The URL can be used to link to this page

Home My WebLink About2026-02-25 25-095 Ordinance26-095 02-23-2029 CITY COUNCIL ACTION Council Meeting Date: February 23, 2026 Item No: 26-095 Responsible Dept: City Councilor Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending the Code of the City of Bangor to Establish Chapter 46, "Employee Authority in Immigration Matters" Summary This Ordinance establishes clear limits on the City of Bangor's involvement in federal immigration enforcement, consistent with federal and state law, in order to prioritize public safety, community trust, and the responsible use of municipal resources. The ordinance makes explicit that Bangor does not operate its departments, programs, or public safety services for the purpose of enforcing federal civil immigration laws. It affirms that City employees will continue to comply with all valid federal and state laws, judicial warrants, subpoenas, and court orders, and will continue to cooperate fully in the investigation and prosecution of criminal activity. What this ordinance does is draw a firm line between local public safety responsibilities and federal civil immigration enforcement. The ordinance is grounded in a public safety rationale. When residents are afraid that routine interactions with local government could expose them or their family members to immigration enforcement, they are less likely to report crimes, seek emergency assistance, cooperate with investigations, or access basic City services. This ordinance is intended to preserve trust between the City and the people it serves, which is essential to effective policing, emergency response, and community well-being. Furthermore, this policy ensures that Bangor's limited tax dollars are reserved for local safety priorities rather than being diverted to unfunded federal enforcement mandates. This ordinance affirms that Bangor's role is to keep its residents safe, uphold the law, and ensure transparency and accountability in the use of public resources —not to serve as an extension of federal civil immigration enforcement. Committee Action Committee: Government Operations Action: Staff Comments & Approvals 77�a_City Manager Introduced for: First Reading & Referral Meeting Date: March 2, 2026 For: City Solicitor Against: //� A 4,-& Finance Director 26-095 02-23-2029 CITY COUNCIL ORDINANCE Date: February 23, 2026 Assigned to Councilor: Beck ORDINANCE, Amending the Code of the City of Bangor to Establish Chapter 46, "Employee Authority in Immigration Matters." WHEREAS, the City of Bangor is committed to fostering a welcoming environment grounded in equal protection, equal treatment, and mutual trust for all residents, regardless of race, ethnicity, national origin, or immigration status; and WHEREAS, Bangor is home to residents of diverse backgrounds, including immigrants, refugees, asylum seekers, and mixed -status families, all of whom are integral to the City's social, cultural, and economic life; and WHEREAS, the City Council has a responsibility to ensure that all residents feel safe reporting crimes, seeking emergency assistance, cooperating with law enforcement, and accessing City services without fear of retaliation or collateral consequences unrelated to local public safety; and WHEREAS, local public safety is strengthened —not weakened —when municipal governments maintain clear boundaries between local law enforcement and federal civil immigration enforcement; and WHEREAS, when municipal employees are perceived as agents of federal immigration enforcement, community trust erodes, crimes go unreported, victims and witnesses disengage, and public safety outcomes deteriorate; and WHEREAS, the City Council finds it necessary and prudent to prioritize the use of Bangor's limited municipal resources for the advancement of local public safety, public health, emergency response, and community well- being, rather than the enforcement of federal civil immigration laws; and WHEREAS, the City further finds that involvement of City personnel in federal immigration enforcement would divert resources from these core municipal functions, undermine community trust, and discourage residents from seeking local assistance; and WHEREAS, formal agreements to deputize local employees for federal immigration enforcement, such as 287(g) agreements, often impose significant and disproportionate financial burdens on municipal budgets by diverting local taxpayer dollars toward personnel, training, and administrative costs that are not fully reimbursed by the federal government; and WHEREAS, federal immigration enforcement is a federal responsibility, and nothing in federal or Maine law requires municipalities to use local personnel, funds, facilities, data, or technology to enforce federal civil immigration laws; and 26-095 02-23-2029 WHEREAS, the City of Bangor possesses broad home -rule authority under the Maine Constitution and state law to determine how its personnel and resources are deployed in furtherance of legitimate municipal purposes; and WHEREAS, clarity regarding the authority and limitations of City employees reduces legal risk, prevents inconsistent practices, and ensures lawful, professional, and accountable conduct across all City departments; and WHEREAS, public safety and accountability are strengthened when government officials are clearly identifiable and transparent in their actions; and WHEREAS, the City finds it necessary to ensure that City -owned property, including buildings, parks, and parking facilities, is reserved for municipal functions in order to ensure these spaces remain open, safe, and accessible to all residents for their intended civic and recreational purposes; and WHEREAS, transparency and public accountability are essential to democratic governance, particularly when City public safety personnel interact or cooperate with federal law enforcement agencies; and WHEREAS, the City of Bangor remains fully committed to complying with all applicable federal and state laws, including the execution of judicial warrants, court orders, subpoenas, and the investigation and prosecution of criminal activity; and WHEREAS, establishing a clear, comprehensive, and enforceable municipal policy governing employee authority in immigration matters serves the best interests of the City, its residents, and its public servants; and WHEREAS, this ordinance is intended to strengthen public safety, preserve civil liberties, promote transparency, and ensure the responsible stewardship of public resources while respecting the rule of law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT The Code of the City of Bangor is hereby amended by the enactment of Chapter 46, "Employee Authority in Immigration Matters," as follows: Chapter 46: EMPLOYEE AUTHORITY IN IMMIGRATION MATTERS § 46-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ADMINISTRATIVE WARRANT — A non -judicial warrant or arrest document issued by a federal immigration authority, which has not been reviewed or signed by a judge or magistrate of a court of law. CITIZENSHIP OR IMMIGRATION STATUS — An individual's citizenship or immigration status, as such status is defined in federal law. CITY EMPLOYEE — Any individual working for the City of Bangor on a permanent or temporary basis, including volunteers, appointed members of boards, commissions, and committees, and those drawing an hourly wage or salary. 26-095 02-23-2029 CONTACT INFORMATION — Includes home address, work address, telephone number, electronic mail address, social media contact information, or any other means of contacting an individual. FEDERAL AGENCY — Means the United States Immigration and Customs Enforcement (ICE) agency, the United States Customs and Border Protection (CBP) agency, and any other federal agency or successor agency engaged in immigrant enforcement operations. IMMIGRATION ENFORCEMENT OPERATION — Any operation that has as its main objective the identification or apprehension of a person or persons: (1) in order to subject them to civil immigration detention, removal, or deportation proceedings; or (2) to criminally prosecute a person for offenses related to immigration status, including but not limited to violations of 8 U.S.C. §§ 1325, 1326, or 18 U.S.C. § 1546. JUDICIAL WARRANT — An order issued by a state or federal judge or magistrate that authorizes a specific law enforcement action. MUNICIPAL DEPARTMENT — Every City department, agency, division, commission, council, committee, board, other body, agent, or person established by charter, authority of an ordinance, executive order, or City Council order. NON-PUBLIC AREA — Area that the general public is not free to enter or access. This includes restricted access areas within buildings and spaces that are otherwise predominantly public, and periods of time during which otherwise public areas are closed for operation. PUBLIC AREA — Area that the general public is free to enter to access. This includes vestibules, lobbies or waiting rooms of buildings and spaces that are otherwise predominantly nonpublic. REQUIRED BY LAW — A mandate contained in a state/federal statute or a Judicial Warrant. This term specifically excludes Administrative Warrants, detainer requests, or informal requests. § 46-2. Purpose and policy statement. A. Purpose. This chapter clarifies the relationship between the City of Bangor and the federal government, including the United States Department of Homeland Security and its component agencies, with respect to the investigation, enforcement, or assistance in the enforcement of federal immigration laws. B. Policy. The City of Bangor cooperates with federal and state agencies as required by law, but the City does not operate its departments, programs, or services for the purpose of enforcing federal civil immigration laws or federal criminal immigration laws that penalize a person's presence in, entry into, reentry into, or employment in the United States, absent other criminal conduct. C. Exclusive regulation. This chapter constitutes the sole municipal regulation governing City involvement in federal immigration enforcement and supersedes any inconsistent policy, rule, or practice. § 46-3. General City services. A. Administration of services. (1) City employees shall perform their duties solely for the purpose of administering general City services and programs. Employees may complete employment eligibility verification forms (Form I-9) and comply with 26-095 02-23-2029 lawful federal audits or inspections of such forms as required by law. (2) City employees shall comply with properly issued judicial subpoenas or other compulsory legal process when required by law, including those related to immigration matters. (3) Employees may request proof of identity only when authorized and necessary for the performance of their duties. No person shall be subjected to greater scrutiny or different treatment based on immigration status or on the presentation of non-U.S. identity documents. B. Prohibition on use of City resources. Except as required by law, City employees, contractors, and representatives shall not use City funds, facilities, equipment, technology, data, or personnel for the purpose of detecting, detaining, apprehending, facilitating, or investigating individuals whose sole alleged violation of law is a civil immigration violation. This includes, but is not limited to, investigating or interrogating persons, providing logistical support, or sharing non-public information for federal immigration enforcement purposes. (1) Information Security. No City employee or department shall enter into any contractual agreement or arrangement with a federal agency to provide access to any database operated by a City department where the purpose of such access includes assisting or supporting immigration enforcement operations. (2) Contact Information. Unless presented with a valid and properly issued judicial warrant, no City employee or department shall provide contact information, custody status, or work address to a federal agency for the purpose of an immigration enforcement operation. C. Requesting information prohibited. No City employee or department shall request information from a person about their citizenship or immigration status, unless such inquiry or investigation is required by ordinance, court order, or state or federal law. D. Training. The City shall provide initial and ongoing training for employees regarding this chapter and related policies. Training shall include, at a minimum: (1) The requirements of this chapter; (2) The distinction between judicial warrants and administrative warrants; (3) The distinction between public and non-public City areas; (4) Procedures for responding to requests from federal immigration authorities; (5) Escalation protocols for urgent or complex situations; and (6) Supervisory responsibilities and available City resources. § 46-4. Access to City property. A. Restricted use of City property. No City employee or department shall grant any federal agency access to any City -owned facility or property for an immigration enforcement operation, unless required by law. B. Non-public areas. Non-public City spaces are not open for federal immigration enforcement activities absent a valid judicial warrant or other legal obligation. City employees are not authorized to consent to access to such spaces in lieu of a judicial warrant. C. Limitation of Scope. Nothing in this section shall be construed to interfere with compliance with existing contracts, court orders, judicial warrants, or the enforcement of criminal law, or to restrict rights guaranteed under state or federal law. 26-095 02-23-2029 § 46-5. Public safety services. A. Limitations. (1) Stops and Detentions. No City employee shall stop, arrest, detain, interrogate, or continue to detain a person for immigration enforcement operation purposes, including pursuant to an immigration detainer, an administrative immigration warrant, or suspicion that the person is not present legally in the United States. (2) Traffic Perimeters. No City public safety personnel shall establish traffic perimeters for the purpose of assisting or supporting a federal immigration enforcement operation. B. Prohibited agreements. The City shall not enter into any agreement, including under 8 U.S.C. § 1357(g), to deputize City employees to enforce federal immigration laws, nor any agreement to authorize the custodial transfer or detention of a person for immigration enforcement purposes, including Intergovernmental Service Agreements (IGSAs) or riders to such agreements. C. Permitted cooperation. Nothing in this chapter prohibits City public safety personnel from cooperating with federal authorities in the investigation of a serious crime such as human trafficking, sex trafficking, drug trafficking, or firearms trafficking. D. Access to Persons in Custody. Unless presented with a valid judicial warrant, public safety personnel shall not: (1) Permit ICE or CBP agents to access a person being detained by, or in the custody of, the City; (2) Transfer any person into ICE or CBP custody; (3) Permit ICE or CBP agents to use City facilities, information, or equipment (including electronic databases) for investigative interviews, other investigative purposes, or for purposes of executing an immigration enforcement operation; or (4) Expend time to respond to immigration -related ICE or CBP inquiries or communicate with ICE or CBP regarding a person's custody status, home address, work address, or other information. § 46-6. Complaints and enforcement. A. Complaints. Alleged violations of this chapter shall be subject to investigation and discipline in accordance with applicable collective bargaining agreements, civil service rules, and City policies. B. Immigration status. No complainant or witness shall be required to disclose immigration status as a condition of filing or participating in a complaint. C. Public reporting. The City Manager shall maintain a publicly accessible mechanism for reporting alleged violations and shall provide a summary report of all such complaints and their dispositions to the City Council annually. § 46-7. Compliance with federal and state law. A. General Compliance. Nothing in this chapter shall be construed to require any action prohibited by federal or state law or to prohibit compliance with 8 U.S.C. §§ 1373 and 1644, properly issued judicial subpoenas, or other legally binding obligations. 26-095 02-23-2029 B. Information Sharing. Nothing in this chapter shall be construed to prohibit or restrict any City employee from sending to or receiving from federal immigration authorities information regarding citizenship or immigration status as provided under 8 U.S.C. §§ 1373 and 1644, provided such provisions are applied consistent with the Tenth Amendment to the U.S. Constitution. However, this section constitutes a strict limitation on such information sharing: it allows for the exchange of citizenship or immigration status only, and does not authorize the disclosure of any other information, including but not limited to release dates, custody status, home addresses, work addresses, or contact information, unless otherwise required by law. C. Enforcement of State and Local Laws. Nothing in this chapter shall be construed to limit any City employee from enforcing state and local criminal laws, even if such enforcement takes place at the scene of federal immigration enforcement operations. § 46-8. No impact on private rights. Nothing in this chapter shall be construed to limit any individual's rights or remedies under existing law. § 46-9. Severability. In the event that any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the chapter shall not be invalidated. IN CITY COUNCIL FEBRUARY 25, 2026 COrd 26-095 Motion made and seconded to remove ordinance until the City Attorney completes his review Motion and second withdrawn. Motion made and seconded for Passage of Referrals to Committee and First Reading Vote: 8—0 Councilors Voting Yes: Beck, Carson, Faloon, Fish, Leonard, Mallar, Walker, Hawes Councilors Voting No: None Passed � �.� ,�..� � �� :,w�,�N � ��.� . � ��;�� ,, CITY CLERK IN CITY COUNCIL MARCH 9, 2026 COrd 26-095 Motion made and seconded to Postpone to the March 23, 2026 City Council Meeting Vote: 9 - 0 Councilors Voting Yes: Beck, Carson, Deane, Faloon, Fish, Leonard, Mallar,Walker, Hawes Councilors Voting No: None Passed to Postpone to the March 23, 2026 City Council Meeting � �.� ,�..� � �� :,w�,�N � ��.� . �.,� ��;�� ,, CITY CLERK IN CITY COUNCIL MARCH 23, 2026 COrd 26-095 Motion made and seconded to Postpone to the April 13, 2026 City Council Meeting Vote: 9 - 0 Councilors Voting Yes: Beck, Carson, Deane, Faloon, Fish, Leonard, Mallar,Walker, Hawes Councilors Voting No: None Passed to Postpone to the March 23, 2026 City Council Meeting � �„��'w�:.�� ' � ��.,,� „ �«�°�.-.�.��rv��:�„� �. CITY CLERK IN CITY COUNCIL April 13, 2026 COrd 26-095 Motion made and seconded to Postpone to the City Council Meeting on Apri127, 2026 Vote: 5 - 4 Councilors Voting Yes: Beck, Carson, Deane, Leonard, Walker Councilors Voting No: Faloon, Fish, Mallar, Hawes Passed to Postpone � �„��µw�:..�� n,� „ ��rv��:�„� �. CITY CLERK IN CITY COUNCIL Apri127, 2026 COrd 26-095 Motion made and seconded for Passage Motion made and seconded to Amend by Substitution Council Chair called for Roll Call vote without reading the amended ordinance. Motion made and seconded to Appeal the Chair's decision Vote: 5—4 Councilors Voting Yes: Beck, Carson, Faloon, Leonard,Walker Councilors Voting No: Deane, Fish, Mallar, Hawes Passed to Appeal Chair's Decision Councilor Beck read the amended Ordinance. Michael Norton felt the Ordinance was poorly written. Hilari Simmons spoke in opposition to the amendment. Katie Coe, Jody McDonald,Mitchell Cooper,Ambureen Rana and Evangeline White spoke in favor. Vote on motion to amend by substitution Vote: 4—5 Councilors Voting Yes: Beck, Faloon, Leonard,Walker Councilors Voting No: Carson, Deane, Fish, Mallar, Hawes Motion Failed Motion made and seconded to postpone until the May 11, 2026 City Council Meeting Vote: 5—4 Councilors Voting Yes: Beck, Carson, Faloon, Leonard,Walker Councilors Voting No: Deane, Fish, Mallar, Hawes Passed to Postpone � �� ,�..� � �� :,w�,�N � ��.� . � ��;�� ,, CITY CLERK IN CITY COUNCIL May 11, 2026 COrd 26-095 Motion made and seconded to Postpone Indefinitely Vote: 2—7 Councilors Voting Yes: Fish, Mallar Councilors Voting No: Beck, Carson, Deane, Faloon, Leonard, Walker Hawes Motion Failed Motion made and seconded to Postpone to the City Council meeting on May 27, 2026 Vote: 9—0 Councilors Voting Yes: Beck, Carson, Deane, Faloon, Fish, Leonard Mallar, Walker, Hawes Councilors Voting No: None Passed to Postpone � �.� ,�..� � �� :,w�,�N � ��.� . � ��;�� ,, CITY CLERK IN CITY COUNCIL May 27, 2026 COrd 26-095 Motion made and seconded to Postpone Indefinitely Vote: 4—4 Councilors Voting Yes: Deane, Fish, Mallar, Hawes Councilors Voting No: Beck, Carson, Faloon, Leonard Motion Failed Motion made and seconded to Postpone to the June 22, 2026 City Council Meeting Vote: 8—0 Councilors Voting Yes: Beck, Carson, Deane, Faloon, Fish, Leonard, Mallar, Hawes Councilors Voting No: None Passed to Postpone � �.� ,�..� � �� :,w�,�N � ��.� . � ��;�� ,, CITY CLERK IN CITY COUNCIL June 22, 2026 COrd 26-095 Motion made and seconded for Passage Motion made and seconded to amend by substitution with the language presented on May 26, 2026 Vote: 9—0 Councilors Voting Yes: Beck, Carson, Deane, Faloon, Fish, Leonard, Mallar,Walker, Hawes Passed to Amend by Substitution Motion made and seconded to Postpone Indefinitely Vote: 4—5 Councilors Voting Yes: Deane, Fish, Mallar, Hawes Councilors Voting No: Beck, Carson, Faloon, Leonard, Walker Motion Failed Phil Henry, Tim Murray, Rich Trott, Tricia Quirk spoke in opposition to the Ordinance. Katie Coe,Adam Baker and Maryann Larson spoke in favor of the Ordinance. Councilor Fish left the meeting. Motion made and seconded for Passage as Amended Vote: 3—5 Councilors Voting Yes: Beck, Faloon, Leonard Councilors Voting No: Carson, Deane, Mallar, Walker, Hawes Motion Failed � �„��'w�:..�� ' � ��.,,� „ �«�°�.-.�.��rv��:�„� �. CITY CLERK