Fremont City Council Meeting: 09/15/26 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Plans, Policies and Studies
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5820) DOC ID: 5820
Updated: 9/9/2026 9:51 AM by Alberto Quintanilla Page 1 Adopt a Resolution Prohibiting the Use of City-Owned or Controlled Real Property for Federal Civil Immigration-Related Enforcement Activities Contact Persons:
Name: Rafael Alvarado Karena Shackelford
Title: City Attorney City Manager
Div/Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4063
E-Mail: [email protected] [email protected]
Executive Summary: On May 5, 2026, Councilmember Campbell made a referral to the City Council to direct staff to develop draft legislation and an implementation plan prohibiting the use of City-owned or City-controlled properties for federal civil immigration enforcement activity. After discussing Councilmember Campbell’s referral, the City Council directed staff to return with a staff report and draft legislation.
Background: The City of Fremont (“City”) has an enduring commitment to welcoming people of diverse backgrounds. According to the U.S. Census Bureau’s 2020-2024 American Community Survey, immigrants constitute approximately fifty-one percent of the City’s population, one of the largest proportions of immigrants in the nation. In 2017, to further this commitment, Fremont declared itself a Compassionate Sanctuary City.
Numerous neighboring jurisdictions, including the cities of San Jose, Oakland, Richmond, Santa Clara, Sunnyvale, and Pinole, and the counties of Alameda, Santa Clara, and San Francisco, have implemented restrictions on the use of city/county owned, leased, controlled, or operated property for federal civil immigration enforcement, known as ICE-Free Zones. Cities and counties are taking this action to preserve trust and safety in the community and to foster a positive supportive relationship between agencies providing services and the people using them.
Discussion/Analysis: At the May 5, 2026, City Council meeting, the Council directed City staff to prepare legislation that would prohibit the use of City-owned or City-controlled property for federal civil immigration enforcement activity. Subsequently, City staff reviewed ICE-Free Zones ordinances, resolutions, and policies across various cities in California. Staff worked to incorporate language best suited to the objectives and priorities of the City and consistent with applicable law.
Council Staff Report (ID # 5820) Meeting of September 15, 2026 Updated: 9/9/2026 9:51 AM by Alberto Quintanilla Page 2
The draft Resolution, attached to this staff report, includes the following features:
• A prohibition of City-owned or City-controlled real property being used as a staging area, processing location, or operations base for federal civil immigration enforcement.
• A prohibition of City departments, agencies, officers, or employees giving consent for federal officials to use City-owned or City-controlled real property for civil immigration enforcement.
• A requirement for City staff to develop procedures necessary to implement the policy, including that any City employee who becomes aware of the attempted or actual use of City-owned or City-controlled real property for federal civil immigration enforcement shall immediately report this to their supervisor.
• A requirement to establish clear signage, and where appropriate, physical barriers to limit access to City-owned or City-controlled real property consistent with the resolution.
If adopted, the Resolution would be effective and enforceable immediately upon adoption.
Fiscal Impact: There is no immediate fiscal impact associated with the proposed action. There will be costs related to signage to restrict immigration enforcement activities and administrative costs in implementing the regulations.
Environmental Review: The proposed action is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5), and/or because it has no possibility of having a significant effect on the environment, as specified in CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS:
• Draft Resolution- ICE Free Zones
Council Staff Report (ID # 5820) Meeting of September 15, 2026 Updated: 9/9/2026 9:51 AM by Alberto Quintanilla Page 3 Recommendation: Adopt a resolution that prohibits the use of City-owned or controlled real property for federal civil immigration-related enforcement activities.