City Council
MEETING DATE: 5/24/2017
TITLE:
Title
Sanctuary City Declaration
End
FROM:
Charlie McClendon, City Manager
RECOMMENDATION:
Recommendation
Staff recommends the City Council approve a resolution declaring sanctuary city status for Cathedral City.
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. The City Council of Cathedral City’s Affirmation Statement on Community Inclusiveness was issued in early January and was published in the Community Newsletter and shared on all the City’s social media outlets. The statement is attached.
DISCUSSION:
Throughout the year people from the community have appeared at City Hall at Your Corner meetings to advocate for the City making a formal sanctuary city declaration. Among the reasons most frequently cited was the fear among some residents to report being a victim of crime or to report being a witness of crime and assist detectives in solving the crime. Other reported residents live in fear of their families being separated from one another while others reported a hesitancy to take advantage of services offered in the community.
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.
On May 10, 2017 Council held a study session discussion on the topic of making a formal sanctuary city declaration. Numerous people from the community spoke in favor of making the formal declaration and in the end Council asked staff to bring forward a resolution of declaration for action at the May 24, 2017 meeting.
Since the study session and the subsequent media reporting on the topic many people from Cathedral and throughout the region have called or emailed to express their support for or opposition to sanctuary city status. A compilation of the emails and a summary of the phone calls is attached.
Council members Kaplan and Aguilar have served as a subcommittee to review drafts of the proposed resolution and have also entertained suggestions from throughout the community.
FISCAL IMPACT:
There is no direct cost to adopting the resolution.
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
City Council Affirmation Statement on Community Inclusiveness
Compilation of emails received from the public and summary of phone calls received
Resolution