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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 June 12, 2018 Item #5 Page 3 of 5 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 June 12, 2018 Item #5 Page 4 of 5 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) June 12, 2018 Item #5 Page 5 of 5