City Council
MEETING DATE: 5/10/2017
TITLE:
Title
Local Government Immigration Enforcement
End
FROM:
Charlie McClendon, City Manager
RECOMMENDATION:
Recommendation
This item is presented for information, discussion and direction only.
Body
BACKGROUND:
The proper role for local governments, and particularly for local law enforcement agencies, in enforcement of national immigration policy has been a controversial topic for some time. Recently, with a potential change in direction from the federal level, some local jurisdictions are evaluating their positions on the topic. On December 14, 2016, this topic was brought before the City Council for discussion at the request of Councilmember Kaplan. Staff provided the Cathedral City Police Department adopted policy, which establishes the approach the department takes related to immigration enforcement, as well as information on the various positions cities have taken. Council directed staff to work on a statement regarding the City's policy on immigration and being a safe inclusive community.
DISCUSSION:
At the direction of the City Council, Staff prepared the following statement which was published in the first Community Newsletter that went out in January of 2017. It was also shared on all of the City's social media outlets:
City Council of Cathedral City’s Affirmation Statement
on Community Inclusiveness
As we enter 2017, the City Council of Cathedral City would like to take this opportunity to wish everyone in our community a very Happy New Year. Additionally, the City Council and City Staff reaffirm its commitment to making Cathedral City an inclusive community where all people are welcome and where all families feel safe and secure.
We share the values of life, liberty and the pursuit of happiness for all residents. Public Safety is integral to the core of that mission. We strive to provide Police, Fire and Emergency Medical services to everyone in our community and we are proud of our public safety employees and the dedication to service they demonstrate every day of the year. Forging relationships between our public safety personnel and our residents is the reason Cathedral City has one of the lowest crime rates in the Coachella Valley.
Beyond our foundation of excellent service, the following pillars rise above to formulate our pledge to the residents of Cathedral City:
• Every person in our community, regardless of their race or ethnicity, gender, religion, immigration status, sexual orientation, or gender identity is a valued member of our community and is entitled to equal protection of the law.
• Every person must feel free to do their part in promoting public safety by reporting crime and no victim should ever be afraid to do so because of their immigration status or any personal characteristic. To that end, it is the policy of the Cathedral City Police Department that persons reporting crime need not fear that doing so will lead to any immigration enforcement action by the Cathedral City Police Department. Further, the department will not detain or report persons otherwise eligible for release based upon civil immigration status.
• City services are equally available to everyone in our community regardless of their race or ethnicity, gender, religion, immigration status, sexual orientation, or gender identity.
• The City of Cathedral City is committed to the policy of non-discrimination as stated in the Municipal Code Chapter 11.88, “It is hereby declared as the public policy of the city of Cathedral City that it is necessary to protect and safeguard the right and opportunity of all persons to be free from all forms of arbitrary discrimination, including discrimination based upon sex, gender, gender identity, gender expression, marital status, domestic partnership status, sexual orientation, race, color, religion, ancestry, national origin, or disability.”
Inclusiveness is integral to the fabric of our community. When we understand and mutually respect our diversity, then there is no barrier that can stand in our way towards prosperity in 2017. Everyone deserves the right to live, work and play without fear as they pursue their American Dream.
On January 25, 2017, President Donald J. Trump issued Executive Order 13768, “Enhancing Public Safety in the Interior of the United States.” The Executive Order’s purpose, Section 1 reads, in part, “Sanctuary jurisdictions across the United States willfully violate Federal law in an attempt to shield aliens from removal from the United States.” Section 2 states that the policy of the executive branch is to “ensure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except as mandated by law.”
The County of Santa Clara and the City and County of San Francisco challenged Section 9 of the Executive Order as facially unconstitutional and brought motions for preliminary injunction seeking to enjoin its enforcement. On April 25, 2017, William H. Orrick, United States District Judge, granted an injunction for a nationwide preliminary injunction, enjoining enforcement of Section 9(a). The Order is attached for your review.
On April 21, 2017, the Cathedral City Police Department updated their policy (#428) and is attached for your review. The primary revisions are under 428.4, 428.4.4, 428.5 and 428.8. This policy establishes the approach the department will take related to immigration enforcement.
Council Member Shelley Kaplan has requested that this item be brought back to the City Council for discussion and to clarify the City’s position with regard to immigration enforcement.
FISCAL IMPACT:
Current policy is part of standard procedures fully funded through the adopted budget.
ATTACHMENTS:
Order Granting the County of Santa Clara and the City and County of San Francisco’s Motion to Enjoin Section 9(a) of Executive Order
Police Department Immigration Enforcement Policy #428