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HomeMy WebLinkAbout55B - RESO - US PRES. EXEC ORDER RE: IMMIGRATIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2017 TITLE: RESOLUTION CONDEMNING THE JANUARY 2017 PRESIDENTIAL EXECUTIVE ORDERS ON IMMIGRATION ENFORCEMENT AND REFUGEES (STRATEGIC PLAN NO. 5, 6F) I CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: QW90401WO El As Recommended 1-1 As Amended F-1 Ordinance on 1 a' Reading 0 Ordinance on 2n' Reading R Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution condemning the January 2017 Presidential Executive Orders on immigration enforcement and refugees. DISCUSSION At the February 7, 2017 meeting, by a vote of 4-2 (Pulido and Villegas dissented; Martinez absent), the City Council directed staff to prepare a resolution condemning President Trump's anti -immigrant Executive Orders regarding withholding funds from sanctuary cities and barring certain immigrants and refugees from Muslim -majority countries from entering the United States (Exhibit 1). Shortly after his inauguration, U.S. President Donald Trump issued three Executive Orders pertaining to immigration issues. On January 25, 2017, President Trump issued "Executive Order: Border Security and Immigration Enforcement Improvements", which directs federal funding to the construction of a physical wall or similarly secure, contiguous, and impassable physical barrier along the Mexico -U.S. border. It instructs the Secretary of Homeland Security to prepare congressional budget requests for the wall and to "end the abuse of parole and asylum provisions" pertaining to the removal of undocumented immigrants. Other sections of the Executive Order include the hiring of 5,000 additional Border Patrol agents, the building of facilities to detain undocumented immigrants at or near the Mexico -U.S. border, and ending "catch -a nd-re lease" protocols, in which immigrants are routinely released in the United States shortly after their apprehension for violations of immigration law, That same day, President Trump also issued "Executive Order: Enhancing Public Safety in the Interior of the United States". This Executive Order provides the Secretary of Homeland Security with the authority to designate a jurisdiction as a sanctuary jurisdiction, and to ensure that those 5513-1 Resolution Condemning the January 2017 Presidential Executive Orders February 21, 2017 Page 2 jurisdictions are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary of Homeland Security. Finally, on January 27, 2017, President Trump issued "Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States", which suspends all refugee admissions for 120 days, bars entry of all people from the Muslim -majority countries of Iraq, Iran, Libya, Somalia, Syria, Sudan, and Yemen for a period of 90 days, and suspends the Syrian refugee program indefinitely. On February 9, 2017, the United States Court of Appeals for the Ninth Circuit upheld a lower federal court ruling that blocked enforcement of this Executive Order, finding in part that the government had shown "no evidence" that anyone from these seven nations had committed terrorist acts in the United States. The City of Santa Ana is home to immigrants and refugees. According to the U.S. Department of State's Bureau of Population, Refugees, and Migration, 7,909 refugees have resettled in communities throughout California in Fiscal Year 2016 alone. Furthermore, the U.S. Census Bureau's 2015 American Community Survey reports that approximately 46 percent of the City's population consists of foreign -born individuals. During the February 7, 2017 meeting, the City Council expressed concerns regarding the adverse impacts that President Trump's Executive Orders may have on the community. Consistent with the direction provided, staff prepared a resolution for consideration that is responsive to their discussion. Additionally, to better understand the context of the resolution, staff identified and reviewed resolutions of similar content from twelve other jursidictions from seven different states. This resolution is indicative of the City's commitment to social justice and inclusion. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective 6 (focus projects and programs on improving the health and wellness of all residents), Strategy F (incorporate health, wellness, and equity into all applicable policies and plans). FISCAL IMPACT There are no fiscal impacts associated with this item. Exhibit: 1. Resolution 55B-2 jmf 2-15-17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONDEMNING THE JANUARY 2017 PRESIDENTIAL EXECUTIVE ORDERS ON IMMIGRATION ENFORCEMENT AND REFUGEES Whereas, the City of Santa Ana has long embraced and welcomed individuals of diverse racial, ethnic, religious, and national backgrounds, including a large immigrant population; and Whereas, according to the U.S. Department of State, 7,909 refugees have resettled in communities throughout California in Fiscal Year 2016 alone, and the U.S. Census Bureau's 2015 American Community Survey reports that approximately 46 percent of the City's population consists of foreign -born individuals; and Whereas, the City of Santa Ana welcomes, honors, and respects the contributions of all of its residents, regardless of their immigration status; and Whereas, immigrants and their families in Santa Ana contribute to the economic and social fabric of the City by establishing and patronizing businesses, participating in the arts and culture, and achieving significant educational accomplishments; and Whereas, fostering a relationship of trust, respect, and open communication between City officials and residents is essential to the City's mission of delivering efficient public services in partnership with our community, which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents; and Whereas, the City of Santa Ana seeks to continue to foster trust between City officials and residents to protect limited local resources, to encourage cooperation between residents and City officials, including law enforcement officers and employees, and to ensure public safety and due process for all; and Whereas, in recognition of the City's continued commitment to the equal, respectful, and dignified treatment of all people, the City Council, on December 6, 2016, adopted Resolution No. 2016-086 declaring the City of Santa Ana a sanctuary for all its residents, regardless of their immigration status; and Whereas, on January 17, 2017, the City Council further enacted Ordinance No. NS -2908 to establish procedures consistent with Resolution No. 2016-086, including a prohibition on the use of City funds, resources, facilities, property, equipment, or personnel to assist in the enforcement of federal immigration law, unless such assistance is required by any valid and enforceable federal or state law; and EXHIBIT 1 Resolution No. 2017 -XXX Page 1 of 4 55B-3 jmf 2-15,17 Whereas, on January 25, 2017, President Donald J. Trump signed an executive order entitled "Enhancing Public Safety in the Interior of the United States" with a stated purpose to denyfederal funds to anyjurisdiction designated by the United States Attorney General as a sanctuary jurisdiction; and Whereas, on January 25, 2017, President Donald J. Trump signed an executive order entitled "Border Security and Immigration Enforcement Improvements" that directed federal funds to be used to build a wall on the southern border of the United States with Mexico; and Whereas, on January 27, 2017, President Donald J. Trump signed an executive order entitled "Protecting the Nation from Foreign Terrorist Entry Into the United States" that suspended all refugee admissions for 120 days, barred entry of all people from the Muslim -majority countries of Iraq, Syria, Iran, Libya, Somalia, Sudan, and Yemen for a period of 90 days, and suspended the Syrian refugee program indefinitely; and Whereas, on February 9, 2017, the United States Court of Appeals for the Ninth Circuit upheld a lower federal court ruling that blocked enforcement of the January 27, 2017 Executive Order, finding in part that the government had shown "no evidence" that anyone from these seven nations had committed terrorist acts in the United States; and Whereas, the City Council of the City of Santa Ana believes that the above Executive Orders strongly betray the longstanding principles, values, and traditions of not only the City of Santa Ana but also those of the United States of America. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City of Santa Ana hereby condemns President Donald J. Trump's Executive Order of January 27, 2017, often referred to as the "Travel Ban", on the basis that it is contrary to the values of openness and inclusion of the City of Santa Ana and to the !deals upon which the United States of America was founded as a population of persons that at one time were all immigrants or refugees from some other country. Section 2. The City of Santa Ana hereby further condemns President Trump's Executive Order of January 27, 2017 on the grounds that It is contrary to the fundamental right of due process, serves to separate families, and sends the message that refugees and immigrants, those persons upon which the fabric of American life has been built, are no longer welcome. Section 3. The City of Santa Ana hereby condemns President Trump's Executive Order of January 25, 2017, threatening to withdraw federal funding from jurisdictions determined to be sanctuary jurisdictions on the grounds that it attempts to federalize local law enforcement, interferes with the ability of local law enforcement to EXHIBIT 1 Resolution No. 2017 -XXX Page 2 of 4 55B-4 Jmf 2-15-17 investigate criminal activity and protect its residents, is unconstitutional, and threatens to reduce or eliminate services to Santa Ana residents that are due them by the government, Section 4. The City of Santa Ana implores President Trump to repeal the Executive Orders of January 25, 2017 and January 27, 2017, on the basis that they are contrary to traditional American values of acceptance, inclusion, and the idea of the American Dream, Section 5. Copies of this Resolution, as filed with the Clerk of Council, shall be sent by the Clerk of Council to the President and Vice President of the United States, the Majority and Minority Leader of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and every member of Congress elected from the City's geographic area, Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: (/John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Counclimembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2017. Miguel A. Pulido Mayor EXHIBIT 1 55B-5 Resolution No. 2017 -XXX Page 3 of 4 Imf 2-15-17 CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 201 7 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana EXHIBIT 1 55B-6 Resolution No, 2017 -XXX Page 4 of 4