Pinole Municipal Code Ch. 2.68 Use of City-Owned or City-Controlled Property for Civil Immigration…

The purpose of this chapter is to protect public safety, promote community trust, and ensure that city-owned or city-controlled property is not voluntarily used to support federal civil immigration enforcement activities except when mandated by a valid judicial warrant or court order.

(Ord. 2025-06 § 2 (part), 2025)

For purposes of this chapter:

A. CITY PROPERTY OR CITY-OWNED or CITY-CONTROLLED PROPERTY. Any real or personal property, land, building, facility, structure, vehicle, equipment, or space owned, leased, operated, or controlled by the City of Pinole.

B. CIVIL IMMIGRATION ENFORCEMENT. Any investigation, detention, arrest, surveillance, monitoring, questioning, information-gathering, or operational activity undertaken for the primary purpose of enforcing federal civil immigration laws, including actions by U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP).

C. JUDICIAL WARRANT OR COURT ORDER. A warrant or order issued by a federal or state judge or magistrate based on probable cause and legally sufficient to compel compliance by the city.

D. SURVEILLANCE. Observing, recording, monitoring, or collecting information about individuals for civil immigration enforcement purposes, including through cameras, license plate readers, drones, or other technologies.

(Ord. 2025-06 § 2 (part), 2025)

Unless required by a valid judicial warrant or court order, no department, employee, official, contractor, or agent of the city shall knowingly permit city-owned or city-controlled property to be used for staging civil immigration enforcement operations; processing, interviewing, or temporarily detaining individuals for civil immigration purposes; surveillance or monitoring activities related to civil immigration enforcement; or as operations bases, coordination points, or logistical hubs for civil immigration enforcement actions.

(Ord. 2025-06 § 2 (part), 2025)

Nothing in this chapter prohibits federal officers or employees from entering areas of city property generally open to the public. Nothing in this chapter prevents the city or any city employee from complying with a valid judicial warrant or court order. Nothing in this chapter restricts criminal law enforcement activities where civil immigration enforcement is not the primary purpose.

(Ord. 2025-06 § 2 (part), 2025)

The city manager, in consultation with the city attorney, shall develop administrative procedures to implement this chapter. City departments shall receive training, as appropriate, regarding the requirements of this chapter.

(Ord. 2025-06 § 2 (part), 2025)

This chapter does not create or form the basis of liability on the part of the city or any city department, agency, official, or employee, nor does it create a private right of action against the city or any city personnel. This chapter shall be implemented through existing administrative policies and procedures governing city operations. The city manager may establish additional rules or regulations necessary to carry out the provisions of this chapter.

(Ord. 2025-06 § 2 (part), 2025)