1 STAFF REPORT
DATE: February 11, 2025
TO: Justin Hess, City Manager
FROM: Courtney Padgett, Assistant City Manager
Ray Johal, Senior Assistant City Attorney
VIA: Joseph McDougall, City Attorney
Michael Albanese, Chief of Police
SUBJECT: Adoption of a Resolution Strengthening and Expanding the City’s Commitment for a Welcoming, Safe, and Inclusive Community to All, Regardless of Immigration Status
RECOMMENDATION
Adopt a RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK STRENGTHENING AND EXPANDING THE CITY’S COMMITMENT TO A
WELCOMING, SAFE, AND INCLUSIVE COMMUNITY FOR ALL , REGARDLESS OF IMMIGRATION STATUS.
BACKGROUND
At the January 28, 2025 , City Council meeting , in response to a request from Mayor Perez, Council received a first step report to consider declaring Burbank as a sanctuary city. Council engaged in discussion on existing state law and Burbank Police Department (BPD) policy, the state of federal immigration enforcement, and its related impacts and potential implications for members of the community and the City . Council also emphasized the importance of being a city committed to valuing inclusivity, diversity, equity, and safety for all community members.
DISCUSSION
Existing State Law and Burbank Police Department Policy The California Values Act ( Senate Bill 54), effective January 1, 2018, restricts local law enforcement cooperation with federal immigration authorities , except in cases involving serious or violent crimes. As a California municipality, Burbank is subject to SB 54, which
2 specifically prohibits local law enforcement from using resources to investigate, question, detain, detect, or arrest individuals for immigration enforcement purposes. This includes:
• Inquiring into an individual’s immigration status.
• Detaining an individual based on a federal immigration authority hold request. • Providing information regarding a person’s custody release date or responding to requests for notification by providing release dates or other information unless that information is available to the public.
• Providing personal information about an individual, including, but not limited to, home address or work address unless that information is available to the public. • Making or intentionally participating in arrests based on civil immigration warrants. • Participating in immigration enforcement activities, such as sweeps or acting as immigration agents.
BPD policy 428 Immigration Violations/Truth Act aligns with the requirements of SB 54 and provides guidelines for immigration -related interactions. Key aspects of the policy include:
• Prohibiting the use of Department or City resources for federal immigration enforcement, except in cases involving serious crimes.
• Implementing processes for victims and witnesses to feel safe reporting crimes regardless of immigration status.
• Processing U visa (for victims of certain crimes who have suffered mental or physical abuse) and T visa (for victims of human trafficking) requests for crime victims.
• Transparency through annual reporting and mandatory staff training.
Expansion of Provisions to All City Personnel
Current state law and City policy appl y only to police department personnel. Council recognizes that federal immigration enforcement activities can potentially impact all areas of City services and personnel. To safeguard the rights of all community members, the City shall expand the requirements of SB 54 and BPD policy 428 - restricting the use of resources for and limiting cooperation with immigration enforcement - to apply to all City personnel and resources through a Citywide policy.
As per Council’s direction, the proposed resolution aligns with SB 54 and BPD policy 428 and expands the provisions Citywide as follows:
• Restricts the use of City personnel and resources from involvement in federal immigration enforcement.
3 • Directs that no City employee shall collect or disclose immigration related information, except as required by law.
Additionally, the resolution acknowledges that enforcement of federal immigration law is solely the responsibility of the federal government and affirms that no City department, including BPD, has a duty to enforce immigration laws.
To uphold transparency and accountability, the City Manager shall administer this policy, monitor compliance, implement reporting processes, and take measures as appropriate for noncompliance with Council’s policy direction . Additionally, a public education program will be developed to inform community members of their rights under local, state, and federal immigration laws and provide access to available resources . As part of this education program, the City launched a new “Know Your Rights” webpage on February 4, 2025, that provides details about existing laws, community resources, and Council actions, and will be updated to ensure community members are informed of their rights.
The City will seek opportunities to work with community -based organizations as appropriate to further the community’s understanding of laws, City policies, and their rights.
ENVIRONMENTAL REVIEW
This activity has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
FISCAL IMPACT
There is no fiscal impact associated with this report.
CONCLUSION
The City of Burbank is a community that values inclusi vity, diversity, equity, and safety for all. The City understands that immigration enforcement and policies profoundly impact the lives of members of our community and recognizes the importance of compassionate, thoughtful approaches to address complex challenges related to immigration and community trust.
Adopting the proposed resolution enacts a Citywide policy restricting the use of the City personnel and resources in immigration enforcement, prohibiting the collectio n and disclosure of immigration information unless necessary to provide a City service or as otherwise required by law, implement ing processes for monitoring compliance , and developing a community education program.
4 This resolution assures that all community members can access and utilize City services and programs , repor t crimes, and participat e in community life without concern of immigration-related repercussions from local officials, safeguarding the rights and dignity of all members of the Burbank community regardless of immigration status.
ATTACHMENT
Attachment 1 – Resolution