§ 28-252. Limitations on access to secure areas of city and county jails and related facilities.  


Latest version.
  • (a)

    Unless federal immigration authorities present a warrant issued by a federal judge or magistrate, federal immigration authorities shall not be granted access or allowed to use the secure areas of any city or county jail or other city-owned law enforcement facility for the purpose of conducting investigative interviews or any other purpose related to the enforcement of federal immigration laws. For purposes of this section the term "secure area" means any area of the facility that is not generally open and accessible to the general public, but instead requires special permission for admittance by a city officer or employee on an individual basis.

    (b)

    Nothing in subsection (a) of this section or in section 28-250 shall prevent city law enforcement officials from coordinating telephone or video interviews between federal immigration authorities and individuals incarcerated in any city or county jail to the same extent as telephone or video contact with such individuals is allowed by the general public; provided, however, that no such interview shall be allowed until the individual has been advised of certain legal rights in writing in the individual's language of choice, including but not limited to:

    (1)

    The interview is being sought by federal immigration authorities;

    (2)

    The individual has the right to decline the interview and remain silent;

    (3)

    The individual has the right to speak to an attorney before submitting to the interview; and

    (4)

    Anything the individual says may be used against him or her in subsequent proceedings, including in a federal immigration court.

(Ord. No. 940-17, § 1, 8-28-17)