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HomeMy WebLinkAbout24559 RESOLUTION NO. 24559 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROCLAIMING SANCTUARY CITY STATUS. WHEREAS, the City of Palm Springs has long embraced and welcomed individuals of diverse racial, ethnic, religious, and national backgrounds, including a large immigrant population; and WHEREAS, the City of Palm Springs respects, upholds, and values equal treatment for all of its residents, regardless of immigration status; 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 Palm Springs has benefited greatly socially, culturally and economically from the numerous contributions of immigrants and their families and the City appreciates and respects their hard work, devotion to family and to our community; and WHEREAS, the City of Palm Springs 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 law enforcement officers and employees, to ensure public safety and due process for all; and WHEREAS, the City of Palm Springs will not utilize local funds and resources to enforce federal immigration laws, and has reaffirmed the Palm Springs Police Department policy on immigration violations; and WHEREAS, the Palm Springs Police Department is committed to protect individuals from persecution within the city limits based solely on immigration status; and WHEREAS, the Unruh Civil Rights Act of the State of California states that, "All persons within the jurisdiction of this state are free and equal, and no matter what their . . . immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever," see California Civil Code § 51(b); and WHEREAS, the California Values Act, also known as the "Sanctuary" state law, Senate Bill 54, signed by the Governor on October 5, 2017, advanced privacy protections and curtailed the flow of personal information about immigrants that has historically fueled deportation; and Resolution No. 24559 Page 2 WHEREAS, AB 450, also known as the "Immigrant Worker Protection Act," signed by the Governor on October 5, 2017, imposed various requirements on public and private employers limiting cooperation with federal immigration worksite enforcement actions; and WHEREAS, AB 103, signed by the Governor on June 27, 2018, required the Attorney General to monitor all California immigration detention facilities, both public and private, and prohibits law enforcement agencies from entering new contracts, or renewing contracts with the federal government related to housing or detention of noncitizens for purposes of civil immigration custody; and WHEREAS, on August 3, 2016, the Palm Springs City Council adopted Ordinance No. 1896 amending the Palm Springs Municipal Code (PSMC) relating to non- discrimination in City contracting; and WHEREAS, on April 15, 2017, the Palm Springs City Council adopted Ordinance No. 1920 amending the PSMC to ratify and reaffirm the City's non-discrimination policies, practices, and procedures; and WHEREAS, on March 7, 2018, the Palm Springs City Council adopted Resolution No. 24387, to support Dreamers and a Deferred Action for Childhood Arrivals (DACA) legislative agreement and declaring the City's commitment to fostering and ensuring non-discrimination, equality, and equity for all of our residents regardless of immigration status; and WHEREAS, on May 16, 2018, the City joined the American Civil Liberties Union of Southern California in support of an amicus brief in support of three pro-immigrant California laws Senate Bill 54, Assembly Bill 450, and Assembly Bill 103, all of which were subject to a legal challenge by the Trump Administration in the case of United States of America v. California; and WHEREAS, on October 17, 2018, the City joined the County of Santa Clara, the County of Los Angeles, and the City of Oakland in signing a second amicus brief, this time filed in the Ninth Circuit Court of Appeals in support of the state's position in the United States of America v. California case; and WHEREAS, in recognition of the City's continued commitment to the equal, respectful, and dignified treatment of all people regardless of sex, gender, gender identity, gender expression, marital status, domestic partnership status, sexual orientation, race, color, religion, ancestry, national origin, or disability, the City Council, desires to adopt this Resolution declaring the City of Palm Springs a sanctuary city for all its residents, regardless of their immigration status; and Resolution No. 24559 Page 3 WHEREAS, the City of Palm Springs objected and continues to object to the enforcement of Executive Order Number 13768 on the basis of ensuring the public health, safety, and welfare of all Palm Springs residents, including undocumented immigrants; and WHEREAS, on August 1, 2018, the United States Court of Appeals for the Ninth Circuit upheld the ruling of the United States District Court for the Northern District of California, and prevented the enforcement of Section 9(a) of Executive Order Number 13768, found the section unconstitutional, and ruled that "the Executive Branch may not refuse to disperse the federal grants in question without congressional authorization;" and WHEREAS, the City Council of the City of Palm Springs believes that the above Executive Order Number 13768 strongly betrayed the longstanding principles, values, and traditions of not only the City of Palm Springs, but also those of the United States of America; and WHEREAS, the City Council of the City of Palm Springs desires to affirm all applicable state and local law referenced above, and communicate with certainty the City's "sanctuary city" status to all those that might inquire, but does not intend to in any way modify the City's prior legislative or policy decisions. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. As federal immigration laws become more complex, the City Council finds it necessary to clarify the communication between the City and the federal government to prevent the use of local resources for federal immigration enforcement. Accordingly, the purpose of this Resolution is to reaffirm the City's policies and procedures in the enforcement of federal immigration laws. SECTION 2. Sanctuary city status provides that all persons are to be treated equally, with respect and dignity, regardless of immigration status. This sanctuary city status is designed to promote trust between City employees and City residents ensuring community safety and security. SECTION 3. Except as otherwise provided or required in this resolution, no City official, employee or agent of the City, while in the course and scope of employment shall use any City funds or resources to enforce federal civil immigration law. City officials, employees and agents may continue to comply with lawfully issued judicial warrants or other subpoenas and cooperate with federal authorities to protect public safety. This collaboration includes, but is not limited to, participation in joint criminal investigations that are permitted under City policy and applicable under federal or state law. SECTION 4. The regulations set forth in the Palm Springs City Police Department Policy Manual, Section 428 entitled, "Immigration Violations" (Section 408), provide Resolution No. 24559 Page 4 guidelines to members of the Palm Springs City Police Department for investigating and enforcing immigration laws. The regulations include, but are not limited to, the following: 1. An officer will require a judicial warrant prior to detaining an individual solely on the basis of alleged violations of the civil provisions of federal immigration law. 2. Arresting, detaining, or continuing to detain a person solely on the belief that a person is not lawfully present in the United States is prohibited. SECTION 5. Nothing in this Resolution restricts any City official, employee or agent of the City from sending to and/or receiving information from federal immigration authorities regarding a person's citizenship or immigration status pursuant to Sections 1373 and 1644 of Title 8 of the United States Code. Nothing in this Resolution shall be construed to apply to matters other than those relating to federal civil immigration and none of its terms shall be interpreted to prevent or prohibit City officials, employees or agents from enforcing criminal laws. SECTION 6. The regulations set forth in Section 428 will not apply where confidential information is required to provide a resident with City services and the necessary consent is given by the resident. SECTION 7. It is the public policy of this City to encourage cooperation with the criminal justice system and not to penalize persons for being victims, undocumented immigrants, or witnesses who can give evidence in a criminal investigation. SECTION 8. The City of Palm Springs hereby objects to Executive Order Number 13768 on the basis that it is contrary to the values of openness and inclusion of the City of Palm Springs and to the ideals upon which the United States of America was founded as a population of persons that at one time were all immigrants or refugees from some other country. SECTION 9. The City of Palm Springs implores the repeal of Executive Order Number 13768 on the basis that it is contrary to traditional American values of acceptance, inclusion, and the idea of the American Dream. SECTION 10. 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. This Resolution will also be made available in Spanish to ensure trust and respect between all Palm Springs residents and City personnel. Resolution No. 24559 Page 5 PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 61h DAY OF FEBURARY, 2019. David H. Ready, Esq., City Manager A EST: o n y J. M I ia, C City Clerk CERTIFICATION State of California ) County of Riverside ) ss. City of Palm Springs) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24559 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 6th day of February, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, and Mayor Pro Tern Kors NOES: Mayor Moon ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ' &- day of 2c,1�7 ony J. Me 'a, City Clerk