HomeMy WebLinkAbout2018-06-12; City Council; Resolution 2018-086RESOLUTION NO. 2018-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, EXPRESSING SUPPORT FOR THE FEDERAL OPPOSITION TO
CALIFORNIA'S "SANCTUARY STATE" LAWS, INCLUDING ASSEMBLY BILL
450, ASSEMBLY BILL 103, AND SENATE BILL 54 (THE CALIFORNIA VALUES
ACT); AND AUTHORIZING THE FILING OR JOINING OF AN AMICUS CURIAE
BRIEF ON BEHALF OF THE CITY IN SUPPORT OF THE UNITED STATES UPON
APPEAL OF THE LAWSUIT -UNITED STATES OF AMERICA V. CALIFORNIA
Exhibit 1
WHEREAS, in 2017, the State of California passed three laws that provide protections
for persons residing in California without the permission of the United States; and
WHEREAS, AB 450 prohibits California employers from voluntarily allowing federal
immigration enforcement agents into non-public worksite areas without a judicial warrant; prohibits
employers from providing immigration enforcement agents access to employee records without a
subpoena or judicial warrant; and allows for penalties upto $10,000 per violation; and
WHEREAS, AB 103 prohibits cities and counties from entering into contracts with the
federal government or any federal agency to house or detain adult and minor noncitizens in a locked
detention facility for purposes of civil immigration custody; requires the California Attorney General
to engage in reviews of county, local, or private locked detention facilities in which noncitizens are
being housed or detained for purposes of civil immigration proceedings; and requires the Department
of Justice to provide the State Legislature and the Governor with an annual written summary of
findings concerning the conditions of confinement, the standard of care and due process provided to
detainees, and the circumstances of their apprehension and transfer to the facility; and
WHEREAS, SB 54, also known as the "California Values Act," prohibits state, county and
local law enforcement agencies from using agency moneys or personnel to investigate, interrogate,
detain, detect, or arrest persons for immigration enforcement purposes; prohibits placing peace
officers under the supervision of federal agencies for purposes of immigration enforcement; and
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prohibits the transfer of individuals to federal immigration authorities unless authorized by a judicial
warrant or probable cause determination; and
WHEREAS, on March 6, 2018, the United States of America filed a civil Complaint
against the State of California, Governor Brown, and Xavier Becerra, the State Attorney General, in
United States v. State of California, U.S. District Court Case No. 2:18-cv-00490-JAM-KJN ("Lawsuit"), in
the United States District Court, Eastern District of California. The Complaint seeks declaratory
judgments that these state laws violate the Supremacy Clause of the United States Constitution and
are therefore invalid and unenforceable. The Complaint further seeks that the Court issue preliminary
and permanent injunctions prohibiting enforcement of these laws; and
WHEREAS, effective March 30, 2018, the Carlsbad Police Department adopted Policy
Manual Special Order 2018-02, which updated Police Department Policy 428 -Immigration Violations
to prohibit Police Department personnel from enforcing or aiding in the enforcement of federal
immigration laws, thereby ensuring compliance with all current state laws, including AB 450, AB 103
and SB 54; and
WHEREAS, the City of Carlsbad has a direct interest in the outcome of the United States
litigation, in that, the city's power with respect to municipal affairs is subject only to the limitations
and restrictions provided in its Charter, in the Constitution of the State of California, and in the laws
of the United States; and
WHEREAS, the City Council opposes California's "sanctuary state" laws because they
negatively impact public safety by limiting cooperation between local law enforcement personnel and
federal immigration officials; and
WHEREAS, on May 21, 2018, the City Council directed staff to prepare a Resolution
expressing support for the federal opposition to California's "sanctuary state" laws, including Assembly
Bill 450, Assembly Bill 103, and Senate Bill 54 (The California Values Act); and authorizing the filing or
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joining of an amicus curiae brief in support of the United States upon appeal of the lawsuit, United
States of America v. California; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
2. That the City Coundl finds and declares that AB 450, AB 103 and SB 54 interfere
with the City's ability to communicate and coordinate with federal immigration
officials, and thus, imperils the public safety and welfare of the City and its
residents.
3. That the City of Carlsbad wishes to participate in the Lawsuit filed by the United
States of America by filing or joining an amicus curiae brief in support of the United
States and authorizes the City Attorney to prepare, participate in the preparation
of, and/or engage special counsel to prepare and file all necessary motions and
briefs on behalf of the City to accomplish the purpose ofthis Resolution.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 12th day of June 2018, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, M. Schumacher.
NOES: C. Schumacher.
ABSENT: M. Packard.
(SEAL)
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