Kwanza Hall Photo: ww1pictures.zimbio.com

The below sanctuary Resolution was passed by the Atlanta City Council on September 5, 2017

A SANCTUARY CITY RESOLUTION BY ATLANTA COUNCILMEMBER KWANZA HALL

A RESOLUTION OF THE ATLANTA CITY COUNCIL TO STRENGTHEN THE CITY’S COMMITMENT TO BEING A WELCOMING CITY, TO SUPPORT RECIPIENTS OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA), TO PROTECT OUR IMMIGRANT COMMUNITIES AND TO UPHOLD THE 4TH AND 14TH AMENDMENTS OF THE CONSTITUTION.

WHEREAS, In June of 2012 President Obama ordered the Deferred Action For Childhood Arrivals (DACA)to protect and create opportunities for immigrants who came to the country as children; and

WHEREAS, the end of DACA will result in over 800,000 people nationally and 28,000 in Georgia, many of whom are immigrant youth, becoming vulnerable to aggressive raids, deadly detention centers and life-altering deportations that already affect immigrants not benefiting from the program.

WHEREAS, DACA recipients, who were brought to the US as minor children, have grown up in Georgia, are working and attending school, and are fulfilling critical roles in our economy and communities; and

WHEREAS, while DACA can never take the place of comprehensive immigration reform, it provides an important stop-gap measure for supporting a rising generation of diverse young people who love this country and are faithfully working to improve it; and

WHEREAS, on October 22nd, 2013 the City of Atlanta became a Welcoming City, a national grassroots effort that works to promote mutual respect and cooperation between foreign-born and native-born Americans, and has worked since then to identify opportunities to engage Atlanta’s global immigrant communities and further immigrants’ role in building our local economy; and

WHEREAS, the City of Atlanta is not a 287g contracted entity and is not responsible for federal immigration affairs within the city limits; and

WHEREAS, the United States Constitution and the 4th Amendment protects “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized:” and

WHEREAS, the United States Constitution and the 14th Amendment ensures that no state shall “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws;” and

WHEREAS, the City of Atlanta is a member of the national Cities for Action coalition which holds the mission to create stronger and safer cities by driving the national debate, embracing new immigrants, and engaging with stakeholders to win on immigration policies.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATLANTA, GA that the rescinding of the Deferred Action for Childhood Arrivals (DACA) program is opposed and Atlanta’s commitment to the protection of all people’s civil and human rights is affirmed;

BE IT FURTHER RESOLVED that the Atlanta Police Department shall not detain or extend the detention of any individual at the request of U.S. Immigration and Customs Enforcement (ICE) unless ICE first presents the Atlanta Police Department with a judicially issued warrant authorizing such detention.

BE IT FURTHER RESOLVED that, in particular, Atlanta Police Department officials shall not arrest, detain, extend the detention of, transfer custody of, or transport anyone solely on the basis of an immigration detainer or an administrative immigration warrant, including an administrative immigration warrant in the National Crime Information Center (NCIC) database.

BE IT FURTHER RESOLVED that at no time may the Atlanta Police Department detain a subject for additional time beyond when the criminal matter allows release solely to notify ICE of the subject’s release or to facilitate transfer to ICE.

BE IT FURTHER RESOLVED that the Atlanta Police Department shall not treat a detainer or request for notification as an indication that an individual is unlawfully present.

BE IT FURTHER RESOLVED that prior to any investigative interview of an individual in Atlanta Police Department’s custody, ICE must notify the subject inmate’s attorney, provide a reasonable opportunity for counsel to be present during the interview, and certify to the Atlanta Police Department that this notice and opportunity has occurred.

BE IT FURTHER RESOLVED that any person who alleges a violation of this policy may file a written complaint for investigation with the Atlanta Police Department and with the internal complaints division of the Atlanta Police Department.

BE IT FURTHER RESOLVED that the Municipal Clerk shall transmit a copy of this resolution to the members of the Georgia Congressional delegation.

BE IT FINALLY RESOLVED that this resolution is effective immediately upon approval.