HomeMy WebLinkAboutItem No. 11 Reso Oppos SB 54 California Values ActText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: RES 2014-081
Agenda Date: 4/24/2018 Status: Approval FinalVersion: 1
File Type: ResolutionIn Control: City Council / Successor Agency
Agenda Number: 11)
Page 1 City of Lake Elsinore Printed on 4/19/2018
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Barbara Leibold, City Attorney
Date:April 24, 2018
Subject:Resolution Opposing SB 54, the California Values Act
Recommendation
Adopt Resolution No. 2018-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA OPPOSING SB 54, THE CALIFORNIA VALUES ACT THAT RESTRICTS
LAW ENFORCEMENT AND ENDANGERS PUBLIC SAFETY.
Background
On October 5, 2017, Governor Brown signed SB 54, the California Values Act, which became
effective January 1, 2018. Among other things, SB 54 generally prohibits law enforcement
agencies in the State of California from using personnel to investigate, interrogate, detain,
detect, or arrest persons for immigration enforcement purposes and limits when those agencies
may transfer an individual to immigration authorities.
On March 6, 2018, Attorney General Jeff Sessions filed a federal lawsuit seeking a judicial
decision that would invalidate and enjoin the enforcement of SB 54 as preempted by federal
immigration laws and therefore in violation of the Supremacy Clause of the U.S. Constitution.
In addition, several local agencies have taken formal action to oppose SB 54. On March 27,
2018, the Orange County Board of Supervisors adopted a Resolution condemning SB 54 for
restricting law enforcement and endangering public safety, and encouraging cities to do the
same. Orange County also joined the federal lawsuit. Numerous cities, including Los Alamitos,
Yorba Linda, Huntington Beach, Mission Viejo, Aliso Viejo, San Juan Capistrano, Laguna
Niguel, Beaumont, the City of Orange, as well as the County of San Diego have adopted similar
resolutions, joined the federal lawsuit, or taken other actions to protect law enforcement's ability
to work with Federal agencies and to avoid the threat to public safety and potential loss of
Federal grant funding by SB 54.
Resolution Condemning SB 54, the California Values Act
Page 2
Discussion
The Supremacy Clause of the United States Constitution provides that the Constitution and
federal laws made in furtherance thereof are the supreme law of the land, notwithstanding any
state laws to the contrary. The federal government has plenary authority over foreign policy and
immigration laws. Federal immigration laws are enforced through its United States executive
agencies, including the Departments of Justice, State, and Labor, and the Department of
Homeland Security, including its component agencies U.S. Immigration and Customs
Enforcement (“ICE”), and the U.S. Customs and Border Protection.
The City Council holds public safety as its highest priority, and opposes measures that threaten
this basic community value.As a City that contracts with the Riverside County Sheriff’s
Department for its police services, the City’s police force follows the law enforcement
procedures that are developed and implemented by the County Sheriff. With the adoption of SB
54, the State of California has restricted the discretion and the ability of law enforcement
agencies in California to cooperate with federal law enforcement about immigration violations of
arrestees and inmates. This may result in the release of dangerous felons into our communities
who would otherwise be eligible for deportation.
Also, these provisions of the California Values Act conflict with Federal law and the United
States Constitution, and since the eligibility to receive Federal grants requires compliance with
federal laws, the City's ability to continue to receive these grants may be in jeopardy. The City
relies on Federal grants to fund community services for as well as street improvement projects.
Staff therefore recommends that the City Council adopt a resolution opposing SB 54.
Fiscal Impact
There is no fiscal impact to adopt the proposed Resolution.
Exhibits
A -Resolution No. 2018-XX, Opposing SB 54, the California Values Act that Restricts Law
Enforcement and Endangers Public Safety
RESOLUTION NO. 2018-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE OPPOSING SB 54, THE CALIFORNIA VALUES ACT THAT
RESTRICTS LAW ENFORCEMENT AND ENDANGERS PUBLIC SAFETY
WHEREAS, the United States government has plenary authority over foreign policy and
immigration laws which are enforced by and through federal executive agencies; and
WHEREAS, on October 5, 2017, Governor Brown signed SB 54, the California Values Act,
which became effective January 1, 2018; and
WHEREAS, the California Values Act impacts Federal immigration law and enforcement by (1)
precluding state and local law enforcement agencies from voluntarily providing to the United
States information about the release date from state or local criminal custody of criminal aliens
who may be subject to removal and are subject to detention by the United States, (2) precluding
state and local officials from voluntarily providing to the United States other information relevant
to the alien’s immigration status, and (3) prohibiting state and local officials from transferring
aliens to the United States when they are scheduled to be released from state or local custody;
and
WHEREAS, the United States has filed a lawsuit against the State of California claiming the
California Values Act is unconstitutional in whole or in part and seeking an injunction against the
enforcement of the California Values Act to stop the interference and crippling effect on law
enforcement and consequential threat to public safety; and
WHEREAS, the City Council of the City of Lake Elsinore holds public safety as its highest
priority and opposes all measures that threaten this basic community value.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1.The Recitals set forth above are true and correct and incorporated herein by
reference.
SECTION 2.The City Council opposes SB 54 as conflicting with the plenary authority of the
federal government over immigration laws, restricting local law enforcement, and endangering
public safety.
SECTION 3.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 of
this Resolution which can be given effect without the invalid provision or application, and to this
end the provisions of this Resolution are severable. The City Council hereby declares that it
would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
SECTION 4.The City Clerk shall certify to the passage and adoption of this Resolution and
enter it into the book of original resolutions.
RESOLUTION NO. 2018-___
Page 2
SECTION 5.This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this day of April 2018.
Natasha Johnson, Mayor
ATTEST:
Susan M. Domen, MMC
City Clerk
RESOLUTION NO. 2018-___
Page 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. ______ was adopted by the City Council of the City of Lake Elsinore,
California, at the regular meeting of April , 2018, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
City Clerk