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Ordinance amending and supplementing the Pittsburgh City Code, Title 6: Conduct, Article I: Regulated Rights and Actions by adding a new Chapter 630A: Non-Intervention with Respect to Immigration Enforcement, to place certain restrictions on the collection and use of information related to citizenship and immigration status, place certain restrictions on the use of City assets, prohibit certain forms of discrimination in City services, and provide for remedies for violations, all under certain terms and conditions.
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The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The Pittsburgh City Code, Title 6: Conduct, Article I: Regulated Rights and Actions is hereby supplemented to add a new Chapter 630A: Non-Intervention with Respect to Immigration Enforcement.
§630A.01. Definitions.
(1) CITIZENSHIP OR IMMIGRATION STATUS shall have the same meaning as defined under the City Code of Pittsburgh Title 6, Article V, Chapter 651, Section 651.04(ss).
(2) CONTRACTOR OR SUBCONTRACTOR shall mean any person or entity that receives City funds and is party to, or a subcontractor for, an agreement to provide services or goods to, or on behalf of, the City.
(3) CITY AGENCY shall mean any city department, division, commission, council, committee, board, or other body established by authority of ordinance, executive order, or Charter, including the Pittsburgh Bureau of Police.
(4) CITY shall mean the City of Pittsburgh.
(5) EMPLOYEE shall mean any individual employed by or acting on behalf of a City Agency.
(6) PURCHASER shall mean any individual or entity seeking to buy an interest in City-owned real property.
(7) LESSEE shall mean any individual or entity leasing City-owned real property or real property managed by the city after the effective date of this Chapter, including any individual or entity who subleases such property.
(8) JUDICIAL WARRANT shall mean a warrant based on probable cause and issued by a judge appointed pursuant to Article III of the United States Constitution or a federal magistrate judge appointed pursuant to Section 631 of Title 28 of the United States Code.
(9) COURT ORDER shall mean an order entered by a state or federal court, not including an administrative immigration court.
(10) 287(g) AGREEMENT shall mean any written Memorandum of Agreement, contract, or arrangement entered into pursuant to Section 287(g) of the Immigration and Nationality Act (8 U.S.C. §1357(g)), authorizing local law enforcement officers to perform the functions of immigration enforcement agents.
(11) IMMIGRATION DETAINER shall mean a request by a federal immigration enforcement agent to a federal, state, or local law enforcement agency that the law enforcement agency provide notice of release or maintain custody of an individual for purposes of civil immigration law enforcement, including Form I-247-A “Immigration Detainer - Notice of Action”, Form I-247D “Immigration Detainer - Request for Voluntary Action”, I-247X “Request for Voluntary Transfer”, Form I-247N “Request for Voluntary Notification of Release”, or any successor forms, as well as informal and verbal requests.
(12) ADMINISTRATIVE WARRANT shall mean a document issued by an immigration enforcement official, including those from the United States Department of Homeland Security (DHS), United States Immigration and Customs Enforcement (ICE), or an administrative immigration judge (IJ), relating to suspected violations of immigration law, including an I-200 “Warrant for Arrest of Alien”, I-205 “Warrant of Removal/Deportation”, and any successor or similar forms. “Administrative warrant” shall include civil administrative warrants, administrative subpoenas, detainer requests, removal orders, entries in databases maintained by National Crime Information Center or other entities, and any similar civil order for the arrest or detention of an individual or for information but shall not include a judicial warrant or court order.
(13) IMMIGRATION ENFORCEMENT OFFICIAL shall mean any federal employee or agent engaged in immigration enforcement operation, including but not limited to agents of U.S. Customs and Border Patrol (CBP), the Department of Homeland Security (DHS), and Immigration and Customs Enforcement (ICE).
(14) IMMIGRATION ENFORCEMENT OPERATION shall mean any operation that has as its main objective the identification or apprehension of a person or persons: (a) in order to subject them to civil immigration detention, removal or deportation proceedings, and/or removal or deportation from the United States; or (b) to criminally prosecute a person or persons for offenses related to immigration status, including but not limited to violations of Sections 1253, 1304(e), 1306(a) and (b), 1325, or 1326 of Title 8 of the United States Code, or violations of Sections 1028A or 1546 of Title 18 of the United States Code.
(15) OTHER COVERED OCCUPANTS shall mean all property managers, contractors, lessees, sub-lessees, assignees, and tenants of a purchaser of or lessee of property that is owned or managed by the City.
(16) MAY shall only have a permissive meaning in this chapter.
(17) INFORMATION. Any personal identifying information, including custody status, release date, photos, Social Security number, Individual Tax Identification Number, contact information, place of birth, country of origin, place of employment, school or educational institution records, income, status as a recipient of public benefits, public utilities accounts, medical information or disability information.
(18) LAW ENFORCEMENT OFFICER. Any "peace officer" as defined in 18 Pa.C.S. § 501 (relating to definitions).
(19) ACCEPTABLE FORM OF IDENTIFICATION. Identification cards or documents or a combination of identification cards or documents which the City agency or department, or the City agency or department that is the source of City funds, determines are sufficient to verify the appropriate information about the individual. “Identification cards” can include but are not limited to photo identity documents (ID) issued by a state and/or foreign government (such as a driver's license, passport or consular identification documents).
§630A.02. Prohibition of Discrimination and on the Collection and Use of Certain Information.
(1) No City agency, official, employee, contractor or subcontractor shall, in the course of duties carried out on behalf of the City, request or store information about a person’s citizenship or immigration status, or about the citizenship or immigration status of a person’s household members or associates, unless required to do so to comply with a court order or state or federal law. Any such information already in the possession of a City agency, official, employee, contractor or subcontractor that is not otherwise required to be maintained or stored by local, state, or federal law shall be deleted within 60 days after the effective date of this ordinance.
(2) No City agency, official, employee, contractor or subcontractor shall condition the provision of City benefits, services, or opportunities on a person’s citizenship or immigration status or national origin, unless otherwise required to do so by court order or state or federal law.
(3) No City agency, official, employee, contractor or subcontractor shall, in the course of duties carried out on behalf of the City, threaten, coerce, or intimidate a person based on their actual or perceived citizenship or immigration status or that of any member of the person’s household.
(4) No City agency, official, employee, contractor or subcontractor shall initiate an investigation or take law enforcement action based on a person’s actual or perceived citizenship or immigration status, unless required to do so to comply with state or federal law or court order, including a judicial warrant.
(5) No City agency, official, employee, contractor or subcontractor, or other person or entity that receives City funds shall, in the course of duties carried out on behalf of the City, subject a person to a higher level of scrutiny or different treatment because they present an acceptable form of identification that is not a United States Passport, state-issued driver’s license, or other state identification. This subsection (5) shall not apply to the completion federal or state forms requiring a specific form of identification or license under defined circumstances.
(6) No City agency, official, or employee shall, after a person becomes eligible for release from custody or would otherwise be free to leave an encounter with an agency, official, or employee, stop, arrest, detain, or continue to detain that person, based solely on any of the following:
(a) An immigration detainer;
(b) An administrative warrant; or
(c) Information or suspicion that a person is not present legally in the United States, or that the person has committed an immigration violation.
(7) No City agency, official, or employee shall:
(a) Permit immigration enforcement officials to access a person being detained by, or in the custody of, the agency or agent; transfer any person into the custody of immigration enforcement officials;
(b) Permit immigration enforcement officials to use City or City agency facilities, information (except as required under section 630A.05 of this chapter) or equipment, including any agency electronic databases, for investigative interviews or other investigative purpose or for purposes of executing an immigration enforcement operation;
(c) Expend time to respond to immigration enforcement official inquiries or communicate with immigration enforcement officials regarding a person's custody status, release date, home address, work address, or other information (except as required under section 630A.05 of this chapter). This subsection (c) shall not apply to a circumstance where a person's family member asks a City agency or employee for help locating the whereabouts of such person if missing and not in the custody or control of a City agency or employee.
(d) Request, record, or access in government records the citizenship or immigration status of an individual, unless the action is required by state or federal law or court order.
(8) No City agency, official, or employee shall support or assist immigration enforcement officials in any capacity with immigration enforcement operations, including but not limited to requests to:
(a) Provide information (including contact information, custody status, release date, home address, or work address) for the purpose of immigration enforcement operations except as provided under section 630A.05;
(b) Investigate or interrogate persons for the purpose of immigration enforcement;
(c) Establish traffic perimeters for the purpose of immigration enforcement; or
(d) Otherwise be present to assist or support an immigration enforcement operation. In the event an agent receives a request to support or assist in an immigration enforcement operation, he or she shall report the request to his or her supervisor, who shall decline the request, except as provided under section 630A.05, and document the declination in an interoffice memorandum to the agency director through the chain of command.
This subsection (8) shall not prevent City agencies, officials, or employees from addressing threats to public safety, even when caused by immigration enforcement officials or by an immigration enforcement operation.
(9) All applications, questionnaires, and interview forms used in relation to City benefits, opportunities, or services shall be promptly reviewed by the pertinent City agencies. Any questions regarding citizenship or immigration status, other than those required by ordinance, court order, or state or federal law shall be deleted within 60 days of the adoption of this ordinance.
(10) Any contract, lease, purchase agreement, or other agreement entered into by the City or a City agency with any lessee or purchaser after the effective date of this ordinance that grants any interest in real property owned by the City or leases any interest in real property owned or managed by the City, which contains or will contain a building exceeding ten thousand (10,000) square feet or multiple buildings that collectively exceed ten thousand (10,000) square feet, shall contain the following provisions:
(a) With respect to all persons on the property, no lessee or purchaser shall request, retain, or search for information about a person’s citizenship or immigration status, or about the citizenship or immigration status of a person’s household members or associates, unless required to do so to comply with a court order or state or federal law.
(b) Safe Community Protections. The property shall have clear signage to this effect stating the following: “In nonpublic areas of this property, a judicial warrant is required for law enforcement activities, and no voluntary consent may be solicited from any employee.” A lessee or purchaser shall not have the authority to consent to permitting a law enforcement officer to enter a nonpublic area of the facility for the purpose, or in furtherance, of an operation executed in whole or part by federal authorities or out-of-state authorities that seeks:
(i) To identify or impose civil or criminal liability upon a person or entity based on their participation in activities protected by the First Amendment of the U.S. Constitution or Article 1 Section 7 of the Pennsylvania Constitution including assembly, petitioning, and speech; or
(ii) To identify, arrest or otherwise impose a penalty upon a person for purposes of federal immigration enforcement, including an immigration enforcement operation.
(c) The lessee or purchaser shall require all other covered occupants to comply with and be bound the above subsection (10)(a) and (10)(b) as if the other covered occupants were a lessee or purchaser. Every contract or agreement entered into by a purchaser for the sale of property subject to the provisions of this subsection (10) shall contain a provision requiring the transferee to be bound by and comply with all of the provisions of this subsection (10) as if the transferee were a purchaser.
(d) Subsection (10)(b) shall not prevent compliance with a valid judicial warrant authorizing entry or entry under exigent circumstances.
(e) The provisions of this subsection (10) shall apply:
(i) to a lessee, for the entire duration of the lease, including during any and all terms of renewal; or
(ii) to a purchaser, for a period of ten (10) years from the date of sale.
(f) Within one (1) year after the date of sale, a purchaser shall record a deed restriction allowing the City to enforce the provisions of this subsection (10), such restriction to be prepared by the Director of Finance or their designee.
(g) Noncompliance with the provisions of this subsection (10) shall be deemed a material breach of a purchaser’s or lessee’s obligations.
(h) Noncompliance with the provisions of this subsection (10) by a lessee or purchaser shall incur liquidated damages payable to the City for each instance of noncompliance equal to the greater amount of:
(i) one percent (1%) of the property’s total assessed value as determined by the Office of Property Assessments of Allegheny County, including the sum of the building value and land value;
(ii) for a lessee, twelve percent (12%) of either the monthly rent due under the lease or the prorated monthly rental payments due under a lease that is not charged on a monthly basis;
(iii) for a purchaser, one percent (1%) of the purchase price paid to the City for the property; or
(iv) three hundred dollars ($300.00).
The Director of Finance may waive the requirements of this subsection (10) if including the aforementioned provisions might result in the loss of federal, state or similar funds or grants. The Director of Finance must notify City Council in writing of the decision to make any such waiver before any such waiver is made.
(11) Non-intervention related to 287(g) Agreements.
(a) No City agency, official, or employee shall enter into, renew, or participate in a 287(g) Agreement.
(b) No City funds, personnel, equipment, or facilities shall be used to support the activities of a 287(g) Agreement.
(12) No City agency, official, or employee shall enter into, renew, or participate in a contract or agreement with U.S. Customs and Border Patrol (CBP), Immigration and Customs Enforcement (ICE), or any immigration enforcement official.
§630A.03. Protection from Illegal Impersonation.
(1) Pittsburgh Bureau of Police officers may monitor any suspected immigration enforcement operation in the City.
(2) Pittsburgh Bureau of Police officers may request an alleged law enforcement officer to present identification when there is probable cause or reasonable suspicion to believe the alleged law enforcement officer has committed a crime, including, but not limited to, impersonation of a public servant under 18 Pa.C.S.A. § 4912 or official oppression under 18 Pa.C.S.A. § 5301.
§630A.04. Enforcement.
(1) The City may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this Chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.
(2) Any contract or other agreement entered into by the City or a City agency with any contractor or subcontractor shall contain a provision requiring the party to comply with this chapter. The provision shall also require the contractor or subcontractor to ensure that any and all subcontractors comply with this chapter. The Chief Procurement Officer may waive the requirements of this subsection (2) if including the aforementioned provision might result in a party losing federal, state or similar funds or grants. The Chief Procurement Officer must notify City Council of the decision to make any such waiver in writing before any such waiver is made
(3) Any City official, employee, agent, contractor, vendor, or subcontractor recipient of City funds who receives a request to support or assist in an immigration enforcement operation in the course of duties carried out on behalf of the City shall report the request to their supervisor, who shall decline the request and document the declination in an interoffice memorandum to the agency director and the City Solicitor, or their designees.
(4) Any City official, employee, agent, contractor, vendor, or subcontractor recipient of City funds that receives a warrant or subpoena from federal immigration agents in the course of duties carried out on behalf of the City shall immediately convey it to the City Solicitor, or their designee, who will evaluate the City’s obligation to comply.
(5) Anyone may report a violation of this chapter by a local law enforcement officer or local law enforcement professional to the Citizen Police Review Board. A violation of this chapter shall constitute “misconduct” under the City Code of Pittsburgh Title 6, Article VI.
(6) Anyone may report a violation of this chapter by a City official, employee, or agent to the Office of Municipal Investigations.
(7) Anyone may report a violation of this chapter by a contractor or subcontractor to the City Controller.
(8) Anyone may report noncompliance with a contract provision imposed by section 630A.02(10) of this chapter to the City Controller.
§630A.05. Construction.
(1) Nothing in this chapter shall be construed to require or permit violations of federal law, including 8 U.S.C § 1644 and §1373(a).
(2) Nothing in this chapter shall prohibit a City agency, official, or employees from approving certifications requests for crime victims or witnesses applying for U or T visas, or other benefits.
(3) Nothing in this chapter shall prohibit cooperation with federal authorities in the investigation or prosecution of criminal activity when required by law.
(4) Nothing in this chapter shall be construed to restrict compliance with federal or state law where such compliance is mandatory.
(5) Severability. If any provision of this chapter or application thereof to any person or circumstance is judged invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared severable.
(6) Repealer. All provisions of prior Ordinances adopted by the City of Pittsburgh that are inconsistent with this chapter are hereby repealed, but only to the extent necessary to remedy the inconsistency.
(7) Effective Date. This ordinance shall become effective immediately upon the date of final approval.