19.30.  Public safety services.  (a) To the extent permitted by law, in providing public safety services, employees of the police and fire departments, and the city attorney's office - criminal division, (collectively, public safety officials), shall be governed by the following requirements:  

 (1)     Public safety officials shall not undertake any law enforcement action for the purpose of detecting the presence of undocumented persons, or to verify immigration status, including but not limited to questioning any person or persons about their immigration status.

 (2)     City attorney's office - criminal division employees shall be permitted to:

 a.     Inform persons of the possible immigration consequences of a guilty plea.

 b.     Question and conduct cross-examination of a witness or defendant regarding immigration status. 

 c.     Inquire about immigration status for purposes of bail or conditional release.

 d.     Investigate and inquire about immigration status when relevant to the potential or actual prosecution of the case or when immigration status is an element of the crime.

 e.     Take immigration status and collateral effects of possible deportation into consideration during discussions held for the purpose of case resolution.

 (3)     Public safety officials shall not question, arrest or detain any person for violations of federal civil immigration laws except when immigration status is an element of the crime or when enforcing 8 U.S.C. 1324(c).

(4)     Nothing in this chapter shall prohibit public safety personnel from assisting federal law enforcement officers in the investigation of criminal activity involving individuals present in the United States who may also be in violation of federal civil immigration laws.

 (b)     All such use of city public safety personnel under 19.30(a)(3) and (a)(4) shall be documented, including any applicable Department of Homeland Security mission statement and operational guidelines, the reason for the dispatch of personnel, the name of the homeland security agent in charge, and the name of the officer authorizing the use of city personnel. (2003-Or-092, § 1, 7-11-03)