CITY HALL ▪ 1 FRANK H. OGAWA PLAZA, 2 nd Floor ▪ OAKLAND, CALIFORNIA 94612
Honorable Noel Gallo
Councilmember, District 5
CITY OF OAKLAND
510-238-7005
[email protected]
AGENDA REPORT
DATE: February 18, 2025
TO: Honorable Mayor, member of the City Council, and Members of the Public
FROM: Council President Pro Tempore Noel Gallo
SUBJECT: Support for AB 49, AB 421, and SB 48 to Protect Immigrant Communities from ICE Enforcement.
This agenda report and accompanying resolution requests the Oakland City Council 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 collaborating or providing information to federal authorities engaging in immigration enforcement near daycare centers, houses of worship, and medical facilities; and (3) Senate Bill 48 (Gonzalez), which would prohibit ICE from conducting enforcement actions on schools and after-school programs without a judicial warrant.
BACKGROUND
The City of Oakland has taken significant steps to support immigrant communities, including the following actions:
• In May 2019, Ordinance No. 12540 C.M.S. was adopted, prohibiting the City from contracting with or investing in entities providing services related to immigration enforcement. This ordinance also required notice of these prohibitions in all Requests for Proposals (RFPs) and Requests for Qualifications (RFQs). • In October 2018, Ordinance No. 13515 C.M.S., sponsored by Councilmembers Rebecca Kaplan, Desley Brooks, and Noel Gallo, was adopted to further strengthen Oakland’s
Sanctuary City policy by explicitly prohibiting cooperation with federal immigration agencies.
• In November 2017, Resolution No. 86628 C.M.S., sponsored by Pro Tem Abel J. Guillén, Council President Laurence Reid, and Councilmember Noel Gallo, was adopted in support of Senate Bill 54 (De León), pending amendments, which would prevent the use of state and local resources for federal immigration enforcement actions that separate families and harm the state’s economy.
• In October 2013, the City Council adopted Resolution 84647, sponsored by Councilmembers Noel Gallo and Dan Kalb, in support of comprehensive immigration reform. This resolution acknowledged the invaluable contributions of immigrants to the nation’s economic, social, and cultural fabric, calling for a fair and affordable pathway to citizenship.
In December 2024, Senator Lena Gonzalez introduced Senate Bill 48 co -sponsored by State Superintendent of Public Instruction Tony Thurmond, titled “Immigration enforcement: school sites: prohibitions on access, sharing information, and law enforcement collaboration.” 1This bill aims to prohibit U.S. Immigration and Customs Enforcement (ICE) agents from accessing school campuses without a judicial warrant and establishes a one-mile safe zone around schools to prevent immigration enforcement activities. The legislation also restricts the sharing of student and family information with federal immigration authorities, ensuring that schools remain safe spaces for all students, regardless of immigration status.
In December 2024, Assemblymember Al Muratsuchi introduced Assembly Bill 49, titled "School sites and day care centers: entry requirements: immigration enforcement." 2This bill seeks to prohibit school officials and employees of local educational agencies from allowing officers or employees of U.S. Immigration and Customs Enforcement (ICE) to enter school premises without a judicial warrant. The legislation aims to protect immigrant children from potential deportation actions, ensuring that educational environments remain safe spaces for all students, regardless of immigration status
In February 2025, Assemblymember Jose Solache introduced Assembly Bill 421, known as "Immigration enforcement: prohibitions on access, sharing information, and law enforcement collaboration."3 This bill aims to restrict California law enforcement agencies from collaborating with federal immigration authorities, particularly in sensitive areas such as daycare centers, houses of worship, and medical facilities. It also seeks to prohibit the sharing of personal information with federal agencies for immigration enforcement purposes, thereby safeguarding the privacy and rights of immigrant communities.
1 SB-48 Safe Access to Schools (legislature.ca.gov)
2 AB-49 School sites and day care centers (legislature.ca.gov) 3 AB-421 Immigration enforcement, sharing info and law enforcement (legislature.ca.gov)
These legislative measures reflect California's commitment to protecting immigrant communities by limiting the reach of federal immigration enforcement in sensitive areas, ensuring that vulnerable populations can access essential services without fear. This resolution expresses our strong support for Assembly Bill 49 (Muratsuchi), Assembly Bill 421 (Solache), and Senate Bill 48 (Gonzalez), which are critical measures to protect immigrant communities in California.
These bills prohibit U.S. Immigration and Customs Enforcement (ICE) from conducting enforcement actions in schools, daycare centers, houses of worship, and medical facilities without a judicial warrant, ensuring that all residents can access essential services without fear of deportation.
Therefore, I ask you to join me in adopting this resolution in support of AB 49, AB 421, and SB
48. These legislative efforts are vital to safeguarding the rights and dignity of immigrant families, reinforcing Oakland’s commitment to being a sanctuary city, and upholding our values of inclusion, safety, and justice for all.
For questions regarding this report, please contact Josephine Guzman, District Director, at [email protected].
Yours in Service,