San Francisco Administrative Code
CHAPTER 12H
IMMIGRATION STATUS
Sec. 12H.1.
City and County of Refuge.
Sec. 12H.2.
Use of City Funds Prohibited.
Sec. 12H.2-1.
Chapter Provisions Inapplicable to Persons Convicted of Certain Crimes.
Sec. 12H.3.
Clerk of Board to Transmit Copies of This Chapter; Informing City Employees.
Sec. 12H.4.
Enforcement.
Sec. 12H.5.
City Undertaking Limited to Promotion of General Welfare.
Sec. 12H.6.
Severability.
SEC. 12H.1. CITY AND COUNTY OF REFUGE.
It is hereby affirmed that the City and County of San
Francisco is a City and County of Refuge. (Added by Ord. 375-89, App. 10/24/89)
SEC. 12H.2. USE OF CITY FUNDS PROHIBITED.
No department, agency, commission, officer or employee
of the City and County of San Francisco shall use any City funds or resources
to assist in the enforcement of federal immigration law or to gather or disseminate
information regarding the immigration status of individuals in the City and
County of San Francisco unless such assistance is required by federal or
state statute, regulation or court decision. The prohibition set forth in
this Chapter shall include, but shall not be limited to:
(a) Assisting or cooperating, in one's
official capacity, with any Immigration and Naturalization Service (INS)
investigation, detention, or arrest procedures, public or clandestine, relating
to alleged violations of the civil provisions of the federal immigration
law.
(b) Assisting or cooperating, in one's
official capacity, with any investigation, surveillance or gathering of information
conducted by foreign governments, except for cooperation related to an alleged
violation of city and county, state or federal criminal laws.
(c) Requesting information about,
or disseminating information regarding, the immigration status of any individual,
or conditioning the provision of services or benefits by the City and County
of San Francisco upon immigration status, except as required by federal or
state statute or regulation, City and County public assistance criteria,
or court decision.
(d) Including on any application,
questionnaire or interview form used in relation to benefits, services or
opportunities provided by the City and County of San Francisco any question
regarding immigration status other than those required by federal or state
statute, regulation or court decision. Any such questions existing or being
used by the City and County at the time this Chapter is adopted shall be
deleted within sixty days of the adoption of this Chapter. (Added by Ord.
375-89, App. 10/24/89)
SEC. 12H.2-1. CHAPTER PROVISIONS INAPPLICABLE TO PERSONS CONVICTED
OF CERTAIN CRIMES.
Nothing in this Chapter shall prohibit, or be construed
as prohibiting, a law enforcement officer from identifying and reporting
any person pursuant to state or federal law or regulation who is in custody
after being booked for the alleged commission of a felony and is suspected
of violating the civil provisions of the immigration laws. In addition, nothing
in this Chapter shall preclude any City and County department, agency, commission,
officer or employee from (a) reporting information to the INS regarding an
individual who has been booked at any county jail facility, and who has previously
been convicted of a felony committed in violation of the laws of the State
of California, which is still considered a felony under state law; (b) cooperating
with an INS request for information regarding an individual who has been
convicted of a felony committed in violation of the laws of the State of
California, which is still considered a felony under state law; or (c) reporting
information as required by federal or state statute, regulation or court
decision, regarding an individual who has been convicted of a felony committed
in violation of the laws of the State of California, which is still considered
a felony under state law. For purposes of this Section, an individual has
been “convicted” of a felony when: (a) there has been a
conviction by a court of competent jurisdiction; and (b) all direct appeal
rights have been exhausted or waived; or (c) the appeal period has lapsed.
However, no officer, employee or law enforcement agency
of the City and County of San Francisco shall stop, question, arrest or detain
any individual solely because of the individual's national origin or immigration
status. In addition, in deciding whether to report an individual to the INS
under the circumstances described in this Section, an officer, employee or
law enforcement agency of the City and County of San Francisco shall not
discriminate among individuals on the basis of their ability to speak English
or perceived or actual national origin.
This Section shall not apply in cases where an individual
is arrested and/or convicted for failing to obey a lawful order of a police
officer during a public assembly or for failing to disperse after a police
officer has declared an assembly to be unlawful and has ordered dispersal.
Nothing herein shall be construed or implemented so as
to discourage any person, regardless of immigration status, from reporting
criminal activity to law enforcement agencies. (Added by Ord. 282-92, App.
9/4/92; amended by Ord. 238-93, App. 8/4/93)
SEC. 12H.3. CLERK OF BOARD TO TRANSMIT COPIES OF THIS CHAPTER; INFORMING
CITY EMPLOYEES.
The Clerk of the Board of Supervisors shall send copies
of this Chapter, including any future amendments thereto that may be made,
to every department, agency and commission of the City and County of San
Francisco, to California's United States Senators, and to the California
Congressional delegation, the Commissioner of the INS, the United States
Attorney General, and the Secretary of State and the President of the United
States. Each appointing officer of the City and County of San Francisco shall
inform all employees under her or his jurisdiction of the prohibitions in
this ordinance, the duty of all of her or his employees to comply with the
prohibitions in this ordinance, and that employees who fail to comply with
the prohibitions of the ordinance shall be subject to appropriate disciplinary
action. Each city and county employee shall be given a written directive
with instructions for implementing the provisions of this Chapter. (Added
by Ord. 375-89, App. 10/24/89)
SEC. 12H.4. ENFORCEMENT.
The Human Rights Commission shall review the compliance
of the City and County departments, agencies, commissions and employees with
the mandates of this ordinance in particular instances in which there is
question of noncompliance or when a complaint alleging noncompliance has
been lodged. (Added by Ord. 375-89, App. 10/24/89)
SEC. 12H.5. CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE.
In undertaking the adoption and enforcement of this Chapter,
the City is assuming an undertaking only to promote the general welfare.
This Chapter is not intended to create any new rights for breach of which
the City is liable in money damages to any person who claims that such breach
proximately caused injury. This section shall not be construed to limit or
proscribe any other existing rights or remedies possessed by such person.
(Added by Ord. 375-89, App. 10/24/89)
SEC. 12H.6. SEVERABILITY.
If any part of this ordinance, or the application thereof,
is held to be invalid, the remainder of this ordinance shall not be affected
thereby, and this ordinance shall otherwise continue in full force and effect.
To this end, the provisions of this ordinance, and each of them, are severable.
(Added by Ord. 375-89, App. 10/24/89)
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