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HomeMy WebLinkAboutCC AG PKT 2010-06-14 #DAGENDA STAFF REPORT DATE: June 14, 2010 TO: Honorable Mayor and City Council THRU David N. Carmany, City Manager FROM: Jill R. Ingram, Assistant to the City Manager SUBJECT: CONSIDERATION OF DECLARING SEAL BEACH AS A "RULE OF LAW CITY" PERTAINING TO IMMIGRATION ENFORCEMENT (Antos) SUMMARY OF REQUEST: This report is provided in response to a request by Councilmember Antos regarding the consideration of declaring Seal Beach as a "Rule of Law City" pertaining to immigration enforcement. It is recommended that the City Council: 1. Discuss the "Rule of Law City" declaration; and /or 2. Receive and file the report; and /or 3. Provide direction to staff as appropriate. BACKGROUND: Under the provisions of the Immigration and Nationality Act, the federal government is responsible for the establishment and enforcement of the laws of the U.S. as they pertain to legal immigration. Title 8, Section 1373 of the U.S. Immigration Code provides that no local government entity or official may prohibit or restrict any government entity or official from sending to or receiving from the U.S. Immigration and Customs Enforcement (ICE) any information regarding the citizenship or immigration status of any individual. Federal law makes it clear that it is anticipated that local governments, their officials, and their police departments will cooperate fully with ICE in determining the legal status of persons. In that regard, since December 2006, the City of Costa Mesa has cooperated with ICE in the identification of suspected violators of federal immigration law through the placement of an ICE Officer in the City's custody facility. On May 18, 2010, the Costa Mesa City Council adopted the attached resolution urging every municipality in the U.S. to do more at the local level in support of federal immigration authorities without assuming federal authority or taking Agenda Item D Page 2 actions that raise concerns to those who are in the U.S. legally. Additionally, the resolution urges the City of Costa Mesa to consider and approve those local measures that further the efforts of federal immigration officials and define the City of Costa Mesa as a "Rule of Law City" when it comes to upholding our immigration laws. Additionally, the Orange City Council agendized a resolution for consideration at their June 8, 2010 regular meeting in support of the enforcement of federal immigration laws, ICE, the Orange Police Department, and other local agencies attempting to deal with the negative impacts caused by illegal immigration, including the burdens imposed on services and resources of the State of California and local agencies, such as increased fiscal costs for education, law enforcement, health care, and other services. FINANCIAL IMPACT: There are no fiscal impacts associated with the consideration of this item. However, if the Council provides direction to staff to bring back a resolution for Council consideration declaring the City of Seal Beach as a "Rule of Law City," there would be potential public safety fiscal impacts to consider at that time with regard to the mandatory identification of suspected violators of federal immigration law, holding suspects that are reported to ICE in our City jail facility, as well as ongoing training on how to determine a person's immigration status, as required by federal law. RECOMMENDATION: It is recommended that the City Council: 1. Discuss the "Rule of Law City" declaration; and /or 2. Receive and file the report; and /or 3. Provide direction to staff as appropriate. SUBMITTED BY: NOTED AND APPROVED: ill Pt. Ingram sistant to the Ci anager 5 � David N. Carmany City Manager Attachments: A. City of Costa Mesa - Resolution No. 10 -27 B. City of Orange - Resolution No. 10482 ATTACHMENT 1 RESOLUTION NO. 10 -27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, PROCLAIMING THE CITY OF COSTA MESA AS A "RULE OF LAW CITY." THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the Federal Government under the provisions of the Immigration and Nationality Act as codified in the United States Code (U.S.C.) is responsible for the establishment and enforcement of the laws of the United States of America as they pertain to legal immigration; and WHEREAS, the authority for enforcement of the Immigration and Nationality Act and the U.S.C. is vested .with the Federal Government, and it is the responsibility of all levels of government to fully support the Federal Government in the exercise of its obligations under the law pertaining to immigration; and WHEREAS, the level of immigration enforcement by the Federal Government has been inadequate in preventing millions of persons from illegally entering the United States without complying with the laws of our nation; and WHEREAS, while the City of Costa Mesa welcomes legal immigrants, illegal immigrants impose burdens on the citizens and legal residents of Costa Mesa which include decreased job opportunities, increased fiscal costs for education, law enforcement, health care, and other social services; and WHEREAS, the City of Costa Mesa has cooperated with U.S. Immigration and Customs Enforcement (ICE) since December 2006 in the identification of suspected violators of Federal immigration law through the placement of an ICE Officer in the City's Custody Facility; and WHEREAS, this cooperative effort has resulted in the identification of almost 1300 suspected violators of Federal Immigration law, enabling the ICE to be more effective in the exercise of its responsibilities under the law; and WHEREAS, the City of Costa Mesa and every municipality in the United States can and should do more at the local level in support of Federal Immigration authorities J without usurping Federal authority or taking actions that raise concerns to those who are in the United States legally; and WHEREAS, the City of Costa Mesa should consider and approve those local measures that further the efforts of Federal Immigration officials and define the City as a Rule of Law City when it comes to upholding our immigration laws. NOW THEREFORE BE IT RESOLVED that the City Council of Costa Mesa does hereby pledge support of Federal immigration enforcement through the adoption of local measures within the scope of municipal authority and declare that Costa Mesa is not a sanctuary city and is in fact a Rule of Law City in regards to upholding our immigration laws. PASSED AND ADOPTED this 18 day of May, 2010. ATTEST: Allan R. Mansoor, Mayor APPROVED AS TO FORM: Julie Folcik, City Clerk Kimberly Hall Barlow, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 10 -XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18 day of May, 2010, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19 day of May, 2010. JULIE FOLCIK, CITY CLERK (SEAL) RESOLUTION NO. 10482 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, CALIFORNIA SUPPORTING ENFORCEMENT OF FEDERAL IMMIGRATION LAWS WHEREAS, the Federal Government under the provisions of the Immigration and Nationality Act is responsible for the establishment and enforcement of the laws of the United States of America as they pertain to legal and illegal immigration; and WHEREAS, federal law (Title 8, Section 1373 of the United State Immigration Code) provides that no local government entity or official may prohibit or restrict any government entity or official from sending to or receiving from the U.S. Immigration and Customs Enforcement (ICE) any information regarding the citizenship or immigration status of any individual; and WHEREAS, federal law makes it clear that it is anticipated that local governments, their officials and their police departments will cooperate fully with ICE in determining the legal status of persons; and WHEREAS, the City of Orange welcomes legal immigrants and understands the importance that legal immigrants played in the history of our great Country and furthermore the City commends those legal immigrants that followed the necessary steps to become United States Citizens; and WHEREAS, illegal immigrants impose burdens on services and resources of the State of California and the City of Orange including increased fiscal costs for education, law enforcement, health care, and other services; and WHEREAS, in accordance with federal law the City of Orange cooperates with ICE to identify suspected violators of Federal immigration law; and WHEREAS, the City Council of the City of Orange encourages every municipality in the United States and its employees to support ICE in its efforts to enforce immigration laws and to do so in a manner consistent with the laws of the United States; and WHEREAS, the City of Orange, in an effort to protect limited resources and services, must continue to consider and approve local measures that uphold our laws. That being stated this resolution represents a proposed statement of Policy and does not enact any new laws, programs, or authorize the expenditure of public funds. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orange does hereby pledge its continued support of ICE, the Orange Police Department and other local agencies attempting to deal with the negative impacts caused by illegal immigration. ITEM: 5 - * r DATE OF MEETING: 4/7/f& -- ADOPTED this 8` day of June, 2010. Carolyn V. Cavecche, Mayor, City of Orange ATTEST: Mary E. Murphy, City Clerk, City of Orange I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 8th day of June, 2010, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Mary E. Murphy, City Clerk, City of Orange