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RESOLUTION NO. 2023-059 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA SUPPORTING ASSEMBLY BILL 1306 (The <br />HOME Act) <br />WHEREAS, refugees and immigrants are a vital part of California's heart and <br />identity, and the City of Santa Ana recognizes the humanity of all people who call our <br />community home, <br />WHEREAS, California's criminal justice system unjustly and disproportionately <br />harms Black, Latinx, Indigenous, and Asian and Pacific Islander American communities. <br />WHEREAS, in recent years, the Legislature and California voters have <br />demonstrated a strong commitment to reforming our criminal system and ending mass <br />incarceration by enacting various landmark reforms. Through these reforms, certain <br />incarcerated individuals have the opportunity to be considered for resentencing or <br />release. <br />WHEREAS, despite these reforms, when California's prisons voluntarily and <br />unnecessarily transfer immigrant and refugee community members eligible for release <br />from state custody to U.S. Immigration and Customs Enforcement (ICE) for immigration <br />detention and deportation purposes, they subject these community members to double <br />punishment and further trauma. This double -punishment devastates families and <br />deprives our communities of beloved leaders who are eager to positively contribute to <br />society. If not because of where they were born, these community members would be <br />allowed to return home to their families and communities. <br />WHEREAS, immigrant community members can be incarcerated by ICE, often <br />for prolonged periods and with no right to bail, and deported, permanently banishing <br />them from the country, from their families, their homes, their livelihoods and "all that <br />makes life worth living." Ng Fung Ho v. White, 259 U.S. 276, 284 (1922). The Supreme <br />Court has repeatedly acknowledged that for many people, deportation is a more severe <br />penalty than any jail sentence. See, e.g., Lee v. United States, 137 S.Ct. 1958, 1968 <br />(2017); Padilla v. Kentucky, 559 U.S. 356, 364 (2010). <br />Resolution No. 2023-059 <br />Page 1 of 4 <br />