APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ________________ C.M.S.
INTRODUCED BY COUNCILMEMBER WANG
A RESOLUTION IN SUPPORT OF SENATE BILL 1095 (PÉREZ) RELATED TO
PROTECTING THE PRIVACY AND CONSTITUTIONAL RIGHTS OF
CALIFORNIANS BY PROHIBITING CALIFORNIA FUSION CENTERS FROM
SHARING SENSITIVE PERSONAL INFORMATION WITH GOVERNMENT AND
PRIVATE ENTITIES FOR PURPOSES OF UNLAWFUL IMMIGRATION
ENFORCEMENT AND RACIAL OR IDENTITY PROFILING
WHEREAS, the California Constitution guarantees an inalienable right to privacy in Section 1 of Article I; and
WHEREAS, "fusion centers" are state-owned data-sharing hubs operated by the Office of Emergency Services (OES) that involve law enforcement and governmental entities gathering, analyzing, and sharing personal information; and WHEREAS, California currently operates six such fusion centers, including the State Threat Assessment Center and various regional intelligence centers in Los Angeles, Northern California, Orange County, and San Diego; and
WHEREAS, while originally intended to prevent terrorism, a report by the United States Senate found no evidence of a fusion center uncovering an attack or disrupting an active plot; and
WHEREAS, fusion centers have a documented history of targeting and surveilling Muslim, Black, Indigenous, and people of color (BIPOC) communities and activists, including tracking peaceful protest movements and climate advocacy groups; and WHEREAS, state and local resources have been used through these centers to assist federal immigration enforcement, such as ICE tapping fusion centers to locate immigrant vehicles, which undermines public safety and wastes taxpayer resources; and WHEREAS, Senate Bill 1095 (Pérez), the "Expose Data Deportation Centers Act," would prohibit fusion centers from sharing sensitive personal information with any governmental entity for immigration enforcement without a judicial warrant or court order; and WHEREAS, SB 1095 further prohibits fusion centers from engaging in racial or identity profiling, providing office space for immigration enforcement agencies, or allowing entities engaged in unlawful intelligence-gathering to operate within their facilities; and WHEREAS, the bill promotes transparency by authorizing elected officials to conduct unannounced inspections and requiring the Department of Justice to perform annual audits of fusion center activities;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of [CITY NAME] as follows:
1. Support for SB 1095: The City of [CITY NAME] hereby formally supports Senate Bill 1095 (Pérez) and urges the California State Legislature and the Governor to enact this legislation.
2. Privacy Protection: The City Council recognizes that protecting the personal data of all residents, regardless of immigration status, is vital to maintaining public trust and constitutional order.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California