Berkeley, CA Immigration Policy: Sanctuary Policy Preemption (2026)
Key Facts
- Governing ordinance
- Ord. 7984-NS, adopted 2025
- City of Refuge since
- 1971, Resolution 44,784-N.S.
- Info sharing bar
- No disclosure without a judicial warrant or subpoena
- Reporting deadline
- 10 business days to City Council
- Private lawsuit
- Not allowed; no private right of action
- Record retention
- Two years for immigration-request documentation
Summary
Berkeley Municipal Code Chapter 13.114 bars every city agency and employee from using city resources to help federal immigration enforcement, from denying city services based on immigration status, and from sharing personal information with ICE or CBP without a judicial warrant. Adopted as Ordinance 7984-NS in 2025, it replaces a string of City of Refuge resolutions running back to 1971.
The following restrictions on the use of City Resources shall apply relating to Immigration Enforcement: A. No City Agency or Personnel shall use any City Resources to assist any Immigration Authority with Immigration Enforcement. B. No City Agency or Personnel shall deny access to any City services or benefits to residents based on Citizenship or Immigration Status. C. The prohibitions set forth in 13.114.030 (A) and (B) shall include but not be limited to: ... 3. Inquiring into, requesting, or collecting information about the Citizenship or Immigration Status, country of origin, nationality, or place of birth of any individual, unless that information is required (i) to provide a City service or (ii) for City employment verification; 4. Disseminating or disclosing Protected Personal Information to Immigration Authorities in connection with Immigration Enforcement without a valid judicial warrant or subpoena issued by a court of competent jurisdiction;
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).
Full Breakdown
030 spells out what city staff cannot do. C. Section 1357(g); or consenting to a search of non-public city property or records absent a judicial warrant. 020(D). 040 requires every city agency to document, in writing, any request for information it makes to or receives from an immigration authority, keep the record for two years, and report it to the City Council as an Information Item within ten business days; the Police Department must also publish an annual aggregated summary. C. Section 1373. 020(C), so it does not reach the University of California, Berkeley police department, a state entity outside city control.
Violations & Fines
Chapter 13.114 regulates city government, not residents, so it carries no fine or citation for the public. Section 13.114.060 states the ordinance creates no private right of action and is not intended to create new rights for breach of which the City is liable in money damages. The City Manager enforces it through internal administrative policy and may set rules for reporting violations of Section 13.114.030 by city staff.
Frequently Asked Questions
Does Berkeley police ask about my immigration status?
Can I sue the City of Berkeley if an employee breaks this ordinance?
Are there any exceptions to the sanctuary rules?
Does this ordinance cover UC Berkeley's campus police?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California immigration policy overview
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Sanctuary Policy Preemption in Nearby Cities
How other cities in Alameda County handle sanctuary policy preemption.