Cities Index.
Memorandum

San Jose City Council
August 26, 2025

Document
Memorandum
Meeting
August 26, 2025
Body
San Jose City Council
Pages
2
Original file
179 KB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

COUNCIL AGENDA: 08/26/2025
FILE: 25-926
ITEM: 2.28
L-49511-25 / 2238380_3
TO
: HONORABLE MAYOR AND CITY

COUNCIL
FROM: NORA FRIMANN
City Attorney
SUBJECT: Amicus Curiae Brief in United
States v. City of Rochester
DATE: August 20, 2025

RECOMMENDAT
ION
Retroactively authorize the City Attorney to join in an Amicus Curiae brief drafted by the Public Rights Project on behalf of local gov
ernment entities in support of the City of
Rochester’s motion for judgment on the pleadings. The amicus brief supports Rochester by highlighting the public health and safety interests promoted by “sanctuary” policies. (Case No. 6:25-cv-06226-FPG-MJD [W.D.N.Y.])

BACKGROUND
United States v. City of Rochester is a case brought by the United States to compel Rochester to abandon its “sanctuary city” policy. The case is pending in the Western District of New York, and the parties filed cross-motions for judgment on the pleadings.

Local juris
dictions, including San José, were invited to sign on to an amicus brief in support of Rochester.

Rochester’s policy prohibits City officials, including law enforcement, from participating in federal immigration enforcement and from inquiring about immigration status. In this lawsuit, the United States claims that Rochester’s policy violates the Supremacy Clause, and Rochester asserts that its policy is not preempted.

The amicus brief submitted by local governments argues that policies like Rochester’s promote public health and safety by fostering public trust in police. It also argues that immigrants support communities’ economic well-being.

ANALYSIS
The amicus brief makes arguments consistent with the rationale for San José’s polic y
and commitment to being a welcoming city.

August 18, 2025
Subject: Amicus Curiae Brief in United States v. City of Rochester

Page 2 ends

L-49511-25 / 2238380_3

PUBLIC OUTREACH

This memorandum will be posted on the City’s website for the August 26, 2025 agenda.

CEQA

Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment.

By: /s/ Nora Frimann

NORA FRIMANN
City Attorney

cc: Jennifer Maguire, City Manager

For questions, please contact NORA FRIMANN, City Attorney, at (408) 535-1900.

← All documents from this meeting