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HomeMy WebLinkAboutItem 27 - Resolution Making a Call to Action Regarding ICE Immigration Enforcement City Manager’s Office www.santa-ana.org/cm Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 1, 2025 TOPIC: Call to Action Regarding ICE Immigration Enforcement AGENDA TITLE Resolution Making a Call to Action Regarding ICE Immigration Enforcement RECOMMENDED ACTION Adopt a resolution calling on all federal elected representatives to advocate for the removal of ICE, military, and federal enforcement personnel from Santa Ana, support residents impacted by immigration raids, and reaffirm the City’s commitment to SB 54, the California Values Act, and its Sanctuary City policies. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MAKING A CALL TO ACTION TO ALL OF ITS FEDERAL ELECTED REPRESENTATIVES IN CONGRESS TO ADVOCATE ON BEHALF OF IMMIGRANTS WHO RESIDE AND WORK IN THE CITY OF SANTA ANA, TO REMOVE ICE, MILITARY AND OTHER FEDERAL ENFORCEMENT PERSONNEL FROM THE CITY OF SANTA ANA, CALL FOR SUPPORT TO THOSE IMPACTED BY IMMIGRATION RAIDS AND CITY ACTIONS AND COMMITMENTS GOVERNMENT CODE §84308 APPLIES: No DISCUSSION As observed in recent ICE immigration raids, the aggressive tactics used by federal immigration agents have heightened tensions in the community, are damaging trust in law enforcement, and are eroding the critical relationship between our residents and the Santa Ana Police Department, and when families are too afraid to report crimes or engage with local authorities, the community is less safe. As a result of the recent ICE immigration raids, there have been noticeable negative economic and social impacts to the community, as fewer people are frequenting commercial and retail establishments, such as local restaurants, grocery stores, medical facilities, places of public accommodation, and entertainment venues, for fear of being targeted by ICE. Call to Action Regarding ICE Immigration Enforcement July 1, 2025 Page 2 5 1 7 7 At the City Council meeting held on June 17, 2025, hundreds of community members attended and provided over five hours of public comment. The overwhelming message was a clear call for the City to take action in support of immigrant families and residents experiencing fear and instability as a result of ongoing federal operations. While the City Council and staff do not have the direct legal authority to force ICE or other federal military or civilian personnel to leave the City, staff presents this Resolution to allow the City Council to call upon all of its federal elected representatives in Congress to advocate on behalf of the people of Santa Ana and others who have been impacted by this issue. Staff had previously been directed to review and consider a policy concerning ICE notifications. After both 1) receiving a letter from the United States Attorney’s Office stating that individuals involved in disclosing ICE information in accordance with such a policy could face possible federal criminal enforcement, and 2) seeing other officials throughout the country face detainment, arrest, or indictment, the City Council held a closed session meeting. In light of continued public concern, the proposed Resolution is presented as a means for the Council to reaffirm its support for the community and pursue action within the limits of its legal authority. ENVIRONMENTAL IMPACT The consideration and approval of the Resolution is not subject to CEQA (“Public Resources Code section 21000 et seq.) because it does not qualify as a “project” under CEQA. The State CEQA Guidelines provide that “[a]n activity is not subject to CEQA if the activity is not a project as defined in Section 15378.” (State CEQA Guidelines, § 15060(c).) FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Submitted By: Sylvia Vazquez, Deputy City Manager Approved By: Alvaro Nuñez, City Manager RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MAKING A CALL TO ACTION TO ALL OF ITS FEDERAL ELECTED REPRESENTATIVES IN CONGRESS TO ADVOCATE ON BEHALF OF IMMIGRANTS WHO RESIDE AND WORK IN THE CITY OF SANTA ANA, TO REMOVE ICE, MILITARY AND OTHER FEDERAL ENFORCEMENT PERSONNEL FROM THE CITY OF SANTA ANA, CALL FOR SUPPORT TO THOSE IMPACTED BY IMMIGRATION RAIDS AND CITY ACTIONS AND COMMITMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: SECTION 1. Findings. A.In recent weeks, elected officials throughout the country, and especially in Southern California, have objected to immigration enforcement actions by the federal administration that many describe as unethical, immoral, and potentially illegal. B.While the City Council of the City of Santa Ana does not have the direct legal authority to force United States Immigration and Customs Enforcement Agency (“ICE”) or other federal military or civilian personnel to leave the City, the City Council calls upon all of its federal elected representatives in Congress to advocate on behalf of the people of Santa Ana to such end. C.The Mayor and City Councilmembers of the City of Santa Ana have listened: they heard the community’s concerns through protests, social media and hundreds of public comments regarding ICE’s presence in the City, and desire to unite and collectively demonstrate they are willing, able and prepared to do more to respond to the significant public outcry and assist within their authority and jurisdiction. D.The City Council desires to ensure that its members, staff, community members and advocates all be mindful of their various roles and authority to act, and that all be committed to ensuring accurate information is communicated and shared so that the entire community can act quickly to support individuals and families impacted. E.The immigration enforcement actions led by ICE have disrupted public safety and spread fear in the City’s immigrant community, especially when Resolution No. 2025-_____ Page 2 there have been reports of legal permanent residents and U.S. citizens being detained for questioning, and when there have been immigration raids at individual’s homes, schools, places of work, places of worship, places of public accommodation, swap meets, grocery stores, medical facilities, and hotels. F.The aggressive tactics used by federal agents have heightened tensions, are damaging trust in law enforcement, and are eroding the critical relationship between our residents and the Santa Ana Police Department, and when families are too afraid to report crimes or engage with local authorities, the community is less safe. G.As a result of the recent ICE raids, there has been noticeable negative economic and social impacts to the community, as less people are frequenting commercial and retail establishments, such as local restaurants, grocery stores, medical facilities, places of public accommodation, and entertainment venues for fear of being targeted by ICE. H.These growing fears about ICE raids have only worsened by President Trump federalizing the California National Guard and deploying the United States Marines to the City of Los Angeles, under a June 7, 2025 Presidential Memorandum which authorizes the deployment of active-duty armed forces anywhere in the United States where protests over ICE activity or other federal functions are either occurring or likely to occur. I.President Trump’s deployment of the California National Guard in downtown Santa Ana caused disruption, anger and protests. J.While President Trump had promised that federal immigration enforcement would focus on targeting criminals, what we have seen on the ground in Santa Ana are stories of racial profiling, arresting people without criminal records, and uneven enforcement, as employers who hire undocumented labor have not appeared to face any consequences. K.The Trump Administration’s decision to redirect vital federal resources away from combating serious crimes, such as drug trafficking, human trafficking, and acts of terrorism, and place focus on targeting hard-working immigrants for primarily civil immigration violations, is a gross misuse of public safety efforts that does not to make our communities safer, but instead instills fear, division, and instability. SECTION 2. A Call to Action to All Federal Elected Representatives to Advocate for the People of Santa Ana. Resolution No. 2025- _____ Page 3 A.The City Council hereby calls upon all of its federal elected representatives in Congress to advocate on behalf of the people of Santa Ana to end ICE’s presence and any military or other federal enforcement personnel presence in Santa Ana assisting ICE’s efforts. B.The City Council calls upon its federal elected representatives to insist that ICE and federal enforcement officers comply with 8 C.F.R. 287.8(c)(iii) to ensure that such officers properly identify themselves as immigration officers who are authorized to execute an arrest and state that the person they are detaining is under arrest. C.The City Council calls upon its federal elected representatives to demand that ICE cease all raids at public places as such activities create fear and disruption in the community. D.The City Council hereby directs staff to send a copy of this Resolution to all elected members of Congress whose jurisdiction covers any part of the City of Santa Ana. SECTION 3. Staff Actions and Sustained Commitment. A.Staff has been directed to work on Federal Freedom of Information Request Letters and to empower elected officials and community members to use this resource to gather information. B.Staff was directed and will continue to support and coordinate with legal service providers under its existing program to ensure immigration services are provided to the community. C.Staff will notify the Mayor and Councilmembers of ICE personnel presence in the City consistent with the legal manner in which elected officials are notified of all other significant law enforcement operations in the City. D.Staff has created a Know Your Rights page on the City’s website which provides links to immigration resources and includes questions and answers. Staff will continue to post up-to-date information as it is received. E.Upon direction of the Council and identification of sufficient funding, Staff will implement direct support to individuals and families impacted by the ICE immigration raids. SECTION 4. Commitment to Accuracy and Historical Facts: Response to Comments A.The City Council directs staff to ensure that all communications from the City are accurate and reflect up-to-date information. Resolution No. 2025-_____ Page 4 B. The City Council declares its continued legal commitment to SB 54 the California Values Act and its Sanctuary City Ordinance. C. The City Council reminds the community that in 2017 the City terminated all contractual relationships with ICE and the City does not use its jail or public facilities to house ICE immigration detainees. D. The City Council confirms that the Santa Ana Police Department does not in any way coordinate or support ICE in its federal immigration enforcement efforts. E. The City Council would, if it had the power, immediately ban ICE from the City of Santa Ana and stop raids. F. The City Council supports Governor Newsom in his efforts to fight the federal government’s use of the California National Guard. G. The City Council reminds the community that the City and its Police Department do not have any jurisdiction whatsoever over federal immigration enforcement. H. The City Council reminds the community that the United States Attorney’s Office for the Central District sent the City a letter stating: “The risk of criminal prosecution for impeding federal investigations is real and my office will not hesitate to prosecute those who impede federal investigations to the full extent permitted by law” and that all individuals should be afforded the right to make personal decisions about risks and the extent to which they are willing to take actions which might subject them to federal criminal prosecution. SECTION 5. A Call to Action by Community Members and Organizations. A. The City Council hereby calls upon all nonprofits, community service organizations, faith-based organizations, businesses and labor unions to work together on a community wide organization or foundation and to contribute time, resources and financial support to assist individuals and families impacted by the ICE immigration raids. B. The City Council also calls upon every member of the community to contribute time, resources and financial support to existing nonprofits, community service organizations, faith-based organizations, businesses and labor unions so that all can unite in the common goal of assisting individuals and families impacted by the ICE immigration raids. Resolution No. 2025-_____ Page 5 SECTION 6. CEQA Determination. The City Council hereby makes the following findings with respect to the California Environmental Quality Act (“CEQA”): This Resolution is not subject to CEQA (“Public Resources Code section 21000 et seq.) because it does not qualify as a “project” under CEQA. The State CEQA Guidelines provide that “[a]n activity is not subject to CEQA if … the activity is not a project as defined in Section 15378.” (State CEQA Guidelines, § 15060(c).) Here, the Resolution does not qualify as a “project” as defined in State CEQA Guidelines section 15378 for at least two different reasons: First, Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (State CEQA Guidelines, § 15378(a).) Here, the Resolution makes a public plea and gives staff direction, which certainly will not result in any direct or reasonably foreseeable indirect physical change in the environment. Accordingly, the Resolution is not a “project” subject to CEQA. (State CEQA Guidelines, § 15060(c).) Second, Section 15378 explicitly excludes from its definition of “project” the following: “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, § 15378(b)(5).) The Resolution authorizes and directs staff to engage in administrative activities that will not result in a physical change in the environment, and it therefore is not subject to CEQA. (Ibid.). In the alternative, the Resolution is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3), which provides that activity is exempt from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Here, the Resolution makes a public plea and gives staff direction, which certainly will not result in any physical alterations or activities that could affect the environment and are not expected to have any significant environmental impact. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. Resolution No. 2025-_____ Page 6 PASSED, APPROVED AND ADOPTED by the City Council of the City of Santa Ana at a regular meeting held this 1st day of July, 2025. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney AYES: Councilmember: NOES: Councilmember: _____ ABSTAIN: Councilmember: NOT PRESENT: Councilmember: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-___ to be the original resolution adopted by the City Council of the City of Santa Ana on July 1, 2025. Date: Jennifer L. Hall City Clerk City of Santa Ana for the City Attorney