Ordinances, Resolutions, and Executive Orders

While ordinances, resolutions, and Executive orders are both municipally passed documents, there are key differences between them:

Ordinances:

  1. Must be officially passed by the local legislative body, usually the city council.

  2. When passed, becomes law

  3. Become permanent unless they are repealed 

Resolutions:

  1. A formal expression of a local legislative body’s opinion

  2. Does not become an enforceable law

  3. Primarily used to address temporary scenarios instead of permanent problems

Executive Orders:

  1. Passed by the Mayor, not voted on by the town council

  2. It is an enforceable administrative authority 

Which is better and why?

Resolutions do not create meaningful change as they do not create enforceable rules. Resolutions can provide a false sense of safety, as they don’t have a way to “walk their talk.” If your town only has a resolution, push them to pass an ordinance.

Step 1: Finding your town's municipal immigration ordinance or resolution

City ordinances and resolutions are easier to locate as compared to police department policies as they are always posted publicly. Most cities make their ordinances and resolutions easily accessible with an internet search, while others bury their ordinances and resolutions behind submenus of the cities website. First, Google your town and state, followed by “immigration ordinance or resolution.”  In the rare case that you know your city or town has an ordinance or resolution but you are unable to access it, you may need to submit a public records request. To find a template for submitting a public records request, click here.

Finding your Mayors Executive Order

If your town has an executive order covering immigration, it should be very easy to locate with a google search. Look up your town and state, followed by the words “immigration executive order,” and it should come up. Many towns do not have executive orders covering immigration, so do not be surprised if you cannot find one for your town. 

Step 2: Understanding and analyzing the document (ordinance, resolution, or executive order):

  • What are the guidelines for asking about an individual's immigration status?

    • Red Flags: Allowing city employees to inquire about an individual's immigration status, or not mentioning immigration status checks

    • Green flags: Not allowing city employees to inquire about anyone's immigration status, including arrestees.

    • Good example from Cambridge Welcoming Community Ordinance: “Inquiries about immigration status. City employees and officials may not inquire about the immigration status of any victim, suspect, arrestee, 911 caller, or other member of the public with whom they have contact, except as required by 8 U.S.C. § 1373.”

  • What are the guidelines for sharing information with ICE?

    • Red Flags: Allowing information sharing with ICE, or not mentioning information sharing in the ordinance.

    • Green flags: Restricting the sharing of information with ICE except in circumstances where sharing information is required by law (such as in the case of judicial warrants).

    • Good example from Cambridge Welcoming Community Ordinance: “No officer or employee of the Cambridge Police Department shall provide an officer or employee of ICE with the following information relating to a person in the custody of the Police Department: information about an individual's incarceration status, length of detention, home address, work address, personal information other than citizenship or immigration status, hearing information, or pending release, except information that is available through the Massachusetts Public Records Laws, G.L, c. 66, section 10 and G.L. c. 4, section 7 (twenty-sixth).”

  • What are the reporting requirements?

    • Red flags: No reporting requirements.

    • Green flags: Requiring police departments to report detailed information of all encounters between them and ICE and to make this report available to the public after necessary redactions have been made.

    • Good example from Cambridge Welcoming Community Ordinance: “Beginning on the date of passage of this Chapter and every six months thereafter, the Cambridge Police Commissioner shall submit a report, with the information detailed below, to the City Clerk, with a copy to the City Manager, and the City Clerk shall include the report on the agenda of the next-occurring meeting of the Public Safety Committee of the City. The report shall contain:

  1. A statistical breakdown of the total number of ICE detainers requests and, administrative warrants lodged with Cambridge Police Department;

  2. The total number of individuals detained as a result of an ICE detainer or administrative warrants, if any;

  3. The total number of individuals transferred to ICE custody, if any;

  4. The total reimbursements received from the federal government pursuant to any granted ICE detainer or administrative warrant, organized by case; 

  5. The total number of investigations where the Cambridge Police Department cooperated with or provided information to ICE unless any part of such information cannot be publicly disclosed.”

  • What are the guidelines for using municipal funds and resources to assist with civil immigration enforcement? (Found ALMOST exclusively in EO’s)

    • Red flags: Not mentioning how city funds and resources may be used relating to immigration enforcement OR specifically allowing city funds and resources to be used for immigration enforcement.

    • Green flags: Not allowing city funds and resources to be used for immigration enforcement.

    • Good example from Brookline Town Ordinance: “No funds, resources, facilities, property, equipment, or personnel of the Department shall be used for any federal immigration custody or detainment or other enforcement purpose.”

Step 3: What to do about problems with my police department's immigration enforcement policy?

  • Share your findings with other local advocacy groups.

  • Advocate for policy changes at your local city/town council meeting.

  • Request to sit down with your town’s chief of police, mayor, city manager, and/or city/town council members to discuss your concerns. (Use this one pager to help guide the meeting)

Write a letter to the editor (find templates here).