File #: 15-0405    Version: 1 Name:
Type: Agendas Status: Passed
File created: 12/31/2015 In control: Board of Aldermen
On agenda: 1/12/2016 Final action: 1/12/2016
Title: Resolution Regarding Session Law 2015-294 PURPOSE: The purpose of this item is for the Board to review and adopt a resolution clarifying the Town of Carrboro's intention to interpret and apply Town policies regarding immigration documentation and law enforcement consistent with State law.
Attachments: 1. Attachment A: A RESOLUTION CONFIRMING AND CLARIFYING TOWN OF CARRBORO POLICE.pdf
TITLE: Title
Resolution Regarding Session Law 2015-294

PURPOSE: The purpose of this item is for the Board to review and adopt a resolution clarifying the Town of Carrboro's intention to interpret and apply Town policies regarding immigration documentation and law enforcement consistent with State law.


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DEPARTMENT: Police Department

CONTACT INFORMATION: Walter Horton, Chief of Police, 919-918-7397

INFORMATION: In 2002 the Town of Carrboro Board of Aldermen adopted a "Resolution Calling for the Acceptance of the Identification Card Issued by the Mexican Consulate (Matricula Consular)" (Resolution 187/2001-02) urging and encouraging the acceptance of such identification cards for various government and law enforcement purposes. In 2006, the Town of Carrboro Board of Aldermen adopted "A Resolution Establishing a Policy that the Carrboro Police Department Will Not Seek to Arrest Persons When the Sole Basis for Arresting Such Persons Is That Such Persons Have or May have Committed a Civil Immigration Violation" (Resolution 123/2005-06).

In late September 2015 the State Legislature ratified House Bill 318, now Session Law 2015-294. Section 11 of the session law includes language repealing any local government policy contradicting General Statutes 15A-306 regarding which consulate documents are acceptable forms of identification; matricula consular are expressly stated to be unacceptable forms of identification. Section 15. (b) of the session law amended General Statutes 160A-499.4 to prohibit the adoption of "sanctuary ordinances". This section prohibits local government policies (a) which limit the enforcement of federal immigration laws and (b) prohibit local law enforcement personnel from gathering information regarding citizenship or immigration status, or communicating that information to federal law enforcement agencies.

The proposed Resolution (attached) simply states the Town of Carrboro's intent to comply with ...

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