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HomeMy WebLinkAbout55G - RESO - SANCTUARY CITY11 r wi 8: '`. Mi a i 0 CITY COUNCIL MEETING DATE: DECEMBER 6, 2016 TITLE: i -A�oti� CLERK OF COUNCIL USE ONLY: RESOLUTION TO DECLARE THE CITY OF SANTA ANA A SANCTUARY FOR ALL ITS RESIDENTS, REGARDLESS_ OF THEIR IMMIGRATION STATUS (STRATEGIC PLAN NO. 5, 6F) CITY MANAGER '110=111 a APPROVED ❑ As Recommended As Amended [I Ordinance on I" Roading 0 Ordinance on 2n° Reading I Implementing Resolution j� Sat Public Wearing For_ CONTINUED TO FILE NUMBER Adopt a resolution declaring the City of Santa Ana a sanctuary for all its residents, regardless of their immigration status. DISCUSSION Based on City Council discussion at the November 16, 2016 meeting, attached is a resolution for City Council consideration (Exhibit 1), In 1966, the LIZ, Congress passed two laws that prohibit state or local governments from restricting communication with the federal government regarding the immigration status of any individual: section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 6 U,S.C, § 1644, and § 642 of the illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), 6 U.S.C. § 1373. These laws were passed to authorize state and local law enforcement agencies to communicate with federal Immigration authorities regarding the status and presence of unauthorized immigrants In their Jurisdictions. While neither of these statutes mandates cooperation or sharing of information with federal Immigration authorities, both do prohibit any restriction on information sharing between the federal government and state or local government entities or officials, Recently, these provisions have been used to both challenge and support state and local efforts to engage in federal civil Immigration law enforcement, Proponents of state and local Involvement in federal civil immigration law enforcement have argued that these provisions are an expression of Congress's Intent to maximize cooperation among federal, state, and local law enforcement agencies in enforcing federal Immigration laws, Conversely, proponents of less state and local Involvement in federal civil Immigration law enforcement, Including the Obama administratlon, have argued that these provisions preempt certain state and local efforts to 55G -1 Resolution to Declare the City of Santa Ana a Sanctuary for All Its Residents December 6, 2016 Page 2 engage in immigration enforcement by drawing limits on the nature of non - federal engagement in immigration enforcement. While many state and local jurisdictions throughout the United States have adopted polices or practices that limit their own jurisdictions' federal civil immigration law enforcement efforts, the federal government has not made a formal legal determination as to whether those state and local laws or policies violate these provisions. And although there is no legal definition, these laws or policies are sometimes referred to as "sanctuary policies ", while the jurisdictions themselves are sometimes referred to as "sanctuary cities" or "sanctuary jurisdictions ". Through various forms of official communications from U.S. President -elect Donald J. Trump, he has expressed his opposition to "sanctuary policies" and "sanctuary cities ". For example, in October 2016, President -elect Trump released his 100 -day action Plan to Make America Great A gin, which states that he will "cancel all federal funding to Sanctuary Cities ". During his campaign, President -elect Trump's rhetoric has incited fear among many individuals throughout the United States, particularly among individuals who identify as being part of a marginalized, minority, and /or unprivileged group. In response to President -Elect Trump's plan, local officials in more than ten major cities, including San Francisco, Oakland, Los Angeles, New York, Chicago and Washington, D.C., reaffirmed their commitment to upholding their status as "sanctuary cities ", even in the face of federal threats. Furthermore, many cities and towns throughout the United States have adopted or enacted resolutions, ordinances, policies, and practices to demonstrate their commitment to equal, respectful, and dignified treatment of all people, regardless of their immigration status, and as a result may be referred to as a "Sanctuary City ", even though there is no legal definition for "Sanctuary City ". The City of Santa Ana desires to similarly demonstrate its commitment to its residents by unequivocally stating that it will provide a sanctuary to all residents who are fearful by assuring them that the City will not expend any funds, nor use its resources, including staff, to administer federal immigration law which is the exclusive authority of the federal government. In response to discussion brought forth at the November 15, 2016 meeting, staff has prepared a resolution for City Council consideration. This resolution is indicative of the City's commitment to social justice. If this resolution is adopted, the City would be required to implement various policies required by the resolution. These policies include the following: protecting sensitive information; reaffirming the City's commitment to preventing biased -based policing and disallowing the use of City resources for immigration enforcement; exercising maximum discretion in policing; providing additional training for all affected City employees, officials, and agents; and the feasibility of establishing a task force for oversight. 55G -2 Resolution to Declare the City of Santa Ana a Sanctuary for All Its Residents December 6, 2016 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective 6 (focus projects and programs on improving the health and wellness of all residents.), Strategy F (incorporate health, wellness, and equity into all applicable policies and plans). FISCAL IMPACT There are no fiscal impacts associated with this item. Exhibit: 1. Resolution 55G -3 55G -4 RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECLARING THE CITY OF SANTA ANA A SANCTUARY FOR ALL ITS RESIDENTS, REGARDLESS OF THEIR IMMIGRATION STATUS WHEREAS, the City of Santa Ana has long embraced and welcomed individuals of diverse racial, ethnic, religious, and national backgrounds, including a large immigrant population; and WHEREAS, immigration has been the cornerstone of the City of Santa Ana, the region, the state, and the nation's development throughout our history; and WHEREAS, the City of Santa Ana welcomes, honors and respects the contributions of all of its residents, regardless of their immigration status; and WHEREAS, Santa Ana's immigrant families contribute to the economic and social fabric of the City by establishing and patronizing businesses, contributing to arts and culture and achieving significant educational accomplishments; and WHEREAS, fostering a relationship of trust, respect, and open communication between City officials and residents is essential to the City's mission of delivering efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents; and WHEREAS, the City of Santa Ana seeks to continue to foster trust between City officials and residents, to protect limited local resources, to encourage cooperation between residents and City officials, including especially law enforcement officers and employees, and to ensure public safety, and due process for all; and WHEREAS, the conflation of federal civil immigration law enforcement and local criminal law enforcement experienced in other communities has resulted in considerable erosion of public safety by creating social distance between law enforcement officers and the community; and WHEREAS, the City of Santa Ana desires to address the fears and concerns of its residents in relation to an individual's immigration status while at the same time being mindful that it must maintain positions on federal policy that do not affect the financial stability of the City of Santa Ana in ways that are detrimental to the health and safety of its residents; and EXHIBIT 1 55G -5 WHEREAS, many cities and towns throughout the United States have adopted resolutions, ordinances, policies, and practices to demonstrate their commitment to equal, respectful and dignified treatment of all people, regardless of their immigration status, and as result may be referred to as "Sanctuary Cities "; and WHEREAS, the City of Santa Ana desires to similarly demonstrate its commitment to its residents by unequivocally stating that it will provide a sanctuary to all residents who are fearful by assuring them that the City will not expend any funds, nor use its resources, including staff to administer federal immigration law which is the exclusive authority of the federal government; NOW THEREFORE, the Santa Ana City Council does hereby resolve as follows: Section 1: The City of Santa Ana is a sanctuary for all its residents, regardless of their immigration status. Section 2: City of Santa Ana officials, including its law enforcement officers, shall not administer federal immigration law which is the exclusive authority of the federal government. Section 3: City of Santa Ana officials, including its law enforcement officers shall not take any direct action against an individual solely because of his or her immigration status. Section 4: The City of Santa Ana will take all of the following actions: (1) Protect Sensitive Information: The City shall adopt a policy applying to all City departments prohibiting such departments, officers, employees or agents from inquiring into, maintaining or disclosing sensitive information about residents except to the extent necessary to provide the service in question or as required by law. Sensitive information includes information of a personal nature or about private attributes, such as status as a victim of domestic violence or sexual assault, status as a crime witness, sexual orientation, immigration status, disability status, or status as a recipient of public assistance. (2) Restrict Use of City Resources: The City shall adopt a policy affirming its commitment to preventing biased -based policing and disallowing the use of any City monies, facilities, property, equipment or personnel, unless contractually obligated, for the following: (a) Immigration enforcement, including but not limited to: - Identifying, investigating, arresting, or detaining any person solely on the basis of a suspected violation of immigration law; EXHIBIT 1 55G -6 - Honoring any civil immigration detainer or request to detain or notify federal authorities about the release of any individual for immigration purposes; and - Providing federal authorities with non - publicly available information about any individual for immigration purposes. (b) Enforcement of any federal program requiring the registration of individuals on the basis of religious affiliation, national or ethnic origin. (c) Nothing in this section shall prevent the City from responding to a lawfully - issued judicial warrant or subpoena. (d) The City has contractual obligations that it has voted to phase out and is taking various actions to implement that vote. (3) Discretion in Policing: As it is the policy of the City to exercise appropriate discretion in the enforcement of state and local laws, the City will adopt a policy to encourage and guide officers in continuing to exercise discretion in determining whether to cite and release individuals or book them into a local detention facility or county jail based on the nature of the crime committed. (4) Training and Oversight: The City will ensure that the policies called for in this Resolution are disseminated and appropriate training is provided to all affected officers, employees and agents of the City and the City will explore the feasibility of establishing a commission or task force composed of community members to advise the City Council on implementation and monitoring of the policies called for in this Resolution. Section 5: Nothing in this Resolution shall be construed or implemented to conflict with any obligation imposed by federal law. City staff shall monitor any efforts by the federal government to withhold or withdraw federal funding as a result of the City's policies to protect and defend its immigrant community and shall take all actions necessary to protect such funding. Section 6: The Clerk of the Council shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions. Section 7: This Resolution shall take effect immediately upon its adoption. Section 8. The Mayor shall sign this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED this 6th day of December, 2016. EXHIBIT 1 55G -7 APPROVED AS TO FORM; By: �- Sonia R. Carvalho City Attorney AYES NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council Resolution No 2016 -XXX to be the original City of Santa Ana on December 6, 2016. Date do hereby attest to and certify the attached resolution adopted by the City Council of the Clerk of the Council City of Santa Ana EXHIBIT 1 55G -8