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HomeMy WebLinkAboutReso 2010-173RESOLUTION NO. 2010-173 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REGARDING NATIONAL IMMIGRATION ISSUES 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, national origin, 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 United States 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 regarding immigration status inquiries change from current policies established by the Chief of Police; and WHEREAS, the Chula Vista City Council believes federal funds should be used to enforce national immigration law and not for promoting racial profiling or any other form of discrimination; and WHEREAS, the City of Chu]a 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 WHEREAS, the Chula Vista City Council is interested in policies and actions that unite our community and not divide it; and Resolution No. 2010-173 Page 2 WHEREAS, all Chula Vistans deserve to feel safe and at ease in their community; and WHEREAS, on April 23, 2010, the State of Arizona enacted Senate Bill 1070 (Support Our Law Enforcement and Safe Neighborhoods Act, hereinafter called "AZ SB1070",) bringing discussion of the immigration issue to the forefront; and WHEREAS, AZ SB1070 makes it a state crime - a misdemeanor - to fail to carry immigration papers and allows people to sue local government or agencies if they believe federal or state immigration law is not being enforced; and WHEREAS, AZ SB1070 gives local law enforcement broad power to detain "when practicable" anyone reasonably suspected of being in the country without authorization and to verify their immigration status with federal officials, unless doing so would hinder an investigation or emergency medical treatment; and WHEREAS, AZ SB1070 may undermine the United States Constitution, which grants Congress exclusive power over immigration legislation and recent reports indicate that it will be challenged by the United States Justice Department; and WHEREAS, United States President Barack Obama and the United States Conference of Mayors, led by Phoenix Mayor Phil Gordon, have criticized AZ SB 1070 and have urged Congress to take up the issue nationally; and WHEREAS, due to our location near the International Border, this issue is also of great concern to the City of Chula Vista and its residents. that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista 1. We reaffirm our City Policy regarding Adult Undocumented Persons, recognizing and valuing the diversity of our community, while ensuring safety and the well being of all persons, regardless of their immigration status; and 2. We strongly oppose AZ SB 1070 and: a) urge the Federal Government to prioritize immigration reform, and: b) urge the California Governor and our California legislative delegation to oppose AZ SB 1070 and any form of law similar in nature; and 3. We duect the City Clerk to send a copy of this resolution to the following: a) United States President Barack Obama; b) California Senators Barbara Boxer and Diane Feinstein; c) California Representative Bob Filner; d) the House Judiciary Committee Chair, John Conyers Jr.; e) House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security & International Law Chair, Zoe Lofgren; f) Senate Judiciary Committee Chair, Patrick Leahy; and g) Judiciary Subcommittee on Immigration, Refugees & Border Security Chair, Chuck Schumer. Resolution No. 2010-173 Page 3 Presented by 7 `~ - ~, n' Mitch Thompson Cou~ilmember Pamela Bensoussan Councilmember Approved as to form by / v~ G'~ °O Bart C. Miesf City Attorn PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of June 2010 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda and Thompson NAYS: Councilmembers: Cox ABSENT: Councilmembers: Ramirez n.~..on~ Cheryl ox, ~ayor ATTES/T~ /~,~~ b~N7~^' Donna R. Norris, CMC~ City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2010-173 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of June 2010. Executed this 22nd day of June 2010. ~~~o~ Donna R. Norris, CMC, City Clerk