DATE: April 20, 2026
TO: Mayor and Members of the City Council
FROM: Stefan Chatwin, City Manager
DEPARTMENT: City Manager
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FOSTER CITY REGARDING CLARIFYING THE CITY'S
RESPONSE TO POTENTIAL IMMIGRATION ENFORCEMENT
ACTIONS
RECOMMENDATION
It is recommended that the City Council consider adopting a Resolution regarding responding to potential federal immigration enforcement actions that seek to use City property for enforcement purposes.
EXECUTIVE SUMMARY
This Resolution seeks to clarify any City response to federal immigration enforcement actions that do not comply with state laws and City policies.
BACKGROUND
On February 27, 2026, Council directed Staff, at the request of Councilmember Venkat, to bring forward a resolution requesting to ban federal immigration authorities from City property or facilities and outlining what steps would be taken if City policy or state law is broken.
In recent months, federal immigration officials, including the United States Immigration and Customs Enforcement (ICE), have conducted immigration enforcement activities across the nation, including in various California communities. In some instances, these actions have resulted in heightened fear, disruption to local economies, and tension between local and federal authorities. Reports from several jurisdictions indicate that the presence of large numbers of armed federal agents has caused concern among residents and impacted community trust.
In response, a number of local jurisdictions, including the County of San Mateo, have adopted policies prohibiting the use of City or County owned facilities for civil immigration enforcement activities. A list of these cities and counties with their adopted policies is shown in Attachment 2.
ANALYSIS
The City owns and controls certain properties throughout the City. Properties used by the public are maintained by City staff for the benefit and enjoyment of City residents and visitors, and in some cases are used to generate revenue through leases, rentals, and permitted events.
These facilities are intended to serve community serving purposes — including recreation, civic engagement, public services, and economic activity — and are not designated for federal immigration enforcement operations, which are within the sole authority and jurisdiction of the federal government.
The proposed Resolution would formally prohibit the use of City-owned or City- controlled property for civil immigration enforcement activities. The intent is to ensure that City facilities remain accessible and welcoming spaces for all community members and are used only for their intended public purposes.
Consistent with state law, the Foster City Police Department (FCPD) has a long history of building strong relationships of mutual respect and trust with community members, regardless of their immigration status. The FCPD’s primary function is to enforce the laws of the State of California, and does not directly investigate or enforce immigration laws. Departmental policies state that FCPD:
Will not detain or arrest individuals for civil or administrative violations of federal immigration laws.
Will not inquire about an individual’s immigration status or require anyone to produce immigration documents for the purpose of immigration enforcement. Will not refer cases involving violations of immigration laws to the District Attorney’s Office or any federal immigration agency for prosecution. Will not use City resources (like the California Law Enforcement Telecommunications known as CLETS) for the purposes of federal civil immigration enforcement.
These policies are outlined in the FCPD Policy Manual - Chapter 4: Patrol Operations, Policy 428: Immigration Violations, found online at: Link (see page 331) There is a growing concern among cities and counties about the use of local resources responding to aggressive federal immigration actions. The City has a limited role in responding to enforcement of federal law, including immigration enforcement, under both state law and local policies. The cities and counties who have recently enacted resolutions against immigration enforcement, have focused on implementing existing state and local laws that already prohibit the use of local resources. The proposed Resolution provides clarity regarding those laws and policies and how the City would respond based on existing practices and procedures if ICE or other federal agencies acted contrary to those laws or policies in the City.
The proposed resolution would provide the City Manager as having the ultimate responsibility to supervise the use of City property. The City’s existing practice and policy for unauthorized use of City property is to inform the user that they must immediately stop their use and exit the property. That same practice and procedure would apply to any federal agency using City property without authorization. The proposed resolution clarifies that, if the unauthorized use is immigration enforcement, the City will document its demand and if the federal agency refuses to comply, the City will inform the public and the press regarding the location and nature of the unauthorized use of City property.
Additionally, the proposed resolution would clarify that any user who is not authorized to enter into non public areas of City property (i.e., restricted areas marked by locked doors or gates), would need a judicial warrant for any entry. The City’s existing practice and policy for unauthorized actual or attempted entrance into a restricted City facility or area is to tell the individual that they must immediately cease attempting to enter or immediately exit the facility or area. That same practice and procedure would apply to any federal agency that has entered or is attempting to enter City property without a judicial warrant.
Finally, the proposed Resolution incorporates newly enacted state law, SB 805, the No Vigilantes Act. SB 805 requires a law enforcement officer that is not uniformed to visibly display identification that includes their agency and either a name or badge number to the public when performing their enforcement duties, unless an exception applies.
Under the proposed Resolution, in any interaction with a federal agency engaged in immigration enforcement, if City staff reasonably believes the federal agent is not complying with SB 805, they will request compliance. If the federal agent declines, City staff will document the encounter and report those findings as described in the Resolution.
California Environmental Quality Act
Not applicable.
FISCAL IMPACT
None
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Examples of Resolutions from Other Cities