APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
INTRODUCED BY COUNCIL PRESIDENT NOEL GALLO
RESOLUTION IN SUPPORT OF: (1) ASSEMBLY BILL 49
(MURATSUCHI) WHICH WOULD PROHIBIT U.S. IMMIGRATION AND
CUSTOMS ENFORCEMENT (ICE) FROM ENTERING SCHOOLS
WITHOUT A JUDICIAL WARRANT ; (2) ASSEMBLY BILL 421
(SOLACHE), WHICH WOULD PROHIBIT CALIFORNIA LAW
ENFORCEMENT PERSONNEL FROM COLLABERATING OR
PROVIDING INFORMATION TO FEDERAL AUTHORITIES
ENGAGING IN IMMIGRATION ENFORCEMENT NEAR DAYCARE
CENTERS, HOUSES OF WORSHIP, AND MEDICAL FACLITIES; AND
(3) SENATE BILL 48 ( GONZALEZ), WHICH WOULD PROHIBIT ICE
FROM CONDUCTING ENFORCEMENT ACTION S ON SCHOOL S AND
AFTER-SCHOOL PROGRAMS WITHOUT A JUDICIAL WARRANT
WHEREAS, the federal administration has made threats regarding mass deportation and has signaled intentions to rescind policies that protect sensitive locations such as schools, hospitals, and places of worship from U.S. Immigration and Customs Enforcement (ICE) enforcement actions; and
WHEREAS, President Donald Trump has repeatedly criticized Sanctuary Cities, emphasizing his administration’s commitment to enforcing federal immigration laws and penalizing jurisdictions that do not assist in implementing such policies; and WHEREAS, public institutions such as a city’s police and fire department’s provision of services, hospitals, clinics, schools, and public transportation are essential to immigrant communities, and are particularly vulnerable to federal immigration enforcement, which threatens to undermine access to vital basic services for these residents; and WHEREAS, if adopted, Assembly Bill 49, introduced by Assembly Member Al Muratsuchi, would prohibit school officials and employees of a local educational agency from allowing an officer or employee of ICE to enter a school for any purpose without providing valid identification, a written statement of purpose, a valid judicial warrant, and receiving approval from the superintendent of the school district, the superintendent of the county office of education, or the principal of the charter school, or their designee, as applicable. The bill would require the local educational agency, if the officer or employee of ICE meets those requirements, to limit access to facilities where pupils are not present; and
2 WHEREAS, if adopted, Assembly Bill 421, introduced by Assembly Member Jose Solache, would prohibit California law enforcement agencies from collaborating with, or providing any information in writing, verbally, on in any other manner to, immigration authorities regarding proposed or currently underway immigration enforcement actions when the actions could be or are taking place within a radius of one mile of any childcare or daycare facility, religious institution, place of worship, hospital, or medical office; and WHEREAS, California State Superintendent of Public Instruction Tony Thurmond has championed SB 48, a bill introduced by Senate Majority Leader Lena Gonzalez, which would prohibit U.S. Immigration and Customs Enforcement (ICE) from conducting enforcement actions on school campuses, after-school programs, and places of worship, and ensure the safety and security of California's immigrant families and their access to education and essential services; and now, therefore, be it
RESOLVED: That the City Council is in support of AB 49 and urges its passage; and be it
FURTHER RESOLVED: That the City Council is in support of AB 421 and urges its passage; and be it
FURTHER RESOLVED: That the City Council is in support of SB 48 and urges its passage; and be it
FURTHER RESOLVED: That the City Council directs the City Administrator to send this Resolution upon its adoption to Governor Gavin Newsom, Assembly Members Al Muratsuchi and Jose Solache, and Senate Majority Leader Lena Gonzalez.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, HOUSTON, KAPLAN, RAMACHANDRAN, UNGER, AND
PRESIDENT PRO TEMPORE GALLO
NOES –
ABSENT – COUNCIL PRESIDENT JENKINS (serving as Mayor pursuant to Charter Section 303) ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3401029/AS