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

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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





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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

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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

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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.

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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

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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.








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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

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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













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