AMENDED RESOLUTION ESTABLISHING A POLICY ON ARREST FOR CIVIL IMMIGRATION VIOLATION

A RESOLUTION ESTABLISHING A POLICY THAT THE CHAPEL HILL POLICE DEPARTMENT WILL NOT SEEK TO ARREST PERSONS WHEN THE SOLE BASIS FOR ARRESTING SUCH PERSONS IS THAT SUCH PERSONS HAVE OR MAY HAVE COMMITTED A CIVIL IMMIGRATION VIOLATION

WHEREAS, in Section 15A-401 of the North Carolina General Statutes, the General Assembly has specified the circumstances under which law enforcement officers may arrest persons, with or without an arrest warrant; and

WHEREAS, the list of circumstances under which a person may be arrested does not include an arrest of persons whose only known violation of law is or may be a civil violation of federal immigration statutes;

NOW THEREFORE, the Chapel Hill Town Council resolves:

Section 1. It shall be the policy of the Town of Chapel Hill to arrest or take into custody a person only when such person is known to have committed a criminal felony violation.

Section 2. This resolution shall become effective upon adoption.

This the 26^th day of February, 2007.