HomeMy WebLinkAbout13 - Adoption of Resolution No. 2018-23 Opposing Senate Bill 54 (California Values Act)PORT CITY OF
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City Council Staff Report
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April 10, 2018
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Aaron Harp, City Attorney - 949-644-3131,
aharp@newportbeachca.gov
PREPARED BY: Michael Torres, Assistant City Attorney
TITLE: Adoption of Resolution No. 2018-23 Opposing Senate Bill 54
(California Values Act)
ABSTRACT:
On October 5, 2017, California Governor Jerry Brown approved Senate Bill ("SB") 54,
which 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, and limits when California law enforcement agencies
may transfer an individual to immigration authorities. Prior to its adoption, on August 8,
2017, the City Council directed the City Manager to send a letter opposing SB 54 to Kevin
de Leon, President pro Tempore of the California State Senate and sponsor of SB 54.
On March 6, 2018, Attorney General Jeff Sessions filed a federal lawsuit to overturn
portions of SB 54 because they are preempted by federal immigration laws. Since the
filing of the federal lawsuit, a number of local agencies have taken action to register their
opposition to SB 54. This agenda item provides the City Council with the opportunity to
formally oppose SB 54 through the adoption of the attached resolution.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Adopt Resolution No. 2018-23, A Resolution of the City Council of the City of Newport
Beach, California, Opposing Senate Bill 54 (California Values Act).
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
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Adoption of Resolution No. 2018-23 Opposing Senate Bill 54 (California Values Act)
April 10, 2018
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DISCUSSION:
The Supremacy Clause of the United States Constitution mandates that the Constitution
and federal laws made in furtherance thereof are the supreme law of the land
notwithstanding any state laws to the contrary. The federal government regulates
immigration under its constitutional and statutory authorities through a series of federal
laws, and enforces the 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.
On August 8, 2017, while SB 54 was under consideration in the California Legislature,
the City Council directed the City Manager to send a letter opposing SB 54 to Kevin de
Leon, President pro Tempore of the California State Senate and sponsor of SB 54. The
letter emphasized the City of Newport Beach's concerns that SB 54 could create
roadblocks and ambiguity when the Newport Beach Police Department participates in
crime suppression activities that may involve (but not target) undocumented persons in
addition to U.S. citizens and residents and result in inquiries from federal ICE officials.
On October 5, 2017, Governor Jerry Brown approved SB 54, which became effective
January 1, 2018 and, 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 and limits when California
law enforcement agencies may transfer an individual to immigration authorities. SB 54
also creates affirmative obligations for California law enforcement agencies to report
certain data regarding transfers of individuals to federal immigration authorities.
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. On March 6, 2018, the federal government filed a complaint in the
United States District Court, Eastern District of California for the case entitled United
States of America v. State of California, et al. (Case No. 2:18-cv-00490-JAM-KJN)
seeking a judicial declaration invalidating and enjoining the enforcement of provisions of
SB 54 as preempted by federal immigration laws and therefore in violation of the
Supremacy Clause of the United States Constitution.
Additionally, several local agencies have taken formal action opposing SB 54. For
example, on March 19, 2018, the City of Los Alamitos introduced an ordinance exempting
itself from SB 54. Further, on March 27, 2018, the Orange County Board of Supervisors
voted to intervene in the federal lawsuit against SB 54. The attached resolution formally
expresses the City's opposition to SB 54.
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Adoption of Resolution No. 2018-23 Opposing Senate Bill 54 (California Values Act)
April 10, 2018
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ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Resolution No. 2018-23
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ATTACHMENT A
RESOLUTION NO. 2018-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, OPPOSING
SENATE BILL 54 (CALIFORNIA VALUES ACT)
WHEREAS, the Supremacy Clause of the United States Constitution provides the
"Constitution, and the Laws of the United States which shall be made in Pursuance
thereof ... shall be the supreme Law of the Land ... any Thing in the Constitution or Laws
of any State to the Contrary notwithstanding";
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;
WHEREAS, on October 5, 2017, California Governor Jerry Brown approved
Senate Bill ("SB") 54, which enacted California Government Code Sections 7284 et seq.
entitled the "California Values Act";
WHEREAS, SB 54 became effective January 1, 2018 and, 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 and limits when California law enforcement agencies may transfer
an individual to immigration authorities. SB 54 also creates affirmative obligations for
California law enforcement agencies to report certain data regarding transfers of
individuals to federal immigration authorities;
WHEREAS, the City Council has a history of opposition to SB 54, which includes
the City Council's direction on August 8, 2017, for the City Manager to send a letter in
opposition to SB 54 to Kevin de Leon, President pro Tempore of the California State
Senate and sponsor of SB 54;
WHEREAS, the City Council's opposition emphasized the City of Newport Beach's
concerns that SB 54 could create roadblocks and ambiguity when the Newport Beach
Police Department participates in crime suppression activities that may involve (but not
target) undocumented persons in addition to U.S. citizens and residents and result in
inquiries from federal ICE officials;
WHEREAS, on March 6, 2018, Attorney General Jeff Sessions filed a federal
lawsuit in the United States District Court, Eastern District of California for the case
entitled United States of America v. State of California, et al. (Case No. 2:18-cv-00490-
JAM-KJN) seeking a judicial declaration invalidating and enjoining the enforcement of
provisions of SB 54 as preempted by federal immigration laws and therefore in violation
of the Supremacy Clause of the United States Constitution; and
WHEREAS, the City of Newport Beach respects and supports the United States
Constitution.
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Resolution No. 2018 -
Page 2 of 2
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council is committed to protecting the City of Newport Beach'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 publically state its opposition to SB
54.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: 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, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: 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) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 10th day of April, 2018.
Marshall "Duffy" Duffield
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY r7S OFFICE
I
C
Aaron C. arp
City Attorney
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