ITEM 5.1
ORDINANCE RESTRICTING THE USE OF CITYOWNED OR CITY-CONTROLLED PROPERTY FOR
FEDERAL CIVIL IMMIGRATION ENFORCEMENT
2 Background
• The Legislation and Policy Committee requested that staff present potential options to address civil immigration enforcement activities on City property. • Staff presented information to the Committee at its meeting on April 20, 2026. • Information presented to the Committee included examples of actions taken by other jurisdictions including the City of Pinole, the City of South San Francisco, and Alameda County.
3 Background
• The City of South San Francisco and Alameda County adopted resolutions to address the use of agency property for civil immigration enforcement. • The City of Pinole adopted an ordinance to address the use of agency property for civil immigration enforcement.
• Following presentation and discussion, the Committee directed the City Attorney’s Office to prepare an ordinance for Council review that would prohibit the use of Cityowned and controlled facilities and property for civil immigration enforcement. 4 Existing Authority
• The City generally exercises complete control over the use of its property. • Union City Municipal Code Section 2.08.190 authorizes the City Manager to exercise “general supervision over all public buildings, public parks, and all other public property which are under control and jurisdiction of the City Council.” • Absent approval, the use of City property is prohibited if it is not allowed or otherwise required to be permitted by law.
5 Compassionate City Resolution
• In 2017, the City Council adopted Resolution 5069-017, declaring Union City a “Compassionate City.”
• The Resolution expresses the City’s commitment to a community free from prejudice, bigotry, and hate, and prohibits the City from engaging in activities solely to enforce federal immigration law.
• Pursuant to Resolution 5069-017, the City Manager is prohibited from using her authority under the Municipal Code to make non-public City property available for civil immigration enforcement.
6 Proposed Ordinance
• The proposed ordinance establishes Chapter 2.64 of the Union City Municipal Code, prohibiting non-public City-owned or City-controlled property from being used for staging, processing, or operations related to civil immigration enforcement. • Prohibition includes any property or facility, including parking lots, vacant lots, garages, or nonpublic areas of buildings and includes following activities: staging areas, processing locations, interviewing, or temporarily detaining individuals, surveillance or monitoring activities; use of facilities as operations bases, coordination points, or logistical hubs is prohibited.
7 Proposed Ordinance
• Enforcement officers can still enter areas generally open to the public or where a valid warrant or judicial order is issued.
• The proposed ordinance does not create a private right of action or form the basis of liability against the City.
• The proposed ordinance would not be criminally enforced but would be implemented through existing administrative procedures approved by the City Manager. 8 Recommendation
Staff and the City Attorney’s Office recommends that the City Council consider the proposed ordinance and, should it wish to proceed, waive full reading and introduce the proposed ordinance by title only.