6b. Resolution No. 3747: Welcoming Port Policy
2 RESOLUTION NO. 3747 3 4 A RESOLUTION of the Port of Seattle Commission establishing a Welcoming Port 5 Policy Directive on increased engagement with, and 6 support for, immigrant and refugee communities. 7 8 WHEREAS, as both an international gateway and a county-wide special purpose 9 government, the Port of Seattle is committed to supporting the safety, inclusion, and 10 engagement of all members of our community; and 11 12 WHEREAS, we strive to protect the rights of, and uphold equity for, every King County 13 residents and every person who uses our facilities, and to provide fair and equal access to 14 services, benefits and opportunities; and 15 16 WHEREAS, these principles hold especially true for immigrants, refugees, and 17 international visitors; and 18 19 WHEREAS, the Port has an essential obligation to foster a culture and environment 20 that make it possible for our region to remain a vibrant and welcoming global gateway where 21 our immigrant communities, refugee residents, and foreign visitors can fully participate in - 22 and be integrated into -the social, civic, and economic fabric of our region; and 23 24 WHEREAS, the last year and a half has brought immigrant and refugee issues to the 25 forefront in an unexpected and unwelcoming manner, such that we not only fear for the 26 safety and comfort of our foreign visitors and residents, but also are concerned that recent 27 rhetoric and policies might reduce the foreign tourism that is so essential to our local and 28 state economy; and 29 30 WHEREAS, since President Trump's Executive Order banning travel from seven Muslim- 31 majority countries was put into effect on January 27, 2017, the Port of Seattle has been 32 increasing its local and national efforts to support and protect the rights and quality of life of 33 immigrants, refugees and foreign visitors; and 34 35 WHEREAS, the Port of Seattle has a strong relationship with our federal partners - 36 including the many Department of Homeland Security (DHS) personnel - from Customs and 37 Border Protection (CBP) to the Transportation Security Administration (TSA) - who help 38 operate our facilities and keep them safe; and 39 40 WHEREAS, we believe deeply that the Port can be safe, secure, and comply with all 41 federal law, while simultaneously being welcoming, accessible to all, and supportive of those 42 immigrants, refugees, and foreign visitors who use our facilities; and 43 Resolution 3747, Welcoming Port Policy Directive Page 1 of9 44 WHEREAS, this policy directive is a logical next step in this work, and our efforts are 45 complementary to the leadership that jurisdictions like King County, the City of Seattle, and the 46 State of Washington have already taken; 47 48 NOW, THEREFORE, BE IT RESOLVED by the Port of Seattle Commission as follows: 49 50 SECTION 1. The Welcoming Port Policy Directive as shown in the attached Exhibit A is hereby 51 established in accordance with the following five goals: 52 53 (a) Beyond what is required by local, state, and federal law, the Port will not deny anyone 54 services based on immigration status - whether they are travelers, job seekers, local 55 residents, or employees of the Port, its tenants, its vendors, or its contractors. 56 57 (b) Beyond what is required by local, state, and federal law, the Port will prohibit any Port 58 employees, including law enforcement officers, from asking about place of birth, 59 citizenship or immigration status or collecting information on place of birth, citizenship 60 or immigration status. 61 62 (c) Beyond what is required by local, state, and federal law, the Port will not use its own 63 resources to facilitate the enforcement of civil immigration law. 64 65 (d) The Port will strive to make all visitors to its facilities to feel welcome, safe, and able to 66 access services, benefits, and opportunities. 67 68 (e) The Port remains committed to engaging and collaborating with local immigrant and 69 refugee community stakeholders and advocates and with community-based 70 organizations, and to continue identifying new or expanded opportunities for effective 71 partnerships. 72 73 SECTION 2. The Policy Directive contained in Exhibit A and attached to this resolution shall be 74 labeled and catalogued as appropriate, together with other Commission Policy Directives, and 75 shall be made readily available for use by Port staff and members of the public as a governance 76 document of the Port of Seattle. 77 Resolution 3747, Welcoming Port Policy Directive Page 2 of9 138 the identification or apprehension of a person or persons in order to investigate them for a 139 violation ofthe immigration laws and subject them to one or more of the following: 140 1. Civil immigration detention; 141 2. Removal proceedings; or 142 3. Removal from the United States. 143 144 "Immigration detainer" means a request by ICE to a federal, state, or local law enforcement 145 agency, such as the King County department of adult and juvenile detention, to provide notice 146 of release or maintain custody of a person based on an alleged violation of a civil immigration 147 law. "Immigration detainer" includes a detainer issued under Sections 236 or 287 of the 148 Immigration and Nationality Act or 287.7 or 236.1 of Title 8 of the Code of Federal Regulations. 149 "Immigration detainer" includes a detainer issued under DHS form l-274A entitled Immigration 150 Detainer- Notice of Action, as well as predecessor and successor versions. 151 152 "Interpretation" means the transfer of an oral communication from one language to another. 153 154 "Limited-English-proficient" means a person who does not speak English as the person's 155 primary language, who has a limited ability to read, speak, write, or understand English. 156 157 "Personal information" means one or more of the following, when the information is linked 158 with or is reasonably linkable, including via analytic technology, to the person's first name or 159 first initial and last name: 1) Home address; 2) Work address; 3) Telephone number; 4) 160 Electronic mail address; 5) Social media handle or other identifying social media information; 6) 161 Any other means of contacting a person; 7) Social security number; 8) Driver's license number 162 or Washington identification card number; 9) Bank account number or credit or debit card 163 number; 10) Information or data collected through the use or operation of an automated 164 license plate recognition system; and 11) User name that, in combination with a password or - 165 security question and answer, would permit access to an online account. 166 167 "Translation" means the transfer of a written communication from one language to another 168 while preserving theintent and essential meaning of the original text. 169 170 SECTION 3. Scope and Applicability. 171 172 A. This policy directive pertains to activities of Port of Seattle employees. Nothing in this 173 directive shall be interpreted to prohibit Port employees from engaging productively 174 with our federal partners in the normal course of Port-related business, including 175 participating in cross-designation or task-force activities with local or federal law 176 enforcement authorities for criminal law enforcement. 177 178 B. This policy directive is intended to be consistent with federal laws regarding 179 communications between local jurisdictions and federal immigration authorities, 180 including but not limited to United States Code Title 8, Section 1373. 181 182 Resolution 3747, Welcoming Port Policy Directive Page 5 of9 183 SECTION 4. Responsibilities. 184 185 A. The Executive Director shall cause the policies and procedures in use by employees of 186 the Port of Seattle to be made consistent with the principles of this policy directive and 187 to promulgate such additional policies and procedures as may be needed to 188 operationalize the intent of this policy directive. 189 190 B. The Executive Director shall ensure that Port employees are appropriately informed and 191 trained on the provisions of these policies on a regular basis to ensure compliance with 192 both the substance and intention of this document. 193 194 SECTION 5. Policy. 195 196 A. Unless required by local, state, or federal law, or international treaty, all applications, 197 questionnaires, and interview forms used in relation to the provision of Port 198 opportunities or services shall not include required disclosure of information related to 199 place of birth, citizenship or immigration status. Unless otherwise required, the Port 200 shall only collect this data in a manner that separates it from personally identifying 201 information. 202 203 B. To ensure that everyone who engages with the Port feels welcome, the Port will strive 204 to provide free interpretation and translation services for the most prevalent languages 205 spoken in our region, based on an annual review of the top six languages identified by 206 the King County demographer. When a limited-English-proficient (LEP) person who 207 speaks one of those six languages seeks or receives services, the Port shall make 208 reasonable efforts to provide prompt interpretation services in all interactions with the 209 person, whether the interaction is done remotely or in person. In addition, the Port will 210 continue to meet all Federal Aviation Administration (FAA) and other federal 211 requirements that ensure that LEP individuals have meaningful access to our services. 212 Where an application or form administered by the Port requires completion in English 2f3 by a limited-English-proficient person, the Port shall make reasonable efforts to provide 214 oral interpretation of the application or form, as well as acknowledgment by the 215 limited-English-proficient person that the form was translated and completed by an 216 interpreter. The Port shall develop language assistance plans that identify which of its 217 vital documents and public communication materials need to be translated. The plans 218 should also include identification of plans for providing translation of webpages, 219 automated telephonic greetings, automated telephonic voice messages and 220 informational signage. 221 222 C. The Port will continue to ensure that all employees - including Port law enforcement 223 officers - are committed to welcoming and respectful treatment of immigrants, 224 refugees, and foreign visitors - including not initiating police action based solely on an 225 individual's place of birth, citizenship or immigration status, or using stops for minor 226 offenses or requests for voluntary information as a pretext for discovering a person's 227 immigration status. Furthermore, no Port employee shall expend time, money, or other 228 resources on facilitating the civil enforcement of federal immigration law or Resolution 3747, Welcoming Port Policy Directive Page 6 of9 229 participating in civil immigration enforcement operations, except where state or federal 230 law, regulation, or court order shall so require. 231 232 D. The Port will continue to defer detainer requests from ICE or CBP to King County, as jails 233 are in King County's jurisdiction. Similarly, the Port will not enter into any contract, 234 agreement, or arrangement that would grant federal civil immigration enforcement 235 authority or powers to the Port or its law enforcement officers; provide federal 236 immigration agents with access to databases without a judicial warrant; carry out a civil 237 arrest based on an administrative warrant separately or in combination with an ICE or 238 CBP detainer request; or provide personal information to federal immigration 239 authorities for purposes of civil immigration enforcement, absent a warrant signed by a 240 judge or a law requiring disclosure, except as required by state or federal law. When 241 individuals are detained at our facilities or being transported through our facilities, the 242 Port will continue to share its expectations that these individuals have full access to 243 their legal rights and are receiving appropriate treatment. 244 245 E. The Port will work in collaboration with local refugee resettlement organizations such 246 as World Relief, Jewish Family Services, International Rescue Committee, and others to 247 identify ways to increase the ease, and decrease the cost, of welcoming newly arriving 248 refugees through Sea-Tac Airport. 249 250 F. The Port will join the Seattle-based advocacy organization One America in participating 251 in the "Red, White and Blue - Time for Citizenship" initiative by posting signage at 252 strategic places throughout Sea-Tac Airport encouraging eligible lawful permanent 253 residents to apply for U.S. citizenship, and by hosting an on-site citizenship clinic for 254 airport employees and local residents who are lawful permanent residents to gain legal 255 and administrative support in applying for citizenship. As appropriate, the Port should 256 consider expanding these clinics to provide access to other services for immigrant and 257 refugee populations. The Port shall also explore other ways to use its facilities to 258 support immigrant and refugee communities, such as when we provided office space 259 for immigration lawyers during the peak ofthe "travel ban" activity. 260 261 G. The Port will continue to explore ways to cooperate with local jurisdictions, nonprofit 262 organizations and others to support local immigrant and refugee communities, 263 including potential partnerships on workforce development and economic 264 development. 265 266 SECTION 6. Program Evaluation. 267 268 A. By December 31, 2018, the Executive Director shall report to the commission on the 269 successful implementation ofthese policies, procedures, and programs. 270 271 B. Annually, the Executive Director shall empower key staff to conduct a review of Port 272 actions to ensure that staff continue to comply fully with this directive. 273 274 SECTION 7. Fiscal Implications. Resolution 3747, Welcoming Port Policy Directive Page 7 of9 275 276 A. Fiscal implications of this policy directive will be reviewed by the Executive Director 277 annually, at a minimum, to determine if additional funding or resources are required to 278 implement the policy directive. Funding proposals shall be included in annual budget 279 requests as appropriate. 280 281 SECTION 8. Findings. 282 283 A. Engaging with people from around the world is essential to the success of the Port of 284 Seattle - both morally and economically: 285 (1) We benefit from international travelers who use our airport and cruise terminals. 286 (2) We thrive when global consumers purchase goods that are shipped through our 287 container terminals or our air cargo facilities. 288 (3) We celebrate the $540 million in seafood exports sent through the Northwest 289 Seaport Alliance, caught by the thousands of North Pacific fishing boats that 290 homeport at Fishermen's Terminal. 291 (4) We know that immigrants are key to the creation of so many Washington goods 292 and services - from Eastern Washington agricultural products that we ship via the 293 seaport and airport to technology companies and global health organizations that 294 utilize our airport to connect with customers, clients, and partners. 295 (5) We welcome the thousands of immigrants who work at the Port itself, and those 296 who work for other companies and at or around our facilities such as 297 concessionaires, taxi, and rideshare drivers serving our airport and cruise terminals, 298 truck drivers at the seaport, and the crews of cruise ships and container ships. We 299 encourage their participation in the family-wage jobs that the Port helps create. 300 (6) We rely on our immigrant and refugee residents to foster both economic growth 301 and cultural vibrancy, and we benefit tremendously from the large number of 302 diverse immigrants and refugees who contribute to the development of a diverse 303 and enriched community. 304 305 B. As a global gateway, these issues are particularly relevant to our region and state. For 306 example, nearly one in five Seattle residents is foreign born and 129 languages are 307 spoken in the Seattle Public Schools. The Seattle Metro area is among the 20 U.S. 308 metropolitan areas with the largest populations of undocumented immigrants, and 309 thousands of undocumented youth in Washington are in the Deferred Action for th 310 Childhood Arrivals (DACA) program. Washington is the 8 largest refugee receiving 311 state, and a majority of the estimated 3,000 new arrivals each year are resettled in King 312 County. 313 314 C. In November 2016, Seattle Mayor Ed Murray signed an Executive Order reaffirming 315 Seattle as a Welcoming City. The order stated that City employees will not ask about the 316 immigration status of residents and all City services will be available to all residents, and Resolution 3747, Welcoming Port Policy Directive Page 8 of9 317 it creates an Inclusive and Equitable City Cabinet to coordinate City efforts to protect 318 the civil liberties and civil rights of Seattle residents. 319 320 D. In January 2017, the Seattle City Council passed a unanimous resolution affirming the 321 City's commitment as a welcoming city. 322 323 E. In February 2017, Washington State Governor Jay lnslee signed an executive order 324 affirming and clarifying Washington state's policies for state agencies who provide 325 services to immigrant Washingtonians. 326 327 F. In April 2017, the Washington State Attorney General released formal guidance to 328 answer questions local agencies - including libraries, law enforcement agencies, 329 hospitals, and schools - may have about the impacts of changes to immigration laws 330 and their discretion regarding participation in federal immigration enforcement. 331 332 G. Also in April 2017, King County, City of Seattle, and the Seattle Foundation announced a 333 combined $2.25 million in emergency funding for critical services for immigrants, 334 refugees, and other residents whose health, safety, and human rights are at risk. 335 Specifically, they created an immigrants' Legal Defense Fund, a Resilience Fund to help 336 nonprofit organizations expand successful programs that are already helping people in 337 the immigrant and refugee community, and a Resource and Information Hub so that 338 everyone in King County - including those who want to support immigrants and 339 refugees - knows where to go for resources, alerts, and opportunities. 340 341 H. In February 2018, building on guidelines approved by the Metropolitan King County 342 Council in 2017, King County adopted immigration legislation that prevents the use of 343 County funds and resources on federal immigration enforcement and outlines the steps 344 the County will use to protect immigrants and refugees who seek services from the 345 County or are victims/witnesses of crime, while still adhering to federal law. Resolution 3747, Welcoming Port Policy Directive Page 9 of 9 93 EXHIBIT A to Resolution 3747 94 95 WELCOMING PORT POLICY DIRECTIVE 96 As proposed May 8, 2018 97 98 SECTION 1. Purpose. 99 100 A. The purpose of this policy directive is to reaffirm the Port of Seattle's commitment to 101 the safety, inclusion, and engagement of immigrants, refugees, and international 102 visitors who interact with our facilities or services. The Port has an essential obligation 103 to foster a culture and environment that make it possible for our region to remain a 104 vibrant and welcoming global gateway where our immigrant communities, refugee 105 residents, and foreign visitors can fully participate in and be integrated into the social, 106 civic, and economic fabric of our region . 107 108 B. Nothing in this policy directive should be construed as an intent to alter the 109 operational partnerships we have with our federal partners - including the many 110 Department of Homeland Security personnel like Customs and Border Protection and 111 the Transportation Security Administration who help our facilities function efficiently 112 and keep them safe - or to impede the work of those personnel at our facilities. 113 However, we strongly believe that the Port can be safe, secure, and comply with all 114 federal law, while simultaneously being welcoming, accessible to all, and supportive of 115 those immigrants, refugees, and foreign visitors who use our facilities. 116 117 SECTION 2. Definitions. 118 I 19 When used in this policy directive, the following words and phrases shall have the meanings 120 given below unless the context clearly indicates otherwise: 121 122. "Administrative warrant" means a noncriminal imr:nigration warrant of arrest, order to detain 123 or release aliens, notice of custody determination, notice to appear, removal order, warrant of 124 removal, or any other document, issued by Immigration and Customs Enforcement (ICE), CBP, 125 or U.S. Citizenship and Immigration Services (USCIS) that can form the basis for a person's 126 arrest or detention for a civil immigration enforcement purpose. ICE administrative warrant 127 forms include the U.S. DHS form 1-200 (Rev. 09/16) "Warrant for Arrest of Alien" and Form 1- 128 205 "Warrant Of Removal/Deportation," as well as predecessor and successor versions. 129 "Administrative warrant" does not include any criminal warrants issued upon a judicial 130 determination of probable cause and in compliance with the Fourth Amendment to the United 131 States Constitution. 132 133 "Citizenship or immigration status" means a person's recorded citizenship or immigration 134 status, as such status is defined in the Immigration and Nationality Act, at the time an agent or 135 agency receives the information. 136 137 "Civil immigration enforcement operation" means an operation that has as one of its objectives Resolution 3747, Welcoming Port Policy Directive Page 4 of9 78 ADOPTED by the Port of Seattle Commission at a duly noticed public meeting thereof, 79 held this 22nd day of May, 2018, and duly authenticated in open session by the signatures of 80 the commissioners voting in favor thereof and the seal ofthe commission. 81 82 RYAN CALKINS 83 84 85 86 87 88 89 FRED FELLEMAN 90 91 -+-+-----=-::------ PETER STEINBRUECK 92 Resolution 3747, Welcoming Port Policy Directive Page 3 of9
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