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CORRESPONDENCE- 50C
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12/20/2016
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CORRESPONDENCE- 50C
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other groups - -no person should feel afraid to interact with their own City officials because of <br />who they are or where they come from. <br />Section 9 already provides that nothing in the City's ordinance ordinance shall be construed or <br />implemented to conflict with any valid and enforceable federal law. The caveat language in <br />Section 4 is unnecessary and harmful. <br />We recommend that the City go back to the language about protecting sensitive information as it <br />was set forth in the resolution, except that we recommend that the City consider adding "status as <br />a crime victim generally" and "biological sex or gender identity" to the list of sensitive <br />information. <br />(2) Section 7(i) (Exemption from Prohibition on Use of City Resources) <br />When the City Council voted to make Santa Ana a sanctuary on December 6, its action stood in <br />stark contrast to the divisive approach President -Elect Donald Trump has taken on immigration. <br />Unfortunately, by including Section 7(f) in the proposed ordinance, the City risks turning its <br />back on some of the most stigmatized members of the immigrant community- -and exactly the <br />community members that the President -Elect is likely to target first. <br />Section 7 ensures that the City of Santa Ana, and the resources and employees paid for by its <br />residents, will not be used to help President Elect Trump carry out his deportation policies. Legal <br />scholars agree that this is within cities' and states' right to decide. In fact, State Senate President <br />Pro Tempore Kevin de Leon introduced a bill a couple weeks ago that would do something very <br />similar at the state level. <br />Section 7 is a critical component of the proposed ordinance that has the potential to truly protect <br />immigrants and improve police- community relations and public safety. However, Section 7(f) <br />abandons these protections for a broad group of people: any person with a pending felony <br />charge, any felony conviction (with no limitation as to the nature of the offense, its date or <br />sentence) or any outstanding criminal arrest warrant. <br />Diverting SAPD's resources to work with the Trump Administration on deporting this group of <br />people rather than focusing on the the Police Department's core mission of criminal law <br />enforcement would be a mistake. First, some of the actions prohibited by Section 7 are illegal for <br />a local police agency to take. Section 7(f) therefore appears to invite the SAPD to violate the <br />constitutional rights of a particular group. Second, immigrants who have felony convictions have <br />done their time; oftentimes, they are already on the path to rehabilitation. Referring them for <br />deportation is like subjecting them to a second punishment for their crime, one that may be far <br />more severe than their criminal sentence. And third, 7(f) is drafted so broadly that it reaches even <br />
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