HomeMy WebLinkAbout5/16/2018 - STAFF REPORTS TALMS..
CITY COUNCIL SUPPLEMENTAL
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DATE: May 16, 2018 CONSENT CALENDAR
SUBJECT: APPROVE REQUEST FROM ACLU OF SOUTHERN CALIFORNIA FOR
COUNCIL TO BE ADDED TO LIST OF CITIES SIGNING THEIR AMICUS
BRIEF IN SUPPORT OF THREE PRO-IMMIGRANT CALIFORNIA LAWS
FROM: David H. Ready, City Manager
BY: Edward Z. Kotkin, City Attorney
SUMMARY
This supplemental staff report is being provided at the request of Councilmember Kors for
additional information regarding the recommendation that the City Council approve the
request of the ACLU of Southern California adding our city to the list of cities signing their
amicus brief in support of three pro-immigrant California laws SB 54 (limits on local law
enforcement in immigration), AB 450 (protections for immigrant workers) and AB-103
(conditions of immigration detention facilities) currently subject to a legal challenge by the
Trump Administration in the case of United States of America v. California, filed in the United
States District Court, Eastern District (Case No. 18-264).
RECOMMENDATION:
Approve the request adding the City of Palm Springs to the amicus brief, authorize the City
Manager to execute any related documents necessary.
STAFF ANALYSIS:
The ACLU of Southern California has requested that the City of Palm Springs ("City") join
other cities and counties throughout the state in signing an amicus brief in support of three
pro-immigrant California laws that are the subject of a lawsuit filed by Trump Administration
against the State of California. The Justice Department sued California; Gov. Jerry Brown;
and the state's attorney general, Xavier Becerra, over three (3) state laws passed in recent
months, claiming they impaired and interfered with activity by federal immigration officials,
and calling the laws unconstitutional. Last year, California enacted sanctuary laws that limit
when and how local law enforcement can cooperate with federal enforcement officers.
City Council Staff Report
May 16, 2018 -- Page 2
Amicus Brief in Support of Pro-Immigration Legislation
Immigration has become a prominent political and policy issue at the federal, state and local
levels. The rising concern follows changes in the magnitude and nature of immigration flows,
and in the orientation of our nation's administration. Reactions to these changes have varied.
Over the last several years, California has taken significant strides toward the protection of
immigrants, passing a broad range of laws to expand and uphold the civil and labor rights of
immigrants, equalizing access to higher education, and defining the role local law enforcement
agencies may play in the enforcement agencies may play in the enforcement of federal
immigration law. The City aims at helping individuals, and believes in supporting immigrant-
friendly policies and laws.
A summary of the state laws being threatened by the Trump Administration's lawsuit are
provided.
Senate Bill 54 is the most comprehensive of the three (3) laws included in the lawsuit. The
law contains provisions based upon a person's criminal history, pursuant to which
communication and facilitation of transportation is permitted, but localities have the
opportunity to limit interaction between law enforcement and ICE. This bill has garnered wide
support from many state leaders who recognize that entangling police and sheriffs in
deportations places even victims and witnesses of crime at risk.
Assembly Bill 450 deals with worksite raids and audits. If ICE comes to a workplace today,
and wants to enter into a private area such as an office, an employer is not allowed to give
ICE consent to enter unless ICE has a warrant. AB 450 also requires employers to notify
employees if ICE is preparing to conduct an audit. Immigrants, authorized or unauthorized,
energize and sustain California's economy with their labor. According to State Controller Betty
Yee, undocumented immigrants' labor is worth more than $180 billion a year. AB 450 makes
California the first state to reaffirm constitutional rights and other legal protections of workers
during illegal immigration raids in the workplace.
Assembly Bill 103 pertains to public safety, and includes provisions preventing state and
local agencies from entering into contracts with the federal government to detain immigrants,
and allowing the state attorney general to monitor federal immigration detention facilities. The
law makes California the only U.S. state that provides local oversight of immigration jails.
Councilmembers Holstege and Kors brought this matter to staff's attention, and requested
that the Council continue to support the immigrant community by signing the ACLU's amicus
brief. The City of Palm Springs is the only Coachella Valley city that has offered their support
of the amicus brief and is a proud supporter of the ACLU and their efforts to defeat the threat
made on California's immigrant population.
David H. Ready, Esq., Ph. Edward Z. Kotkin,
City Manager City Attorney
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Cindy Berardi
From: Anthony Mejia
Sent: Wednesday, May 16, 2018 10:13 AM
To: Cindy Berardi; Terri Milton
Subject: FW: Sign onto the ACLU's brief opposing the Trump/Sessions lawsuit targeting SB 54
and other immigrant protections in our state
From: Denise Janssen Eager [djansseneager@gmail.com]
Sent: Wednesday, May 16, 2018 9:29 AM
To: JR Roberts; Robert Moon; Lisa Middleton
Cc: Christy Holstege; Geoff Kors
Subject: Sign onto the ACLU's brief opposing the Trump/Sessions lawsuit targeting SB 54 and other immigrant
protections in our state
Dear Mayor& Council Members,
Show your constituents & the world that you stand on the right side of history by voting yes to sign onto the ACLU's
brief opposing the Trump/Sessions lawsuit targeting SEI 54 and other immigrant protections in our state.
SB 54 ensures that no state or local resources are diverted to fuel any attempt by the federal government to carry
out mass deportations and that our schools, our hospitals, and our courthouses are safe spaces for everyone in
our community. The government's lawsuit is an attempt to run over California's protection of immigrants who
are just trying to create a better life for their families.
Show the world & law-abiding immigrants living in Palm Springs that our wonderful city opposes the current
administration's hate-filled agenda. Vote yes.
Sincerely,
Denise Janssen Eager
2527 N. Whitewater Club Drive, Unit D
Palm Springs, CA 92262
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