COUNCIL AGENDA: 08/26/2025
FILE: 25-926
ITEM: 2.28
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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
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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.