HomeMy WebLinkAbout2006 Resolution No. 069• RESOLUTION NO. t,q
SERIES OF 2006 7
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A RESOLUTION PROVIDING NOTICE TO PEACE OFFICERS OF THE DUTY TO
COOPERATE WITH STATE Al'!U FEDERAL OFFICIALS IN THE ENFORCEMENT OF
STATE AND FEDERAL LAWS :ti.GARDING IMMIGRATION.
WHEREAS, 1he C•,lor, '.o Stale Legislature adopted Senate Bill 06-090 penaining to Colorado
Revised Statutes Anicle: ·i1le 29. Chapter I 01 -"Immigration Status -Cooperation With
Federal Officials " which w, .. 1 in10 cP.'ect May I, 2006 : and
WHEREAS. 29-29-101 C.R .c slates "A Peace Officer who has probable cause 1hat an
arrestee for a criminal offense is not legally present in the United States shall repon such arrestee
to the United States Immigration and Customs Enforcement Office if the arrestee is not held at a
detention facility . If the arrestee is held at a detention facility and the County Sheriff reasonably
believes that the arrestee is not legall y presrnl in the United S1a1es . 1he Sherifishall repon such
arrestee to the Federal Immigration and customs Enforcem~m Office :·
WHEREAS. the City Council of the Ci1y of En.,!, <oo<' '·0 1, rode hereby provides notice to
the Englewood Safety Services Department of the d1 ,!\' it• L:O ~p -1a1e with State and federal
officia ls wi1h regards to enforcement of State nnd h.· ~ral lll,VS regarding imrni t;rat >,n: and
WHEREAS, 1he Ci1y of Englewood Safely Services Department shall provide written notice
10 1he Colorado General Assembly annually. on or before Morch I" of each year. regarding 1hc
number of reports made to the United States Immigration and Cus10111s Enforcement Office
pursuant 10 Article 29-29-101 C.R .S.:
NOW . THER l:FO RE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD . COLORADO. THAT :
lli!ignJ. The City Council of the City of Englewood. Colorado hereby affirms 1ha1 the
Eng lewood Safety Services Department shall eo opcralc with State and Federal official s in the
enforcement of State and Federal Laws regarding immigration .
Section 2. The City of Englewood through its Safety Services Department. shall provide
written notice to the Colorado General Assembly annually , on or before March 151 of each year.
regarding the number of reports made to the United States Immigration and Customs
Enforcement Office pursuant to Article 29-29-101 C.R .S.
ADOPTED AND APPROVED thi s I o•h of July . 2006 .
I, Loucrishia A. Ellis, City Clerk for J,;q ity of Englewood,
above is a true copy of Resolution No.~• Series of 20 .
• COUNCIL COMMUNICATION
Date: Aaenda Item: Subject:
July 10, 2006 11 C iii Reporting Requirements Pertaining to
Illegal Immigrants
Initiated By: I Staff Source :
Department of Safe ty Servi ces Commander Jeff Sanchez
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There has b een no previous action on this particular issue .
RECOMMENDED ACTION
Staff seeks Council support for a Resolution affirming that the Englewood Departmen t of Safety
Services wi ll comply with re cently adopted Stal e legis latio n en titled "Immi grati on Status -
Cooperation wi th Federal Officials."
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
N ewly adopted C o lo rado legis lati o n (Senate Bill 06-090) crea tes a new Article 29 in Titl e 29 of th e
Co lorad o Stale Statutes entitled "Immigration Status -Cooperation wi th Federal Officials." Th e bill,
which was design ed lo prohib it "san ctu ary policies," call s for loca l governments to cooperate w ith
federal officials in matters relating to illegal immigrants . Specificall y, the m easure ca lls for Peac e
Officers w ho have probable cause lo believe an arrestee is no t legall y present in the United Stales
lo report said arrestee lo the United Stales Immigration and Customs Enforcement Office.
Th e legis lati on was si gned into law on May 1, 2006, and th e Safety Se rv ic ~s Department has drafted
a formal policy so th at all Englewood Police Officers ar e aware of the legislation . The attached
resolutio n provides official notification of the requirements of the legislation, and affirmation that
the Ci ty w ill · •. mply with them.
FINANCIAL IMPACT
There is no financial impact associated with th is action.
LIST OF ATTACHMENTS
Resolution