A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECLARING THE CITY OF SANTA ANA A SANCTUARY FOR ALL ITS RESIDENTS, REGARDLESS OF THEIR IMMIGRATION STATUS
WHEREAS, the City of Santa Ana has long embraced and welcomed individuals of diverse racial, ethnic, religious, and national backgrounds, including a large immigrant population: and
WHEREAS, immigration has been the cornerstone of the City of Santa Ana, the region, the state, and the nation’s development throughout our history: and
WHEREAS, the City of Santa Ana welcomes, honors and respects the contributions of all of its residents, regardless of their immigration status; and
WHEREAS, Santa Ana’s immigrant families contribute to the economic and social fabric of the City by establishing and patronizing businesses, contributing to arts and culture and achieving significant educational accomplishments; and
WHEREAS, fostering a relationship of trust, respect, and open communication between City officials and residents is essential to the City’s mission of delivering efficient public services in partnership with our community wh1ch ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents; and
WHEREAS, the City of Santa Ana seeks to continue to foster trust between City officials and residents, to protect limited local resources, to encourage cooperation between residents and City officials, including especially law enforcement officers and employees, and to ensure public safety, and due process for all; and
WHEREAS, the conflation of federal civil immigration law enforcement and local criminal law enforcement experienced in other communities has resulted in considerable erosion of public safety by creating social distance between law enforcement officers and the community; and
WHEREAS, the City of Santa Ana desires to address the fears and concerns of its residents in relation to an individual’s immigration status while at the same time being mindful that it must maintain positions on federal policy that do not affect the financial stability of the City of Santa Ana in ways that are detrimental to the health and safety of Its residents; and
WHEREAS, many cities and towns throughout the United States have adopted resolutions, ordinances, policies, and practices to demonstrate their commitment to equal, respectful and dignified treatment of all people, regardless of their immigration status, and as result may be referred to as "Sanctuary Cities"; and
WHEREAS, the City of Santa Ana desires to similarly demonstrate its commitment to its residents by unequivocally stating that It will provide a sanctuary to all residents who are fearful by assuring them that the City will not expend any funds, nor use its resources, including staff to administer federal immigration law which is the exclusive authority of the federal government;
NOW THEREFORE, the Santa Ana City Council does hereby resolve as follows: Section 1: The City of Santa Ana is a sanctuary for all its residents, regardless of their immigration status.
Section 2: City of Santa Ana officials, including its law enforcement officers, shall not administer federal immigration law which is the exclusive authority of the federal government.
Section 3: City of Santa Ana officials, including its law enforcement officers shall not take any direct action against an individual solely because of his or her immigration status.
Section 4: The City of Santa Ana will take all of the following actions:
(1) Protect Sensitive Information: The City shall adopt a policy applying to all City departments prohibiting such departments, officers, employees or agents from inquiring into, maintaining or disclosing sensitive information about residents except to the extent necessary to provide the service in question or as required by law. Sensitive information includes information of a personal nature or about private attributes, such as status as a victim of domestic violence or sexual assault, status as a crime witness, sexual orientation, immigration status, disability status, or status as a recipient of public assistance.
(2) Restrict Use of City Resources: The City shall adopt a policy affirming its commitment to preventing biased-based policing and disallowing the use of any City monies, facilities, property, equipment or personnel, unless contractually obligated, for the following:
(a) Immigration enforcement, including but not limited to:
-Identifying, investigating, arresting, or detaining any person solely on the basis of a suspected violation of immigration law;
-Honoring any civil immigration detainer or request to detain or notify federal authorities about the release of any individual for immigration purposes; and
-Providing federal authorities with non-publicly available information about any individual for immigration purposes,
(b) Enforcement of any federal program requiring the registration of individuals on the basis of religious affiliation, national or ethnic origin.
(c) Nothing in this section shall prevent the City from responding to a lawfully issued judicial warrant or subpoena.
(d ) The City has contractual obligations that it has voted to phase out and is taking various actions to implement that vote.
(3) Discretion in Policing: As it is the policy of the City to exercise appropriate discretion in the enforcement of state and local laws, the City will adopt a policy to encourage and guide officers in continuing to exercise discretion in determining whether to cite and release individuals or book them into a local detention facility or county jail based on the nature of the crime committed.
(4) Training and Oversight: The City will ensure that the policies called for in this Resolution are disseminated and appropriate training is provided to all affected officers, employees and agents of the City and the City will explore the feasibility of establishing a commission or task force composed of community members to advise the City Council on implementation and monitoring of the policies called for in this Resolution.
Section 5: Nothing in this Resolution shall be construed or implemented to conflict with any obligation imposed by federal law. City staff shall monitor any efforts by the federal government to withhold or withdraw federal funding as a result of the City’s policies to protect and defend its immigrant community and shall take all actions necessary to protect such funding.
Section 6: The Clerk of the Council shall certify to the passage and adoption of this resolution and enter It into the book of original Resolutions.
Section 7: This Resolution shall take effect immediately upon its adoption.
Section 8. The Mayor shall sign this Resolutlon, and the City Clerk shall attest
and certify to the passage and adoption thereof. ADOPTED this 61h day of December, 2016.