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Home My WebLink About2010/06/22 Item 18RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE ROLE OF CHULA VISTA LAW ENFORCEMENT WITH RESPECT TO IMMIGRATION STATUS AND SUPPORTING NATIONAL COMPREHENSIVE IMMIGRATION REFORM WHEREAS, the City of Chula Vista seeks solutions that embrace fairness, equal treatment and due process, and has historically supported policies that prohibit discrimination based on race, ethnicity, gender, age, religion, sexual orientation, and disability; and WHEREAS, the mission of the Chula Vista Police Department is to treat all persons with respect, dignity and fairness; to provide professional and proactive police service; to manage resources effectively and to encourage community partnerships; and WHEREAS, investigating a person's immigration status and enforcing immigration law is primarily a federal responsibility; and WHEREAS, the Fourteenth Amendment of the United States Constitution guarantees due process and equal protection for U.S. citizens, legal residents and visitors, and gives Congress exclusive power over immigration legislation; and WHEREAS, there is a need for the federal government to reform and enforce the immigration laws of the United States; and WHEREAS, Chula Vista's law enforcement officers inquire about a person's immigration status only when that individual is arrested for, or believed to be engaged in criminal activity other than a federal immigration violation; and WHEREAS, the Chula Vista Police Department opposes discrimination and racial profiling, and does not, and shall not rely on race, ethnicity, national origin or language to determine who to investigate; and WHEREAS, the City Manager will provide updates to the City Council when police department guidelines regazding immigration status inquiries change from current policies established by the Chief of Police; and WHEREAS, the use of federal funds should be used to enforce national immigration law, not for promoting racial profiling and discrimination based on race, ethnicity or any other form of discrimination; and WHEREAS, the City of Chula Vista's staff and elected officials are open to discussing important issues such as these with members of the public, recognizing the importance of workable solutions that uphold our nation's values; and 18-1 WHEREAS, the Chula Vista City Council is interested in policies and actions that unite our community and not divide it; and WHEREAS, all Chula Vistans deserve to feel safe and at ease in their community: NOW, THEREFORE, BE IT RESOLVED that by adopting this Resolution, the City of Chula Vista hereby supports national comprehensive immigration reform and will communicate this support to representatives at the national level, and opposes budgetary action or legislation promoting discrimination based on race or ethnicity. Presented by Cheryl Cox and Rudy Ramirez Legislative Sub-committee Approved as to form by f~~~ ark .Mies i ttomey 18-2 'CON SOLl\)/~"\E1:J K1:?SO ( to lA.V1ci t h\eNJxr iVlDrt\~Y\ J cD@ RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Al'TeJRM-I-NC THE--l~C--I-IYL-A-VJ8+A--L,\ W EN~ Wl+-U---R-~T TO-REGARDING N_\T10NAL IMMIGRATION s:J','.TUS_'-.Nl) WI!JlORTINC "'L'.TI-Q-N.',L COM-!'REHENSIVE IMMICR'\.TION REFO-RMISSUES WHF:REAS, the City ofChula Vista seeks solutions that emhrace fairness, equal treatment and due process, and has historically supported policies that prohibit discrimination based on race, ~thnicity, gender, age, religion, sexual orientation, national nriQill. and disability; and .WHEREAS, the mission of the Chula Vista Police Department is to treat all persons with respect, dignity and fairness; to provide professional and proactive police service; to manage resources effectively and to encourage community partnerships: and \VHEREAS, investigating a person IS immigration status and enforcing immigration law is primarily a federal responsibility; and WHEREAS, the FOUltee11lh Amendment of the United States Constitntion guarantees due process and equal protection for U.S. citizens, legal residents and visitors, and gives Congress exclusive power over immigration legisIation~ and WHEREAS, there is a need for the federal government to reform and enf()rce the immigration laws oflhe United States; and WHEREAS, Chula Vista's law enforcement officers inquire about a person's immigration status only when that individual is arrested for, or believed to be engaged in criminal activity other than a federal immigration violation; and WHEREAS, the Chula Vista Police Department opposes discrimination and racial profiling, and does not, and shall not rely on race, ethnicity, national origin or language to determine who to investi gate; and WHEREAS, the City Manager will provide npdates to the City Council when police department guiddines regarding immigration status inquiries change from l:urrent policies established by the Chief of Police; and b \VHEREAS, the H5-e---{}fChula Vista City Council helieves federal funds should be used to . nforce national immigration law._und not for promoting racial profiling-and dlscnmlnatlen---BnSe-<l 'e,effittic-ity or any other form of discrimination; and WHEREAS, the City of Chula Vista's staff and elected oftlcials are open to discussing ---important-issues such as these with mcn1bers of the puhlic, recognizing the imp0l1ance of workable solutions that uphold our nation's values; and WI-IERF:AS, the Chula Vista City Council is interested in policies and actions that unite our community and not divide it; and WHEREAS, all Chula Vistans deserve to feel safe and at ease in their community;, and WHFJ{EAS, on April 23,20 It!. the State of Arizona enacted Senate Bill JJJ70 (SUPPOlt Uur f!6- 1. ,[l\V Ellforcell1cllt and Safe Neighborhoods Act, hereinafter called "AZ SH 1 (m)"). brineing bj~_~\l;i~i.911 of ~h~llllnJigr<ltjorussld;; to tb~ f(ln~.th!!lt: al~i__.___ WffERF:A~Z S131iJ7U lIlal,cs it a_state crime ~ a misdcmcanor to le;l to carrv iil1111igL<ltion J21U2~'S~llJ~LnU9\\"S Jlt;.QQle to ..~!!~J9caJ.._gQY~!]lment JlLE_Qencjc~if th~y b<c:i~_\", ft;.den1L~2!: tate immie.rationlaw is not bcini! entorced: and WIIEREAS, AZ SBlO70 QJvcs local law cnton:cmcnt broad Dower to detain 'lw\1cn nl~li~.ill-)le~_.anY_"'~I]e reasonablv_?_~(~L1ccte~L_or _heipgjgJJ~_~f~~yithout ;!..lJ.!horizati.on alld~.9__~eriry heir immi12.ration status with (edcml officials. unless doinQ so \vould hinder an invcsti}2at.ion or -'lllCfffcncv rncdical treatment; and WHEREAS. A7 SB 1Il70 Innv undermine the U.S. Constitution, which grants COI1Qrcss "'xcJ{fsivc no\vcr over immi[!Tation legislation and recent rOJlorts indicate that ;t will be chalknQed by J)~JLS).U.sti ee J2~.earrl1l!:'n.1;-,!'1.<.l \VIIF:HEAS, U.S. President Baraek Ohama and the US Conterencc of Mayors. led by Phoenix 'Vlavor Phil Gordon. have criticized r\Z S131070 and have u!,,'1ed COlll!.rCSS to take liD the lSSlH: 1utiol1i:1JJv: and TtHEREAS, due to nUl' location near the International Border. this Issue IS also 01' great 'oncern to the Citv oCChula Vista and its residents; and: NOW, THEREFORE, BE IT RESOLVED that b} adoptins this Rc~luticn. tOO " "." '. VLta horcb:; E;Upp0l1S nationnl c,{lmprchensffiBY nm CITY CotJNCIL OF . 'HE CITY OF CHULA YISTA THAT: ~Y.;: reaJlj)J:rUl.~r Cit}:_J~oJ.icy rtuardilw d.<.l!dJL t .Ind..l2f1!lTIS.lJte(L Persolls, rccjWli~j.lli! and __y?lhling tb" _c.:=..:-;_ _ jih:;rsitv of ()ur commul1it,~~ \.vhile ensurim! safe!" and th~ well heing of"ll Dersons; reaardless of their !I11mU!Ionon stf:ltus. and .oZ........ Ve i>\J:Qn:llv op1',o5e Arizona 513 Ul.lO an<L,,,')1.JJI~JI1S:. redeml G..ovel11l11ent to prio,'itize immigration cform and-wi-U-ee-ffiH-1L1J:.iuUlL'. 3nd~ b}_l-!lli.~Jhe ~.alifOl::Dia ~ovenlt)f_~!:.nd o!1~(:_;ujfonlia legi~.Lillive , eleg~Hi!;Hl10 ol2l~~)se AZ~"~131 Q70 "(J!1d ~!l1y_[qI!IU:;Jj]gyt.~1.imilar i1Lna111re~ Ve direcj the..S:;ijy U"rk to send a co!),}' of this '*WlFt to reprc.;cntat+ves at tbe-+1ation'll Icve.j,-ffi'lB poses badgct-ary--netiBfi--fH' lc;:islnti0iT-}*Bfftotillg di.Jcrim;nation base,d on raee--Br '8fyresolution to the ldlowing: aIU.S. President Baraek Ohal11a: b) C alitomia Senators Barbara oxer and Diane Feinstein: c) California Representativc Bob Filner: d) thc House Judiciary _;.!)lEQJittee C~lair. JoJm COllvers Jr.: H'pu~e Ludiciary SlJQ..comrnittee oI1J_l11mi~rali_~:m~Citix~nshin-"- _t;tugecs. Border Securitv & lntenwtional Lmv Chair, Zoe Loj~ren; Senate Judiciary Committee :hair. Patrick Leahy, 2l1d; ludiciarv Subconnnittee on Immi2:ratioll. RCftH!CCS & Bon.ler Security J)j)irLCl.l!lck S h 11 m cr. Presented by Approved as to form by ~'lJ.cryl ('0~;-+lI'ld-P~"a+l..ttFe2Members of the ('it\' Council Bart Miesfeld I Attorney begffii ati 'iC :-Iu beo mmtftee City F2-~