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50C - ORD - SANCTUARY CITY
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50C - ORD - SANCTUARY CITY
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Last modified
3/3/2017 2:57:16 PM
Creation date
12/15/2016 5:51:45 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Manager's Office
Item #
50C
Date
12/20/2016
Destruction Year
2021
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Ordinance Relating to the City's Procedures Concerning Immigration Status <br />December 20, 2016 <br />Page 2 <br />1996, 8 U.S.C. § 1644, and § 642 of the Illegal Immigration Reform and Immigrant Responsibility <br />Act of 1996 (IIRIRA), 8 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 />administration, have argued that these provisions preempt certain state and local efforts to <br />engage in immigration enforcement by drawing limits on the nature of non-federal engagement in <br />immigration enforcement. <br />While many state and local jurisdictions throughout the United States have adopted polices or <br />practices that limit their own jurisdictions' federal civil immigration law enforcement efforts, the <br />federal government has not made a formal legal determination as to whether those state and <br />local laws or policies violate these provisions. And although there is no legal definition, these <br />laws or policies are sometimes referred to as "sanctuary policies", while the jurisdictions <br />themselves are sometimes referred to as "sanctuary cities" or "sanctuary jurisdictions". <br />Through various forms of official communications from U.S. President-elect Donald J. Trump, he <br />has expressed his opposition to "sanctuary policies" and "sanctuary cities". For example, in <br />October 2016, President-elect Trump released his 100 -day action plan to Make America Great <br />Again, which states that he will "cancel all federal funding to Sanctuary Cities". During his <br />campaign, President-elect Trump's rhetoric has incited fear among many individuals throughout <br />the United States, particularly among individuals who identify as being part of a marginalized, <br />minority, and/or unprivileged group. In response to President -Elect Trump's plan, local officials in <br />more than ten major cities, including San Francisco, Oakland, Los Angeles, New York, Chicago <br />and Washington, D.C., reaffirmed their commitment to upholding their status as "sanctuary cities", <br />even in the face of uncertainty from the federal government. <br />Furthermore, many cities and towns throughout the United States have adopted or enacted <br />resolutions, ordinances, policies, and practices to demonstrate their commitment to equal, <br />respectful, and dignified treatment of all people, regardless of their immigration status, and as a <br />result may be referred to as a "Sanctuary City", even though there is no legal definition for <br />"Sanctuary City". By adopting Resolution No. 2016-086, the City of Santa Ana similarly <br />demonstrated its commitment to its residents by unequivocally stating that it will provide a <br />sanctuary to all residents who are fearful by assuring them that the City will not expend any <br />funds, nor use its resources, including staff, to administer federal immigration law which is the <br />50C-2 <br />
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