contact:
Jay Burney, City Manager, 360.753.8740.
Mark Barber, City Attorney, 360.753.8223
Presenter(s):
None, Consent item.
Background and Analysis:
The City of Olympia owns or controls properties used for municipal operations and activities. As a property owner, the City has the right to regulate how its properties are used, and no person or federal agent may use municipal property without the City’s express permission.
Federal law enforcement agencies such as the U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP) may not use City-owned or City-controlled property unless they have express permission from the City of Olympia. An exception to this requirement is entry pursuant to a judicial warrant or other properly issued court order.
In the absence of such a judicially issued warrant or court order, these federal agencies are not authorized to use municipal properties for immigration enforcement activities, including staging, surveillance, processing detainees, or related operations. While the federal government controls the use of federal property, local jurisdictions like the City of Olympia have lawful authority to determine who may use their municipal property and to set conditions or restrictions on such use, including federal agencies.
Climate Analysis:
This action will not impact the environment or climate.
Equity Analysis:
This Ordinance will support and serve the health, safety, and welfare of the residents of the City of Olympia by prohibiting use of City owned or controlled properties by agents of ICE, CBP, or other federal agencies for civil immigration enforcement activities or operations.
Neighborhood/Community Interests (if known):
The City Council has heard from community members distressed and fearful of immigration enforcement by ICE and CBP in other American cities, including Minneapolis and St. Paul, Minnesota, and federal agents using City owned or controlled properties for civil immigration enforcement activities and operations such as staging, processing detainees, surveillance, deploying personnel, vehicles or equipment, or logistical coordination.
Financial Impact:
It is not anticipated that prohibiting use of City owned or controlled properties from being used for civil immigration enforcement activities by the federal government will have any financial impact on the City.
Options:
1. Move to approve an Ordinance, on first and final reading, enacting new Olympia Municipal Code (OMC) Chapter 12.75, Prohibition Against Use of City Owned or Controlled Properties for Civil Immigration Enforcement, Declaring an Emergency and Establishing an Effective Date.
2. Direct staff to modify the language in the Ordinance Enacting OMC Chapter 12.75 Prohibiting Use of City Owned or Controlled Properties for Civil Immigration Enforcement Activities.
3. Take no action.
Attachments:
Ordinance