HomeMy WebLinkAbout2010-019 - Comprehensive Immigration ReformRESOLUTION NO. 2010-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA OPPOSING STATE OF ARIZONA SB 1070
AND URGING THE PRESIDENT AND THE CONGRESS
OF THE UNITED STATES TO WORK ON
COMPREHENSIVE IMMIGRATION REFORM.
Section 1.The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. On April 23, 2010, the Arizona Governor signed Arizona Senate Bill 1070
(Support Our Law Enforcement and Safe Neighborhoods Act), requiring all
local law enforcement to investigate a person's immigration status when there
is a reasonable suspicion that the person is in the Country unlawfully,
regardless of whether that person is suspected of a crime; and,
B. Arizona's law permits the arrest of a person by local law enforcement, without
a warrant, if there is suspicion that the person is not in the United States
legally; and,
C. This law does not prohibit law enforcement officers from solely relying on
factors such as race, ethnicity, national origin or language to determine who
to investigate; and,
D. This law encourages racial profiling and violates Fourteenth Amendment
guarantees of due process and equal protection for U.S. citizens, legal
residents and visitors who are detained for suspicion of being in the Country
unlawfully; and,
E. This law will have a chilling effect on victims and witnesses, regardless of
legal status, choosing to forego reporting crime or testifying to a crime to
prevent immigration-related interrogation, discriminatory treatment and arrest.
Accordingly, this law will severely undermine law enforcement's ability to
effectively maintain public safety resulting in increased crime; and,
F. The City of Santa Ana considers the safety of its residents an unconditional
priority, and strives to protect the community from all criminals, irrespective of
legal status. The practice, which will remain unchanged, when the arrest and
booking of an undocumented person suspected of having committed an
offense occurs, is to place a temporary hold on the accused, and thereafter
notify federal immigration officials to determine deportation enforcement upon
conviction; and
Resolution No. 2010-019
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G. The stated purpose of this law attempts to usurp functions specifically and
solely traditionally reserved for federal authorities. As a result, many legal
scholars, including UCI Law School dean Erwin Chemerinsky, have
questioned the constitutionality of the law in that it violates the U.S.
Constitution, and undermines the exclusive power over immigration matters
granted to Congress.
H. The current immigration system is broken. It separates families, reduces the
effectiveness of national and local security programs, contributes to labor
abuses, and creates long backlogs for families seeking naturalization; and
I. Undocumented immigrants, due to their immigration status, are often a more
vulnerable segment of our community victimized by violent criminals,
employers and slumlords, finding themselves without recourse due to the
threat of deportation; and,
J. United States Citizens, legal residents, visitors and undocumented persons
alike are now being recklessly subject to racial profiling, harassment and
discrimination in states such as Arizona and those that pass similar legislation
while legal challenges are pending, comprehensive immigration reform is
critical and should promptly be addressed by the U.S. President and
Congress; and,
K. The current immigration system neglects the hard work, talent, success and
financial contributions immigrants make to our country. In Orange County,
immigrants contribute 33 percent of the region's economic activity, as
reported on California Assembly Joint Resolution "AJR" 37; and,
L. The City of Santa Ana has one of the biggest populations of immigrants,
including naturalized citizens, legal residents and undocumented persons;
and it is estimated that about 11 million undocumented immigrants are in the
United States.
Section 2. That the City Council of the City of Santa Ana opposes SB 1070
and calls upon the Arizona Legislature to repeal SB 1070.
Section 3. That the City Council of the City of Santa Ana urges the President
and the Congress of the United States to work on comprehensive immigration reform to
fix our nation's broken immigration system.
Section 4. That the Clerk of the Council is directed to transmit copies of this
resolution to the President and the Vice President of the United States, to the Speaker
of the House of Representatives, to each Senator and Representative from California in
the Congress of the United States and to the Governor of the State of Arizona.
Resolution No. 2010-019
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Section 5. 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 3`d day of May, 2010.
APPROVED AS TO FORM:
.-_-~
r,-
seph W. Fletcher
ity Attorney
AYES: Councilmembers Alvarez, Benavides, Martinez, Pulido, Sarmiento,
Tinajero (6)
NOES: Councilmembers Bustamante (1)*
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
*Councilmember Bustamante recorded a "No" vote on Section 1 of the Resolution.
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2010-019 to be the original resolution adopted by the City Council of the
City of Santa Ana on May 3, 2010.
Date: S ~(o%3vr O ~yYl ~- ~ ~ ~i ~i
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Resolution No. 2010-019
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