THE CITY OF WEST HOLLYWOOD OPPOSING LEGISLATION TO WITHHOLD FEDERAL LAW ENFORCEMENT ASSISTANCE FROM SANCTUARY CITIES."

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1 v, CITY COUNCIL AUGUST 3, 2015 CONSENT CALENDAR SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD OPPOSING LEGISLATION TO WITHHOLD FEDERAL LAW ENFORCEMENT ASSISTANCE FROM SANCTUARY CITIES INITIATED BY: MAYOR LINDSEY HORVATH Christine Safriet, Senior Management Analyst) c tj STATEMENT OF SUBJECT: The City Council will consider adopting a resolution to oppose proposed legislation in the United States Congress that would deny federal public safety funding to sanctuary cities. RECOMMENDATIONS: 1. Adopt Resolution No. 15- "- I3-A, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD OPPOSING LEGISLATION TO WITHHOLD FEDERAL LAW ENFORCEMENT ASSISTANCE FROM SANCTUARY CITIES." 2. Send copies of the signed resolution to California Governor Jerry Brown, Senators Dianne Feinstein and Barbara Boxer, Congressman Adam Schiff, Attorney General Loretta Lynch, State Assembly Member Richard Bloom, State Senator Ben Allen, and California Attorney General Kamala Harris. BACKGROUND ANALYSIS: There are several efforts underway in the United States Congress to deny federal public safety funding to sanctuary cities. The specific definition of a " sanctuary city" changes from bill to bill, but it is generally a state, county, or municipality that has policies or laws in place that limit the extent to which local law enforcement or government employees will assist the federal government on immigration matters. In 1985, the City of West Hollywood joined cities around the nation to memorialize the sanctuary movement and recognize the rights of people fleeing persecution and oppression in their homelands on account of race, religion, nationality, or social or policy affiliation. The City reiterated and expanded its sanctuary status in 2001 for the use, cultivation and distribution of medicinal marijuana, and in 2015 to include LGBTQ immigrant workers of color. A few of the bills or amendments currently underway in Congress would define sanctuary cities" and require the federal government to deny necessary public safety funding: AGENDA ITEM 2. S

2 Representative Kevin Yoder ( R- Kansas) is proposing an amendment to the Homeland Security Spending Bill. The amendment, which was adopted by the House Appropriations Committee on July 14, 2015 on a vote, defined sanctuary cities as: A State or a political subdivision of a State that has in place a statute, policy, or practice that prohibits law enforcement officers of the State, or of the political subdivision, from assisting or cooperating with Federal immigration law enforcement. The amendment would deny sanctuary cities state and local FEMA funds, including: the State Homeland Security Grant Program, the Urban Area Security Initiative, Port Security Grants, Transit Security Grants, and Education, Training Exercises. Firefighter Grants and Emergency Management Performance Grants are in a different account and would not be affected by this amendment. Senator Tom Cotton ( R- Arkansas) has proposed legislation ( S 1117) that would make sanctuary cities ineligible for federal immigration and grants, including COPS and Homeland Security grant funding. law enforcement Senator David Vitter ( R- Louisiana) has proposed legislation that would deny cities Byrne JAG funds. Senator Vitter had planned to introduce his sanctuary legislation on July 21 as an amendment to the education bill on the Senate floor but pulled it with the assurance it would be considered at a Judiciary Committee markup during the current work period. Representative Duncan Hunter ( R- California) has proposed legislation ( HR 3009) that defines a sanctuary city as a state or political subdivision of a state that has in effect any law or policy that " prohibits State or local law enforcement officials from gathering information regarding the citizenship or immigration status, lawful or unlawful, of any individual." HR 3009 would deny sanctuary cities COPS, Byrne JAG funding, and State Criminal Alien Assistance Program funding. Law enforcement organizations, civil rights groups and the U. S. Conference of Mayors have opposed these efforts to crack down on sanctuary cities, arguing that there must be trust between local law enforcement and the communities they serve. The Congressional Hispanic Caucus released a statement calling the bills " anti- immigrant", explaining that " withholding federal funds from jurisdictions that practice communityoriented trust policies jeopardizes the public safety of families." There is not an official list of so- called " sanctuary cities". The Center for Immigration Studies has identified 276 states, counties, and municipalities with sanctuary-type laws, whereas another group, the Immigrant Legal Resource Center, has identified more than 360 jurisdictions. West Hollywood is a self-described sanctuary city per resolutions , , and

3 Resolution No , " A Resolution of the City Council of the City of West Hollywood Setting Forth Policy as Regards Sanctuary" states that " to the extent legally possible, no employee or department of the City will violate established or future sanctuaries by assisting in investigations, public or clandestine; by engaging in or assisting with arrests for alleged violation of immigration laws by the refugees in the sanctuaries or by those offering sanctuary; or by refusing established public services to the established sanctuaries". Resolution No , "A Resolution of the City Council of the City of West Hollywood Declaring the City of West Hollywood as Sanctuary for Medical Cannabis Use, Cultivation and Distribution; supporting the Los Angeles Resource Center" asserts that local, state and federal government has an ethical obligation to provide comfort and relief to those who suffer serious illness in our society" and declares the City " a sanctuary for medical cannabis use, cultivation and distribution." Resolution No , " A Resolution of the City Council of the City of West Hollywood in Support of LGBTQ Immigrant Workers of Color" declares the City " a safe city and sanctuary for lesbian, gay, bisexual, transgender and questioning undocumented immigrants." The proposed legislation in Congress directly contradicts the intent of the City of West Hollywood in approving such resolutions. The City believes that decisions related to how law enforcement agencies prioritize their resources, direct their workforce, and define the duties of their employees must reside with local government leadership. This includes the role of local police officers in the context of enforcing federal immigration laws. Effective policing cannot be achieved by forcing an unwanted role upon the police by threat of sanctions or withholding of law enforcement assistance funding. At a time when law enforcement agencies are working diligently to strengthen community relationships and build trust, legislative proposals to withdraw funding from communities are particularly troubling and counterproductive to those efforts. West Hollywood participates in multiple grants that would be affected by the proposed legislation, and would need FEMA assistance after a disaster. Should the proposed legislation become law, the City's public safety grant funds could be reduced. The City has a longstanding commitment to respecting and supporting all people. The City has consistently opposed initiatives that fail to recognize diversity and tolerance and that discourage safer and more welcoming environments for individuals. CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST HOLLYWOOD GENERAL PLAN: The item is consistent with West Hollywood' s Core Value of Respect and Support for People and the Ongoing Strategic Programs: Collaborative Public Safety Actively Participate in Regional Issues Value and Encourage our Broad Diversity of Cultures,

4 This item is consistent with the following General Plan goals: HS- 1: Maintain and Pursue Humane Social Policies and Social Services that Address the Needs of the Community SN- 8: Provide public safety services in a manner that reflects and is sensitive to the characteristics and needs of the West Hollywood community. EVALUATION: Staff and the City Lobbyist will track any developments related to this issue and, as appropriate, will evaluate and bring recommendations forward to the City Council. ENVIRONMENTAL SUSTAINABILITY AND HEALTH: N/ A OFFICE OF PRIMARY RESPONSIBILITY: Office of Mayor Lindsey Horvath and City Lobbyist. FISCAL IMPACT: None. ATTACHMENT: Resolution No. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD OPPOSING LEGISLATION TO WITHHOLD FEDERAL LAW ENFORCEMENT ASSISTANCE FROM SANCTUARY CITIES."

5 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD OPPOSING LEGISLATION TO WITHHOLD FEDERAL LAW ENFORCEMENT ASSISTANCE FROM SANCTUARY CITIES. WHEREAS, Proposed legislation in the United States Congress would deny federal law enforcement assistance and funding from sanctuary cities; and, WHEREAS, The specific definition of a " sanctuary city" changes from bill to bill, but it is generally a state, county, or municipality that has policies or laws in place that limit the extent to which local law enforcement or government employees will assist the federal government on immigration matters; and, WHEREAS, The approval of such legislation would reduce law enforcement assistance and funding to sanctuary cities across the country, resulting in a loss of resources for public safety efforts in our community and other communities; and, WHEREAS, Law enforcement organizations, civil rights groups and the U. S. Conference of Mayors have opposed these efforts to crack down on sanctuary cities, arguing that there must be trust between local law enforcement and the communities they serve; and, WHEREAS, It is estimated that there could be as many as 360 states, counties, and municipalities that have sanctuary type laws throughout the country that could be affected by such legislation; and, WHEREAS, The City of West Hollywood is a self-described sanctuary city that is committed to the human rights of all people, regardless of their race, religion, nationality, or social or policy affiliation; and WHEREAS, The City of West Hollywood participates in multiple grants that would be affected by the proposed legislation, and would need FEMA assistance after a disaster; and, WHEREAS, The City of West Hollywood believes that decisions related to how law enforcement agencies prioritize their resources, direct their workforce, and define the duties of their employees must reside with local government leadership. This includes the role of local police officers in the context of enforcing federal immigration laws.

6 Resolution No. 15- Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West Hollywood hereby opposes legislation to withhold federal law enforcement assistance from sanctuary cities. PASSED, APPROVED AND ADOPTED THIS 3rd day of August, Lindsey Horvath, Mayor ATTEST: Yvonne Quarker, City Clerk