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File #: Ord 18-21    Version:
Type: Ordinance Status: Passed
In control: City Council
Final action: 6/13/2018
Title: Amending Chapter 44 of the Administrative Code on Employee Authority in Immigration Matters pertaining to law enforcement certifications for victims of crimes.
Sponsors: Amy Brendmoen, Samantha Henningson, Rebecca Noecker, Chris Tolbert, Dai Thao
Title
Amending Chapter 44 of the Administrative Code on Employee Authority in Immigration Matters pertaining to law enforcement certifications for victims of crimes.

Body

THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN:
SECTION 1
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Section 44.06 of the Saint Paul Administrative Code is hereby amended to read as follows:

Section 44.06. - No intent to create private cause of action. Certifications for Victims of Crimes.

Nothing in this chapter is intended to create a private cause of action for violations of this chapter.
(a) Definitions. For the purposes of this section, the following definitions shall apply:

(1) Certification request. A request made by a victim of crime, or the victim's attorney or other appropriate representative, to a city certifying agency for a U Nonimmigrant Status Certification or a T Visa Declaration of Law Enforcement Officer for Victim of Trafficking in Persons for persons eligible under 8 U.S.C. §1101(a)(15)(T) or (U) as provided in the Victims of Trafficking and Violence Prevention Act of 2000.

(2) City certifying agency. Any city department having legal authority to sign a U Visa Nonimmigrant Status Certification or a T Visa Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, including the Saint Paul Police Department and the city attorney's office.

(3) Investigation or prosecution. The phrase "investigation or prosecution" has the meaning set out in 8 CFR §214.14(a)(5) that includes the detection or investigation of a qualifying crime or criminal activity, as well as the prosecution, conviction, or sentencing of the perpetrator of the qualifying crime or criminal activity.

(b) Certification process.

(1) Standard review. City certifying agencies must process certification requests as quickly as reasonably possible. All certification requests must be processed within thirty (30) days of receipt by the applicable city certifying agency of the request...

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