Chapter 3.18


3.18.010    Findings.

3.18.020    General prohibition on inquiring into immigration status.

3.18.030    General prohibition on collecting information regarding religious affiliation.

3.18.010 Findings.

(a)    The city of Kirkland is a noncharter code city organized under Chapter 35A RCW and Article 11, Section 10 of the Washington Constitution. Under its police powers, the city may exercise any power and perform any function, unless preempted by state or federal law, relating to its government and affairs, including the power to regulate for the protection and rights of its inhabitants. To this end, the city is dedicated to providing all of its residents and other individuals in the city of Kirkland with fair and equal access to services, opportunities and legal protections.

(b)    The enforcement of civil immigration laws has historically been a federal government responsibility through the Immigration and Naturalization Service. Since 2002, matters of immigration law have been handled by the Office of Immigration and Customs Enforcement, a branch of the Department of Homeland Security. Requiring local law enforcement agencies, which are not specifically equipped or trained, to enforce civil immigration laws would force local governments to expend their limited resources to perform traditional federal functions.

(c)    A goal of this chapter is to foster trust and cooperation between city personnel and law enforcement officials and immigrant communities to improve crime prevention and public safety.

(d)    A further goal of this chapter is to promote the public health and welfare of all city of Kirkland residents and other users of city services, including but not limited to police and fire services.

(e)    This chapter is intended to be consistent with federal laws regarding communications between local jurisdictions and federal immigration authorities, including but not limited to United States Code Title 8, Section 1373. (Ord. 4558 § 1 (part), 2017)

3.18.020 General prohibition on inquiring into immigration status.

Except as provided in this section or when otherwise required by law, a city office, department, employee, agency or agent shall not condition the provision of city services on the citizenship or immigration status of any individual.

(1)    Nothing in the chapter shall be construed to prohibit any city officer or employee from participating in cross-designation or task force activities with federal law enforcement authorities.

(2)    City personnel shall not request specific documents relating to a person’s civil immigration status for the sole purpose of determining whether the individual has violated federal civil immigration laws. Such documents include but are not limited to: passports; alien registration cards; or work permits.

(3)    City personnel may use documents relating to a person’s civil immigration status if the documents are offered voluntarily by the person in response to a general request.

(4)    City personnel shall not initiate any inquiry or enforcement action based solely on a person’s:

(A)    Civil immigration status;

(B)    Race;

(C)    Inability to speak English; or

(D)    Inability to understand city personnel or its officers.

(5)    Except to the extent otherwise required by law, where the city accepts presentation of a state-issued driver’s license or identification card as adequate evidence of identity, presentation of a photo identity document issued by the person’s nation of origin, such as a driver’s license, passport or matricula consular, shall be accepted and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided a Washington state driver’s license or identification card. However, a request for translation of such a document to English shall not be deemed a violation of any provision of this subsection. This subsection does not apply to documentation required to complete a federal I-9 employment eligibility verification form.

(6)    This section does not create or form the basis for liability on the part of the city, its officers, employees or agents.

(7)    Unless permitted by this chapter or otherwise required by state or federal law or international treaty, all applications, questionnaires and interview forms used in relation to the provision of city benefits, opportunities or services shall be promptly reviewed by relevant city personnel, and any question requiring disclosure of information related to citizenship or immigration status shall be, in such city personnel’s best judgment, either deleted in its entirety or revised such that the disclosure is no longer required. (Ord. 4558 § 1 (part), 2017)

3.18.030 General prohibition on collecting information regarding religious affiliation.

(a)    Except to the extent otherwise required by law, no city officer or employee, including any agent or contracted agent, may either collect information or establish or otherwise utilize a registry, database or other compilation classifying persons on the basis of their religious affiliation or conduct any study related to the collection of such information or the establishment or utilization of such a registry, database, or other compilation.

(b)    Nothing in this section may be construed as prohibiting the collection of information that is voluntarily or anonymously provided, including relating to the decennial census. (Ord. 4558 § 1 (part), 2017)