HomeMy WebLinkAbout2018-23 - Opposing Senate Bill 54 (California Values Act)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 Le6n, 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.
Resolution No. 2018-23
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.
►. Slim- al%LM11 i
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY A LAY'S OFFICE
I �r�
Aaron C. Harp
City Attorney
za&4--n;J
Marshall "D y" Duffield
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2018-23 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 10th day of April, 2018; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Herdman, Council Member Kevin Muldoon, Council Member Diane
Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will
O'Neill, Mayor Duffy Duffield
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 11th day of April, 2018.
11
bWVK--
Leilanj I. Brown
City Clerk
Newport Beach, California