http://207.176.67.2/clerk/ordinances/other/ord198563.pdf.
Introduced by: Councilmember D’Ovidio 1st Reading: October 15, 1985
2nd Reading: October 28, 1985
ORDINANCE NO. 1985-63
WHEREAS the City of Takoma Park has expressed in Resolution 1985-29 a policy of granting
refuge to the numerous Salvadorans and Guatemalans in this area whom the
Immigration and Naturalization Service actively seeks to expel back to their wartorn
homelands; and
WHEREAS neither the Immigration and Nationality Act nor any other federal or state law
imposes a duty upon the City to enforce or assist in the enforcement of the U.S.
immigration laws; and
WHEREAS it is the policy of the City of Takoma Park that all residents shall have equal right
to enjoy the benefits of Takoma Park without fear of harassment or discrimination
due to their nationality or citizenship status.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION 1. No city enforcement of immigration laws
a. No agent, officer, or employee of the City of Takoma Park, in the
performance of official duties, shall assist or cooperate with the
Immigration and Naturalization Service of the United States in the
investigation or arrest of any persons for civil or criminal violation of the
Immigration and Nationality laws of the United States.
b. Except for Section 1.a. above, this ordinance does not prohibit the Takoma
Park Police Department from carrying out its mandated duty to apprehend
violators of the criminal law, nor does it prohibit police contact with any
Federal agency, other than the Immigration and Naturalization Service, in
connection with criminal or suspected criminal activity.
SECTION 2. No inquiries into citizenship
No agent, officer, or employee of the City of Takoma Park, in the performance of
official duties, shall make any inquiry about citizenship or residency status of any
person seeking to enforce rights or obtain benefits, or discriminate in the
enforcement of rights or the granting of benefits on such bases, unless Federal or
Maryland law so requires for the determination of eligibility of benefits. The City
of Takoma Park administers no program which requires such inquiry.
SECTION 3. No release of information about citizenship status
No agent, officer, or employee of the City of Takoma Park, in the performance of
2
official duties, shall release to the Immigration and Naturalization Service any
information regarding the citizenship or residency status of any City resident.
SECTION 4. Severability
The provisions of this ordinance shall be severable; and if any part is declared by
a court of competent jurisdiction to be contrary to the Constitution or laws of the
United States or Maryland, and the applicability of that part of this ordinance to
any agency, person, or circumstance is thereby held invalid, the validity of the
remainder of this ordinance shall not be affected.
SECTION 5. Effective date
This ordinance shall become effective upon enactment.
ADOPTED this 28th day of October, 1985.
Good God, this is the Twilight Zone!