HomeMy WebLinkAbout18-30 - Opposing Senate Bill 54 (California Values Act)RESOLUTION 18-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, OPPOSING SENATE BILL 54 (CALIFORNIA VALUES ACT)
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the Federal government of the United States of America regulates
immigration under its constitutional and statutory authorities, and enforces immigration
laws through its executive agencies, including the Departments of Justice, State, and
Labor, and the Department of Homeland Security including its component agencies U.S.
Immigration and Customs Enforcement ("ICE"), and U.S. Customs and Border
Protection: and
WHEREAS, the City of Costa Mesa has neither the resources or the inclination
for the Costa Mesa Police Department to enforce immigration law, which is the
responsibility of the Federal government; and
WHEREAS, in 2013 the California Trust Act (AB 4) became law, prohibiting
law enforcement official, as defined in the Act, from detaining an individual on the basis
of a United States Immigration and Customs Enforcement hold after that individual
becomes eligible for release from custody, unless, at the time that the individual
becomes eligible for release from custody, certain conditions are met, including,
among other things, that the individual has been convicted of specified crimes; and
WHEREAS, Senate Bill ("SB") 54, which enacted California Government Code
Sections 7284 et seq: entitled the "California Values Act; became effective on January 1,
2018; and
WHEREAS, SB 54, among other things, generally prohibits California law
enforcement agencies from using local agency money or personnel to investigate,
interrogate, detain, detect, or arrest persons for immigration enforcement purposes. SB 54
also creates affirmative obligations for California law enforcement agencies to report
certain data regarding transfers of individuals to federal immigration authorities; and
WHEREAS, SB 54 limits when California law enforcement agencies may transfer
an individual to immigration authorities, and limits coordination of local law enforcement
with ICE regarding release of criminal offenders from jail; and
WHEREAS, transfers of criminal offenders from one custodial setting to another
reduces risks of escape, thus reducing safety risks for the community at large; and
WHEREAS, the City Council is concerned that SB 54 could create roadblocks and
ambiguity if the Costa Mesa Police Department were to participate in crime suppression
activities that may involve (but not target) undocumented persons in addition to U.S.
citizens and residents and results in inquiries from federal ICE officials;
Resolution No. 18-30 Page 1 of 3
WHEREAS, on March 6, 2018, United States filed the case entitled United States
of America v. State of California, et al. (Case No. 2:18-cv-00490-JAM- KJN) in Federal
District Court, Eastern District of California, seeking, among other things, a judicial
declaration enjoining the enforcement of provisions of SB 54 as preempted by federal
immigration laws and asserting that SB 54 is in violation of the Supremacy Clause of the United
States Constitution; and
WHEREAS, the City of Costa Mesa respects and supports the United States
Constitution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
RESOLVES:
Section 1. Opposition to SB 54. The Costa Mesa City Council is committed to
protecting Costa Mesa's residents through the enforcement of local, state, and federal
laws. The adoption of SB 54 has created a conflict between state and federal law and
has restricted local law enforcement's ability to cooperate with federal authorities to
protect California residents. This conflict leaves the City Council no choice but to publicly
state its opposition to SB 54.
Section 2. Recitals. The recitals provided above are incorporated into the
operative part of this resolution.
Section 3. Severability. If any section, subsection, sentence, clause or phrase of
this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, even if any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4. CEQA. The City Council finds the adoption of this resolution is not
subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment), 15060(c)(3) (the activity is not a project as defined
in Section 15378), and 15061(c)(3) (the activity will not have an effect on the
environment) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because this resolution merely states the opinion of the City Council, and has
no potential for resulting in physical change to the environment, directly or indirectly.
Section 5. Immediate Effect. This resolution shall take effect immediately upon its
adoption by the City Council, and the City Clerk shall certify the vote adopting the
resolution.
Resolution No. 18-30 Page 2 of 3
PASSED AND ADOPTED this 1st day of May, 2018.
Sandra L. Genis, Mayor
ATTEST:
Brenda Green, ity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA 1
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing is the original of Resolution No. 18-30 and was duly passed and
adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 15t
day of May, 2018, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: Righeimer, Mansoor and Genis.
NOES: COUNCIL MEMBERS: Foley and Stephens.
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 2nd day of May, 2018.
Brenda Green, ity Clerk
Resolution No. 18-30 Page 3 of 3