HomeMy WebLinkAbout2023-059 - Supporting AB 1306 (The HOME Act)RESOLUTION NO. 2023-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA SUPPORTING ASSEMBLY BILL 1306 (The
HOME Act)
WHEREAS, refugees and immigrants are a vital part of California's heart and
identity, and the City of Santa Ana recognizes the humanity of all people who call our
community home,
WHEREAS, California's criminal justice system unjustly and disproportionately
harms Black, Latinx, Indigenous, and Asian and Pacific Islander American communities.
WHEREAS, in recent years, the Legislature and California voters have
demonstrated a strong commitment to reforming our criminal system and ending mass
incarceration by enacting various landmark reforms. Through these reforms, certain
incarcerated individuals have the opportunity to be considered for resentencing or
release.
WHEREAS, despite these reforms, when California's prisons voluntarily and
unnecessarily transfer immigrant and refugee community members eligible for release
from state custody to U.S. Immigration and Customs Enforcement (ICE) for immigration
detention and deportation purposes, they subject these community members to double
punishment and further trauma. This double -punishment devastates families and
deprives our communities of beloved leaders who are eager to positively contribute to
society. If not because of where they were born, these community members would be
allowed to return home to their families and communities.
WHEREAS, immigrant community members can be incarcerated by ICE, often
for prolonged periods and with no right to bail, and deported, permanently banishing
them from the country, from their families, their homes, their livelihoods and "all that
makes life worth living." Ng Fung Ho v. White, 259 U.S. 276, 284 (1922). The Supreme
Court has repeatedly acknowledged that for many people, deportation is a more severe
penalty than any jail sentence. See, e.g., Lee v. United States, 137 S.Ct. 1958, 1968
(2017); Padilla v. Kentucky, 559 U.S. 356, 364 (2010).
Resolution No. 2023-059
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WHEREAS, data shows that Black and Brown immigrants are disproportionately
targeted by arrest, detention, and deportation.
WHEREAS, when the California legislature passed criminal justice reforms
previously, these reforms were expected to save the state millions by reducing the
length of draconian sentences. However, when Californians who are immigrants earn
release through these reforms, the California Department of Corrections and
Rehabilitation expends additional funding unnecessarily to coordinate with and hand
these community members over to ICE for a second, double punishment. The full intent,
benefits, and cost savings from these reforms cannot be fully realized if CDCR
continues to waste resources on assisting ICE with deportations.
WHEREAS, our immigration policies should be driven by our values: equality,
fairness, compassion, and common humanity. Immigrants are part of our families,
communities and workplaces. Every person who calls the U.S. home, including our
neighbors who are immigrants, should be safe from profiling and harm by the
government.
WHEREAS, California has an important opportunity to reunite families and
strengthen communities by passing the HOME Act (Harmonizing Our Measures for
Equality, AB 1306 by Assembly Member Wendy Carrillo) this year.
WHEREAS, the HOME Act is a simple fix that will harmonize state policy with
broadly -supported, existing criminal -justice reforms that have already been enacted into
law. These laws are reducing mass incarceration and addressing racism in our legal
systems.
WHEREAS, community members who have earned release under existing laws
included in the HOME Act should be able to return home, reunite with their families, and
rebuild their lives instead of being cruelly transferred to ICE. This is an issue of equality
and fairness.
WHEREAS, Oregon, Illinois, and Washington DC have already enacted laws that
stop all ICE transfers from jails and prisons, and itis time for California to catch up.
Additionally, many counties within California have already stopped all ICE transfers,
including Los Angeles, San Joaquin, Santa Cruz, Humboldt, San Francisco, Santa
Clara, and Contra Costa.
Resolution No. 2023-059
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WHEREAS, the City of Santa Ana values all members of our community,
embraces compassion, equality, and inclusion, and proudly defends the rights of all
residents, including refugees and immigrants.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Ana as follows:
Section 1. The City of Santa Ana strongly supports California Assembly Bill
No. 1306 and urges the California State Legislature to pass this bill in order to
harmonize state policy with broadly -supported, existing criminal -justice reforms that
have already been enacted into law.
Section 2. The City Council hereby directs the City Clerk to transmit a copy of
this Resolution to the California Assembly Speaker Robert Rivas , California Assembly
Appropriations Committee Chair Chris Holden, California Senate President Pro
Tempore Toni Atkins, California Senate Public Safety Committee Chair Aisha Wahab,
California Senate Judiciary Committee Chair Thomas Umberg, California Senate
Appropriations Committee Chair Anthony Portantino, and the Bill's author, Assembly
Member Wendy Carrillo.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 29th day of August 2023.
Jessie Lopez
Mayor Pro Tem
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: (l0 m,L A-
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers Bacerra Hernandez, Lopez, Penaloza,
Phan Vazguez(6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Amezcua (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached
Resolution No. 2023-059 to be the original resolution adopted by the City Council of the
City of Santa Ana on August 29, 2023.
Date: 31 �3
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City of Santa Ana
Resolution No. 2023-059
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