Explanation
This ordinance enacts new section 161.11-Immigration Enforcement Agreements within the Columbus City Codes.
The use of 287(g) agreements - intergovernmental cooperative agreements between Immigration and Customs Enforcement and local law enforcement agencies - has increased dramatically since January 20, 2025. According to a recently-released report by FWD.us, the use of 287(g) agreements has increased more than 900% nationwide.
At this time, the Columbus Division of Police does not enter into 287(g) agreements with Immigration and Customs Enforcement; however, the ability to do so is not explicitly prohibited under previously-passed ordinance 1304-2017. This code change would prohibit any city employee or agency from entering into a 287(g) agreement without the explicit approval of Columbus City Council.
In response to the disruptive nature of the aggressive tactics employed by federal immigration enforcement officers, this ordinance is part of a package of policies intended to curb federal overreach and abusive enforcement practices. These policies reflect Council’s commitment to ensuring that Columbus is a place where people can feel safe going to work, opening businesses and investing in their future.
Emergency action is requested in order to immediately codify a code change that will prevent the establishment of 287(g) agreements absent the approval of City Council in light of the continuous and ongoing Immigration and Customs Enforcement actions across the country.
Title
To enact section 161.11 - Immigration Enforcement Agreements, and to declare an emergency.
Body
WHEREAS, Columbus is a welcoming city and is home to thousands of immigrants, refugees, and naturalized residents; and
WHEREAS, Columbus City Council has an obligation to enact policies that protect our residents as well as the employees of the City of Columbus; and
WHEREAS, the use of 287(g) agreements has increased dramatically, having risen more than 900% nationwide since the beginning of 2025; and
WHEREAS, the enactment of this provision of code would prohibit any city employee or agency from entering into a 287(g) agreement without the approval of Columbus City Council; and
WHEREAS, this ordinance is one in a package of policies intended to curb federal overreach and abusive enforcement practices; and
WHEREAS, an emergency exists in the usual daily business of the city in that it is immediately necessary to authorize this code change in order to prevent the establishment of any intergovernmental cooperation agreement with Immigration and Customs Enforcement due to the disruptive nature of the aggressive tactics employed by federal immigration enforcement officers, all for the immediate preservation of the public peace, property, health or safety; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That section 161.11 is hereby enacted to read as follows:
161.11 - Immigration Enforcement Agreements
A. Definitions. As used in this section:
(1) “287(g) agreement” means a written Memorandum of Agreement, contract, or arrangement entered into pursuant to Section 287(g) of the Immigration and Nationality Act (8 U.S.C. §1357(g)), authorizing local law enforcement officers to perform the functions of immigration enforcement agents.
(2) “Immigration detainer request” means a request by a federal immigration enforcement agent to a federal, state, or local law enforcement agency that the law enforcement agency provide notice of release or maintain custody of an individual for purposes of civil immigration law enforcement, including Form I-247-A “Immigration Detainer - Notice of Action”, Form I-247D “Immigration Detainer - Request for Voluntary Action”, I-247X “Request for Voluntary Transfer”, Form I-247N “Request for Voluntary Notification of Release”, or any successor forms, as well as informal and verbal requests.
(3) "Public official" means any elected or appointed officer, or employee, or agent of the city whether in a temporary or permanent capacity.
(4) "Public servant" means any person performing ad hoc a governmental function including without limitation a member of a temporary commission, master, arbitrator, advisor, or consultant.
B. No department, employee, public official, or public servant of the city shall enter into, renew, or participate in a 287(g) Agreement with the federal government without approval by ordinance of council.
C. No city funds, personnel, equipment, or facilities shall be used to support activities authorized by a 287(g) Agreement unless the 287(g) Agreement has been approved by ordinance of council.
D. Unless authorized by a valid 287(g) Agreement that has been approved by council, the city shall not institute any policy that allows a department, employee, public official, or public servant of the city to stop, arrest, or detain a person; or continue to detain a person after that person would otherwise be legally free to leave, based solely on any of the following:
(1) An immigration detainer request;
(2) An administrative warrant issued by any federal agent for the purposes of civil immigration enforcement; or
(3) Information or suspicion that the person is not present legally in the United States, or that the person has committed an immigration violation.
SECTION 2. That for reasons stated in the preamble hereto, which is hereby made a part thereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.