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File #: 23-3192    Version: 1 Name: Sec. 46-37. Declining ICE Detainer Requests Absent Full Reimbursement; Limiting Direct and Indirect Disclosure of Personal Information to Immigration Agents
Type: Ordinance Amendment Status: Held / Deferred in Committee
File created: 5/24/2023 In control: Legislation and Intergovernmental Relations Committee
On agenda: 5/25/2023 Final action:
Title: PROPOSED ORDINANCE AMENDMENT Sec. 46-37. Declining ICE Detainer Requests Absent Full Reimbursement; Limiting Direct and Indirect Disclosure of Personal Information to Immigration Agents (a) The Sheriff of Cook County shall decline ICE detainer requests unless there is a written agreement with the federal government by which all costs incurred by Cook County in complying with the ICE detainer shall be reimbursed. (b) Unless ICE agents immigration agents have a criminal warrant or County officials have a legitimate law enforcement purpose that is not related to the enforcement of immigration laws, ICE agents shall not be given access to individuals or allowed to use County facilities for investigative interviews or other purposes and County personnel shall not expend their time responding to ICE inquiries or communicating with ICE regarding individuals' incarceration status or release dates while on duty. (c) There being no legal authority upon which the federal government may compel...
Sponsors: ALMA E. ANAYA
title
PROPOSED ORDINANCE AMENDMENT

Sec. 46-37. Declining ICE Detainer Requests Absent Full Reimbursement; Limiting Direct and Indirect Disclosure of Personal Information to Immigration Agents

(a) The Sheriff of Cook County shall decline ICE detainer requests unless there is a written agreement with the federal government by which all costs incurred by Cook County in complying with the ICE detainer shall be reimbursed.

(b) Unless ICE agents immigration agents have a criminal warrant or County officials have a legitimate law enforcement purpose that is not related to the enforcement of immigration laws, ICE agents shall not be given access to individuals or allowed to use County facilities for investigative interviews or other purposes and County personnel shall not expend their time responding to ICE inquiries or communicating with ICE regarding individuals' incarceration status or release dates while on duty.

(c) There being no legal authority upon which the federal government may compel an expenditure of County resources to comply with an ICE detainer issued pursuant to 8 USC ? 1226 or 8 USC ? 1357(d), there shall be no expenditure of any County resources or effort by on-duty County personnel for this purpose, except as expressly provided within this section.

(d) Any person who alleges a violation of this section may file a written complaint for investigation with the Cook County Sheriff's Office of Professional Review.

(e) County personnel shall not disclose personal information to immigration agents whether directly or indirectly through any third party, such as a criminal justice data exchange or non-government entity.

(f) County agencies shall require any third party given access to personal information to:

(i) Prohibit the disclosure of such information to immigration agents and use of such information for the enforcement of immigration laws;

(ii) Limit use or disclosure of such information by a third party to a purpose specified in a written agre...

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