§ 28-250. Use of city funds and resources limited; exceptions.

(a)

Except as specifically authorized in this article VIII, no department, agency, board, commission, officer or employee of the city, including without limitation, county court administrative and clerical employees, probation, pre-trial services and community corrections, shall use any city funds or resources to assist in the enforcement of federal immigration laws. The prohibition set forth in this section shall include but not be limited to:

(1)

Assisting or cooperating in one's official capacity with any investigation, detention, or arrest procedures relating to alleged violations of the civil provisions of federal immigration laws.

(2)

Requesting information about the national origin, immigration or citizenship status of any individual or engaging in activities designed to ascertain such information, except to the extent required by any federal, state or city law or regulation, or any international treaty to which the United States is a party.

(3)

Including on the application for any city services or benefits any question regarding national origin, immigration or citizenship status of the applicant, or conditioning the provision of city services or benefits upon the national origin, immigration or citizenship status of any individual, except to the extent required by any federal, state or city law or regulation.

(4)

Disseminating information about the national origin, immigration or citizenship status of any individual except to the extent required by any federal, state or city law or regulation, including by way of example 8 U.S.C. §1373 and 8 U.S.C. §1644, or any international treaty to which the United States is a party.

(5)

Initiating any law enforcement contact solely for purposes of determining the person's national origin, immigration or citizenship status, or arresting or detaining any individual solely on the basis of the individual's immigration or citizenship status.

(b)

Nothing in subsection (a) of this section shall preclude any city officer or employee from cooperating or assisting federal immigration enforcement authorities in the execution of a warrant issued by a federal judge or magistrate or honoring any writ issued by any state or federal judge concerning the transfer of a prisoner to or from federal custody. The time and resources expended by any city law enforcement officer investigating and determining whether an immigration-related warrant listed in any crime information database is judicial or administrative in nature shall not be considered a violation of subsection (a) of this section.

(c)

City law enforcement officers may respond to calls for assistance from federal immigration enforcement authorities to the extent necessary to keep the peace, protect public safety, or enforce any applicable state and city criminal laws beyond the scope of effectuating an immigration arrest. Nothing in subsection (a) of this section shall preclude city law enforcement officers from participating in coordinated law enforcement actions with federal law enforcement agencies, as long as the primary purpose of the coordinated action is the enforcement of city, state or federal criminal laws.

(d)

Nothing in subsection (a) of this section or in section 28-251 shall restrict the authority of the city to enter into agreements concerning the transport of persons who are already in federal custody through Denver International Airport, to the extent such agreements are deemed necessary to ensure that city officials are made aware whenever federal prisoners are being transported through the airport by federal immigration authorities, and to make space available to federal immigration officials for the safe and secure transport of such prisoners within the airport.

(Ord. No. 940-17, § 1, 8-28-17)