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Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 01-17-17 <br />RESOLUTION NO. 17-27 <br />RESOLUTION REAFFIRMING THE PUBLIC SAFETY <br />FUNCTION OF LOCAL LAW ENFORCEMENT. <br />WHEREAS, the City of Iowa City devotes resources to law enforcement for the purpose of <br />assuring the safety of all persons who reside in or visit our community; and <br />WHEREAS, the power to regulate immigration is exclusive to the federal government and the <br />enforcement of immigration law is a function of the federal government that currently resides <br />with Immigration and Customs Enforcement (ICE) of the Department of Homeland Security; and <br />WHEREAS, no federal law compels the local police to participate in the enforcement of federal <br />immigration law and any such requirement would raise significant anti -commandeering issues <br />under the Tenth Amendment to the Constitution of the United States; and <br />WHEREAS, for as long as the City can remember, the Iowa City Police Department has not been <br />involved in the enforcement of federal immigration law; and, <br />WHEREAS, any perception that the local police are involved in the enforcement of immigration <br />law will undermine the police -community relationships that have been. built up over the years, <br />and thereby undermine the ability of the police to keep the community safe; and, <br />WHEREAS, it is essential to public safety that every person, regardless of immigration status, <br />who is a victim of or a witness to a crime feels comfortable reporting crimes or aiding in the <br />investigation of crimes. <br />NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF <br />IOWA CITY, IN THE STATE OF IOWA: <br />1. Except as necessary for public safety as determined by the Police Chief or designee, or as <br />otherwise required by state or federal law, the Iowa City Police Department shall not undertake <br />any law enforcement action for the purpose of detecting the presence of undocumented persons <br />or devote any public resources to the enforcement of federal immigration law. <br />2. This resolution addresses the discretionary use of legal city resources and does not: <br />(i) Prohibit, or in any way restrict, any official or employee of the City of Iowa <br />City from sending to or receiving from ICE information regarding the citizenship <br />or immigration status, lawful or unlawful, of any individual (8 U.S. C. Section <br />1373); <br />(ii) Affect or limit the enforcement of federal immigration law by federal <br />authorities within the City of Iowa City; <br />(iii) Affect or limit ICE's Priority Enforcement Program (DVa Secure <br />Communities) whereby all fingerprints of adults arrested, or juveniles taken into <br />custody, for a crime other than a simple misdemeanor are automatically included <br />