May 26, 2026 Item # 5
1 Council Update to City Council on Implementation of City Council Policy 056 -Prohibiting Use of City Properties for Civil Immigration Enforcement Purposes and provide feedback on policy implementationMay 26, 2026, Item #5 RTC 26-599Paulina Morales, Assistant City Manager Agenda•Staff Presentation will cover:–(1) Implement Policy 056 immediately –(2) Staff to provide a report at a public meeting prior to FIFA World Cup matches on the implementation of the policy and any recommended changes.–(3) Modify Section B.4 of the City Council Policy to provide training and reporting procedures for City employees.•City Council Questions on the Presentation•Public Comment•City Council Deliberations and Feedback 1 2
May 26, 2026 Item # 5
2 Policy 056 – Key Terms•General Prohibition on Use of City Facilities, Parking Lots, Garages, and Open SpacesNo City-owned or City-controlled facilities, parking lot, garage, or open space shall be used as a “Staging Area,” “Processing Location,” or “Operations Base” for civil immigration enforcement.
Policy 056 – Key Terms•Implementation And Enforcement–Identify City-Owned / Controlled Properties–Post Signage–Ensure, when possible, that physical barriers are used to limit access–Provide Training and employee procedure•Limitations on Scope•Properties Subject to Contracts (Existing and Future)•Support for Private Property Owner, Businesses, and Residents 3 4
May 26, 2026 Item # 5
3 (1) Implementation of Policy 056•Initial signage posting prior Super Bowl LX–Properties Identified (Public Facing Facilities, Parking Lots, Parks/Open Space)–Signage designed–Signage posted at locations near the Levi’s Stadium–Letters sent to Lease-holders (1) Implementation of Policy 056
Ongoing signage efforts following the Super Bowl– Signage posted at all Parks and Libraries– Convention Center and Parking Structure/Lots– Properties will have signage posted by June 13, 2036. 5 6
May 26, 2026 Item # 5
4 (1) Implementation of Policy 056•City Employee Procedure and Training–The City has developed a City Manager’s Directive (CMD) and is currently coordinating with the City Attorney’s Office to finalize the directive.–Ensures staff are informed, equipped to respond appropriately to potential policy violations and maintain employee and resident safety. (1) Implementation of Policy 056•CMD Includes–Staff and supervisor roles and responsibilities –Procedures for responding to immigration agent contact –Incident reporting and notification protocols –Guidance on documentation required for access to Employee Only areas 7 8
May 26, 2026 Item # 5
5 (1) Implementation of Policy 056•Policy Clarifications–Staff may verbally object to use of City property for immigration enforcement activities –Staff are not to physically intervene with or obstruct immigration agent(s) –Policy does not prohibit compliance with valid warrants, subpoenas, or court orders (1) Implementation of Policy 056Employee Training Program•Training Program Development–Phase One•Prioritizes front-line employees / Focus on staff regularly interacting with the public at City facilities •Completion target: June 13, 2026 –Phase Two•Training for all remaining employees •Scheduled throughout June 2026 9 10
May 26, 2026 Item # 5
6 (1) Implementation of Policy 056•Existing and Future Agreements–City Attorney’s office developing standardized language that will be included in future leases, licenses, and operation agreements, and amendments to existing agreements, in order to implement Policy 056 on City-owned or controlled properties. (1) Implementation of Policy 056•Support for Private Property Owner, Businesses and Residents–Signage (Private Property owners)–Your Rights Materials11 12 May 26, 2026 Item # 5
7 (1)Implementationof Policy 056Support for Private Property Owners/Businesses and Residents Support for Private Property Owners/Businesses and Residents(1)Implementationof Policy 05613 14 May 26, 2026 Item # 5
8 (1) Implementation of Policy 056•Additional Efforts–Emailed Santa Clara Businesses–Collaborating with IPEN and Silicon Valley Chamber to host an event for Business Owners Super Bowl LX•Levi’s Stadium hosted Super Bowl LX on February 8, 2026•As a SEAR 1 (Special Event Assessment Rating) event, federal interagency support was integral to public safety operations for Super Bowl LX (SBLX), an event of national/international importance. (2) Report prior to FIFA World Cup15
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9 (2) Report prior to FIFA World Cup•Police Department feedback:–The Police Department does not engage in civil immigration enforcement, consistent with state law (including the California Values Act) and long-standing departmental practice.–Policy 056 did not result in any substantive change to police operations during the Super Bowl.–The timing of the policy’s adoption introduced additional complexity in public messaging and contributed to heightened public concern and protest activity, which required adjustments to our crowd management posture. (2) Report prior to FIFA World Cup•Information regarding data sharing policies:–Collaboration and information sharing were limited to coordinated public safety efforts and criminal threat prevention; joint planning, real-time situational awareness, resource deployment strategies and staffing, and unified incident response protocols to ensure a safe and secure environment for the public.–Interagency support was effective and efficient in achieving our public safety mission.–The Police Department does not engage in civil immigration enforcement. No such enforcement occurred at SBLX, nor at related SBLX operations. 17 18
May 26, 2026 Item # 5
10 (2) Report prior to FIFA World Cup
DHS officials say that ICE’s immigration-enforcement officers have no plans to target the tournament. “Routine immigration enforcement operations will continue consistently with longstanding DHS policy,” Lauren Bis, a department spokesperson, told me in a statement. “At this time, there are no plans for large-scale immigration enforcement operations specifically targeting World Cup venues or attendees.” SB 54, the “California Values Act”–went into effect January 1, 2018–withstood legal challenge–generally prohibits law enforcement from engaging in immigration enforcement or cooperating with federal immigration enforcement except in defined circumstances–affirms longstanding practices whereby local law enforcement doesn’t inquire or provide services based on immigration status–implemented in Santa Clara with SCPD Policy 414Existing Laws in California Regarding Immigration Enforcement19 20 May 26, 2026 Item # 5
11 AB 450, the “Immigration Worker Protection Act”–went into effect January 1, 2018–substantially survived legal challenge–generally, prohibits federal immigration enforcement authorities from accessing nonpublic private workplaces without a judicial warrantSB 627, the “No Secret Police Act”–adopted to go into effect January 1, 2026–purports to ban law enforcement (including federal) from wearing face coverings with exceptions for medical masks and certain tactical actions–currently suspended pending judicial reviewExisting Laws in California Regarding Immigration Enforcement (cont.) (2) Report prior to FIFA World Cup•Opportunities for updates or refinements to City Council Policy 056–The City is currently implementing Policy 056–Collaborating with IPEN to ensure alignment with current best practices and approaches that best serve the needs of Santa Clara. –Staff will continue to evaluate opportunities to refine and enhance the City’s policy framework.–IPEN has expressed support for Santa Clara’s adoption of the policy and has indicated that the City’s website is being used as a reference for other jurisdictions. 21 22
May 26, 2026 Item # 5
12 (3) Modification to Council Policy•No modifications to Section of B.4 of the City Council Policy are recommended. Training and reporting procedures for City employees will be outlined in the draft City Manager’s Directive (CMD), which will be finalized prior to June 13 and subsequently modified as needed.
Ongoing Implementation:•Finalize posting of signage before June 13, 2026, at City parking lots.•Finalize the City Manager’s Directive (Employee policy implementation procedure and training).•Finalize and deliver training for City employees.•Coordinate with IPEN and Silicon Valley Chamber of Commerce & Innovation for an Employee Training/Engagement session in Santa Clara. 23 24
May 26, 2026 Item # 5
13 Recommendation•Receive the report and provide input or further direction to staff regarding Policy 056 implementation as Council deems appropriate 25 26
May 26, 2026 Item # 5
14 BenchmarkingAdditional Policy Items Private Signage Support and Educational MaterialsReporting RequirementsPhysical Barriers to Limit Access When PossibleSignage on City PropertyProhibits Use of City Property for Civil Immigration EnforcementLocal JurisdictionXXXXXCity of OaklandXCity of PinoleXXXXXCity of San JoseXXXXXAlameda CountyXXXSan Mateo County XXXSanta Clara CountyXXXXXXCity of Santa ClaraXCity of SunnyvaleXCity of Campbell Policy 056 – Key Terms (cont.) •Implementation and Enforcement City Manager to:–Identify City-owned or City-controlled properties. –Post clear signage on such properties that indicate the prohibited immigration activities. –Where necessary and appropriate, install physical barriers to discourage such activities. –Provide procedure for City employees to report any prohibited activities to the City Manager and City Attorney. 27 28
May 26, 2026 Item # 5
15 Local City Efforts•City of San Jose–Safe Site Protocols–Resolution “No Staging” on City Properties–Ordinance Regarding Prohibiting Face Coverings for Law Enforcement Officers Local City Efforts•City of Campbell –Resolution Prohibiting Use of City Properties for Immigration Enforcement Activities –Immigration Enforcement Site Protocols & FAQ Employee Memo•City of Sunnyvale –Resolution Prohibiting Use of City Properties for Immigration Enforcement Activities 29 30
May 26, 2026 Item # 5
16 Policy 056 – Key Terms (cont.)•Support for Private Property Owners, Businesses, and Residents–City will provide free electronic copy of a signage template that private landowners and leaseholders could use to delineate non-public areas of the property where they wish to restrict activities related to civil immigration enforcement. –City will also make available to the public “know your rights” materials.
Draft Policy 056 – Key Terms (cont.)•Limitations on ScopePolicy does not: –Apply to City property subject to an existing lease, license, operator agreement, or other contractual restriction (defined as “Existing Contracts”).–Limit the execution of lawful judicial warrants or the enforcement of criminal law by any federal, state or local law enforcement agency. –Limit the rights of any person or entity under state or federal law, or other lawful activities, including by other federal and state agencies and private entities or individuals. 31 32 May 26, 2026 Item # 5
17 Draft Policy 056 – Key Terms (cont.)•Special provisions for Existing Stadium Contracts and Future Contracts. –Meet and confer process with the third parties of Existing Contracts for the operation of Stadium Authority-owned Stadium Facilities to develop mutually agreeable mechanisms that, to the extent possible, implement the terms of the Policy at Stadium Facilities. –For all other City-owned and controlled properties subject to Existing Contracts, the City Manager shall provide notice of the existence of the Policy and shall request their concurrence with the terms of the Policy.–For any future agreements regarding City-owned or controlled property, wherever possible and allowed by law, the City Manager shall direct that the use limitations set forth in the Policy be included.
Other Items for Potential Future Consideration•Proposed policy addresses immediate community concerns regarding potential immigration enforcement activities at City properties. •Many items in the draft Policy’s Implementation and Enforcement and Support for Private Property Owners, Businesses and Residents sections will require staffing/material resources and time to complete.•The Council may decide to direct staff to review additional items for future policy consideration. 33 34
May 26, 2026 Item # 5
18 Background (cont.)•The Super Bowl is consistently classified as a Special Event Assessment Rating (SEAR) Level 1 event by the Department of Homeland Security (DHS).•This designation requires extensive federal interagency support, including FBI, DHS, and TSA, to secure the stadium and surrounding areas.
FIFA Men’s World CupLevi’s Stadium is hosting six matches between June 13 through July 1, 2026Background 35 36