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11 r wi 8: '`. <br />Mi a i 0 <br />CITY COUNCIL MEETING DATE: <br />DECEMBER 6, 2016 <br />TITLE: <br />i <br />-A�oti� <br />CLERK OF COUNCIL USE ONLY: <br />RESOLUTION TO DECLARE THE CITY <br />OF SANTA ANA A SANCTUARY FOR <br />ALL ITS RESIDENTS, REGARDLESS_ <br />OF THEIR IMMIGRATION STATUS <br />(STRATEGIC PLAN NO. 5, 6F) <br />CITY MANAGER <br />'110=111 a <br />APPROVED <br />❑ As Recommended <br />As Amended <br />[I Ordinance on I" Roading <br />0 Ordinance on 2n° Reading <br />I <br />Implementing Resolution <br />j� Sat Public Wearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />Adopt a resolution declaring the City of Santa Ana a sanctuary for all its residents, regardless of <br />their immigration status. <br />DISCUSSION <br />Based on City Council discussion at the November 16, 2016 meeting, attached is a resolution for <br />City Council consideration (Exhibit 1), <br />In 1966, the LIZ, Congress passed two laws that prohibit state or local governments from <br />restricting communication with the federal government regarding the immigration status of any <br />individual: section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of <br />1996, 6 U,S.C, § 1644, and § 642 of the illegal Immigration Reform and Immigrant Responsibility <br />Act of 1996 (IIRIRA), 6 U.S.C. § 1373. These laws were passed to authorize state and local law <br />enforcement agencies to communicate with federal Immigration authorities regarding the status <br />and presence of unauthorized immigrants In their Jurisdictions. While neither of these statutes <br />mandates cooperation or sharing of information with federal Immigration authorities, both do <br />prohibit any restriction on information sharing between the federal government and state or local <br />government entities or officials, <br />Recently, these provisions have been used to both challenge and support state and local efforts <br />to engage in federal civil Immigration law enforcement, Proponents of state and local <br />Involvement in federal civil immigration law enforcement have argued that these provisions are an <br />expression of Congress's Intent to maximize cooperation among federal, state, and local law <br />enforcement agencies in enforcing federal Immigration laws, Conversely, proponents of less <br />state and local Involvement in federal civil Immigration law enforcement, Including the Obama <br />administratlon, have argued that these provisions preempt certain state and local efforts to <br />55G -1 <br />