HomeMy WebLinkAboutReso 2017-171,i
RESOLUTION NO. 2017-171
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING SENATE BILL 54, THE
CALIFORNIA VALUES ACT
WHEREAS, Senate Bill (SB) 54, known as the California Values Act, was passed in the
California Senate on April 3, 2017, and is pending review in the California Assembly; and
WHEREAS, the City's immigration enforcement policies were discussed in hearings at
the City Council on April 4, 2017 and April 25, 2017, with members of the public advocating for
the bill; and
WHEREAS, at the April 4, 2017 Council meeting, by a vote of 3-2, the City Council
directed staff to bring back a resolution supporting the bill, and this Resolution implements that
direction; and
WHEREAS, SB 54 would prohibit state and local law enforcement agencies from using
agency moneys, facilities, property, equipment or personnel to investigate, interrogate, detain,
detect, or arrest persons for immigration enforcement purposes, including enforcement of any
civil immigration law and enforcement of any criminal immigration law that penalizes a person's
presence in, entry, or reentry to, or employment in the United States, with specified exceptions;
and
WHEREAS, SB 54 would prohibit state and local law enforcement agencies from
entering into agreements authorized by federal law to delegate immigration powers to local
agencies and to designate local law enforcement officers as immigration officers pursuant to
federal law; and
WHEREAS, SB 54 would prohibit making agency or department databases, or the
information therein, other than information within those databases regarding an individual's
citizenship or immigration status, available to anyone or any entity for the purpose of
immigration enforcement; and
WHEREAS, SB 54 would prohibit placing peace officers under the supervision of federal
agencies or employ peace officers deputized as special federal officers or special federal deputies
except to the extent those peace officers remain subject to California law governing conduct of
peace officers and the policies of the employing agency; and
WHEREAS, SB 54 would prohibit using federal immigration authorities as interpreters
for law enforcement matters related to individuals in agency or department custody; and
WHEREAS, SB 54 would prohibit transferring an individual to federal immigration
authorities unless authorized by a judicial warrant or judicial probable cause determination; and
Resolution No. 2017-171
Page No. 2
WHEREAS, SB 54 would not prohibit law enforcement agencies from: (1) responding to
a request from federal immigration authorities for information about a specific person's criminal
history; (2) participating in a joint task force, so long as the primary purpose of the task force is
not immigration enforcement; (3) making inquiries as necessary to certify an individual as a
potential crime or trafficking victim for a "T" or "U" Visa pursuant to federal law; and (4)
responding to a notification request from federal immigration authorities for a person who is
serving a term for the conviction of a misdemeanor or felony offense and has a current or prior
conviction for a violent felony or a serious felony, as defined in the California Penal Code; and
WHEREAS, SB 54 would not prohibit or restrict any government entity or official from
sending to, or receiving from, federal immigration authorities, information regarding the
citizenship or immigration status, lawful or unlawful, of an individual, pursuant to Sections 1373
and 1644 of Title 8 of the Unites States Code; and
WHEREAS, SB 54 would require agencies that participate in a joint task force to report
specified information every six months to the California Attorney General; and
WHEREAS, SB 54 would not affect routine patrol, investigative or jail operations of the
Chula Vista Police Department; and
WHEREAS, SB 54 is consistent with the City of Chula Vista's immigration enforcement
policies affirmed on April 25, 2017 in Resolution 2017-063, in that Chula Vista Police
Department officers do not ask the individuals they encounter about immigration status or
enforce federal immigration law; and
WHEREAS SB 54 is consistent with the City Jail's operations, in that staff does not
release individuals arrested by Department officers to Federal immigration authorities pursuant
to detainers; the jail is contracted to the U.S. Marshal's Service to house inmates charged with
Federal crimes; and the jail is not used as an immigration detention center.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it supports Senate Bill 54, the California Values Act, as amended as of September 12,
2017.
Presented by
a l> �1
arybert
City Manager
Approved as to form by
Glen R. Googins
City Attorne;
Resolution No. 2017-171
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of September 2017 by the following vote:
AYES: Councilmembers: Aguilar, Padilla, and Salas
NAYS: Councilmembers: Diaz and McCann
ABSENT: Councilmembers: None
Mary S66, Mayor
ATTEST:
Kerry K. lyielow, NQMC, Acting City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Kerry K. Bigelow, Acting City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2017-171 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 12th day of September 2017.
Executed this 12th day of September 2017.
Kerry K. Iq
low, MN4t, Acting City Clerk