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Label:
City code chapter
(Chapter added by Ordinance 192115, effective October 15, 2025.)
23.20.010 Definitions.
- A. City entity means any bureau, office, program, employee, or contractor of the City.
- B. City employee means any individual employed by the City in a position classified under the categories defined in City Code or Administrative Rule HRAR-3.03.
23.20.020 Intent.
- A. The City recognizes and values the diverse contributions of all individuals and affirms its commitment to treating all persons with dignity and respect, regardless of race, color, national origin, immigration or refugee status, heritage, culture, religion, sex, gender identity or expression, sexual orientation, ability, age, or economic status.
- City Council, in the interests of public and community safety, and in the lawful exercise of its authority and for the protection of all persons within its jurisdiction, confirms the City's commitment to safeguarding and supporting immigrant and refugee communities through binding municipal law.
23.20.030 Policy.
- A. Consistent with state and federal law, the City prohibits the use of City resources to enforce federal immigration law.
- 1.City facilities, property, moneys, equipment, technology or personnel may not be used for the purpose of investigating, detecting, apprehending, arresting, detaining or holding persons for the purpose of enforcing federal immigration laws.
- 2. No City entity or law enforcement agency may enter into a formal or informal agreement with a federal immigration authority relating to the detention of a person for the purpose of enforcing federal immigration laws.
- 3. Exceptwhen required by state or federal law, no City entity or law enforcement agency may collect, inquire into, or disclose information concerning an individual's immigration or citizenship status, country of birth, or other personal information for the purpose of enforcing federal immigration laws.
- 4. The prohibitions and requirements set forth in this Chapter do not apply to the following:
- a. When required by court order, or a warrant authorized by a court;
- b. When disclosure is required by a judicial subpoena issued as part of a court proceeding or by another compulsory court-issued legal process;
- c. When disclosure is required to effect the international extradition to this state and return of a person charged with or convicted of crimes in this state and for whom a warrant of arrest has been issued;
- d. To the extent that the information is available to the general public and under the same terms and conditions as it is available to the general public;
- e. When the information is necessary to advance an investigation into a violation of state or local criminal law;
- f. When the information is submitted to a court of this state, whether orally or in writing, in connection with a proceeding in that court; or
- g. When the information is necessary to determine the individual's eligibility for a benefit the individual is seeking.
- B. All City staff are required to participate in ongoing training on the City's sanctuary policies. The content of this training will align with federal law, state law, and Portland City Code.
- 1.Training will include, at a minimum:
- a. Sanctuary City Code provisions and City policies;
- b. The distinction between administrative warrants and judicial warrants;
- c. The difference between and importance of public and nonpublic spaces, including authorized access to City spaces and facilities;
- d. Guidance on responding to inquiries or actions by a federal immigration authority, including requests for information regarding City employees or residents and visitors and attempts to access City property or City-sponsored meetings;
- e. The process for rapidly contacting the appropriate City official in urgent situations; and
- f. Training specific to supervisory responsibilities.
- 2. The training may also include, but is not limited to:
- a. Information on how and where employees can access relevant City resources and additional learning materials;
- b. Resources for City employees directly affected by federal immigration authority enforcement action; and
- c. Protocols for supervisors on responding if employees are detained, as well as guidance on compassionate leadership and support for employees.
- 3. The training will be reviewed no less than annually and may be reviewed more frequently as necessary. Revisions will incorporate emerging best practices, newly enacted laws, updated protocols, and relevant resources. Updates will be informed by feedback from Employee Resource Group representatives, relevant and representative bureaus, equity and language subject matter experts, labor union representatives, immigration rights organizations, faith leaders, community leaders, nonprofits, educational institutions and additional community partners.
- 1.Training will include, at a minimum:
- C. City-owned and leased spaces and buildings will display visible signage identifying entry requirements for the public and visitors and the specific areas which are public spaces and all areas that are not.
- 1. Signage will be in accordance with best practices for language access and plain language, and recommendations of Employee Resource Groups, equity and subject matter experts on immigrant affairs and rights.
- 2. Signage will include companion resources to explain the signage and contain additional resources and contacts. Companion resources will be based on best practices for language access and plain language, Sanctuary City trainings, and content should be in accordance with immigrant rights organization recommendations.
- 3. Signage policies and resources will be updated regularly and informed by experts, City Attorney advice, Employee Resource Groups and community leaders in language access, equity, immigrant affairs and rights, and additional relevant subject matters.
- D. Immigrant affairs tracking evaluation and reporting.
- The City will regularly review their existing programs and services to identify ways to comply with this Code Section, and implement best practices and policies for staff and communities impacted by immigration.
- 1. Every City bureau and office will provide the following information to Council at least quarterly:
- a. Employee training completion rates;
- b. Federal enforcement activity on City property and facilities; and
- c. Known violations of the Sanctuary Promise Act by City employees.
- 2. The City will also provide an annual report to Council summarizing Freedom of Information Act requests, immigration enforcement communication, requests, and activities and a detailed description of the City's response.
- 3. The City will provide a report at least annually to Council. The report will be combined and coordinated. It will include the following:
- a. An evaluation of training on City's sanctuary policies; and
- b. Compliance with City's sanctuary policies; and
- c. Information on sanctuary-related policies and procedures in similar local jurisdictions.
- d. Reviewal and evaluation will be informed by feedback from Employee Resource Group representatives, relevant and representative bureaus, equity and language subject matter experts, labor union representatives, immigration rights organizations, faith leaders, community leaders, non-profits, educational institutions and additional community partners.
- 1. Every City bureau and office will provide the following information to Council at least quarterly:
23.20.040 Exceptions.
- A. The prohibitions set forth in this Chapter do not apply to the arrest by Portland Police Bureau of individuals who have been formally charged by the United States with a criminal offense under federal immigration law, as specified in Title II of the Immigration and Nationality Act or under 18 U.S.C. §§ 1015, 1422–1429, or 1505, and who are subject to arrest for the crime pursuant to a judicial warrant of arrest issued by a federal magistrate.
- B. The Portland Police Bureau will include in its annual report to the City Council a section that details all instances in which receives communication or request from a federal agency that relates to immigration enforcement, including exception applied in Subsection 23.20.030 A.4 above. The report will include details about the basis for the exception for each instance, including the justification for each instance. Additionally, each instance will be reported with the legally disclosable information for the name and title of the official who authorized the action, a comprehensive description of the action taken, and the identities and roles of any federal agents involved.