2
3
RESOLUTION
NO. 3747
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
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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
Resolution 3747, Welcoming Port Policy Directive
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138 the identification
or
apprehension
of
a person
or
persons
in
order
to
investigate them
for
a
139 violation
of
the 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 the·
intent
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
Resolution 3747, Welcoming Port Policy Directive
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229
230
231
participating in civil immigration enforcement operations, except where state
or
federal
law, regulation,
or
court order shall
so
require.
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
of
the
"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
of
these 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
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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
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
container terminals
or
our
air cargo facilities.
(3) We celebrate
the
$540
million in seafood exports sent through
the
Northwest
Seaport Alliance, caught by
the
thousands
of
North Pacific fishing boats
that
homeport
at Fishermen's Terminal.
(4) We
know
that
immigrants are key
to
the
creation
of
so
many Washington goods
and services -
from
Eastern Washington agricultural products
that
we ship via
the
seaport and airport
to
technology companies and global health organizations
that
utilize
our
airport
to
connect
with
customers, clients, and partners.
(5)
We welcome the thousands
of
immigrants who work at
the
Port itself, and those
who
work
for
other
companies and at
or
around our facilities such
as
concessionaires, taxi, and rideshare drivers serving our airport and cruise terminals,
truck drivers at
the
seaport, and
the
crews
of
cruise ships and container ships. We
encourage their participation in the family-wage jobs
that
the Port helps create.
(6) We rely on
our
immigrant and refugee residents
to
foster both economic growth
and cultural vibrancy, and we benefit tremendously
from
the large
number
of
diverse immigrants and refugees
who
contribute
to
the
development
of
a diverse
and enriched community.
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
310
Childhood Arrivals
(DACA)
program. Washington
is
the
8
th
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
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317
318
319
it
creates
an
Inclusive
and
Equitable City Cabinet
to
coordinate City efforts
to
protect
the civil liberties
and
civil rights
of
Seattle residents.
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
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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
Resolution 3747, Welcoming Port Policy Directive
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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
of
the
commission.
81
82
83
84
85
86
87
88
89
90
91
92
RYAN
CALKINS
FRED
FELLEMAN
-+-+-----=
-::------
PETER
STEINBRUECK
Resolution 3747, Welcoming Port Policy Directive
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