HomeMy WebLinkAboutStaff Report 415-07City of Palo Alto
City Manager’s Report
TO:
ATTN:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
POLICY AND SERVICES COMMITTEE
CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
NOVEMBER 14, 2007 CMR: 415:07
RECOMMENDATION FROM THE HUMAN RELATIONS
COMMISSION TO ADOPT A RESOLUTION ENCOURAGING THE U.S.
DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND
CUSTOMS ENFORCEMENT AGENCY UNDER "OPERATION RETURN
TO SENDER" TO ENFORCE THE U.S. IMMIGRATION AND CUSTOMS
LAWS IN A MANNER THAT COMPLIES WITH ALL APPLICABLE
LAWS, RULES AND REGULATIONS, INCLUDING THE
CONSTITUTIONAL PROTECTION AGAINST UNREASONABLE
SEARCHES AND SEIZURES
RECOMMENDATION
Staff is forwarding the City of Palo Alto’s Human Relations Commission’s (HRC) request that
the City Council direct the Policy and Services Committee to review the HRC’s recommendation
that Council approve the adoption of a resolution encouraging the U.S. Immigration and Custom
Enforcement Agency, under "Operation Return to Sender," to enforce the immigration and
customs laws in a manner that complies with all applicable laws, rules and regulations and the
constitutional protection against unreasonable searches and seizures and is in accordance with
principles of fair play and substantial justice.
BACKGROUND
During the April 12, 2007 HRC meeting, the commissioners discussed the raids, arrests,
detentions and deportations that have occurred in the community under "Operation Return to
Sender." Federal Immigration and Custom Enforcement agents are identifying themselves as
police and entering homes and businesses without warrants. The attached resolution demands
that the Immigration and Custom Enforcement agents identify themselves as "federal agents"
when carrying out "Operation Return to Sender." The HRC believes that "Operation Return to
Sender" conflicts with the City of Palo Alto’s Anti-Discrimination Ordinance and the City’s
Anti-Discrimination Policy, Palo Alto Municipal Code Section 9.73.010, Statements of Policy:
a) Human Rights. It is the policy of the City of Pa!o Alto to affirm, support and protect the
human rights of every person within its jurisdiction. These rights include, but are not
limited to, equal economic, political, and educational opportunity; equal accommodations
CMR: 415:07 Page 1 of 3
in all business establishments in the City; and equal service and protection by all public
agencies of the City.
b) Freedom from Arbitrary Discrimination. It is the policy of the City of Palo Alto to
protect and safeguard the right and opportunity of every person to be free from arbitrary
discrimination on the basis of their race, skin color, gender, age, religion, disability,
national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height.
The City of Palo Alto’s Anti-Discrimination Ordinance bans discrimination against people on the
basis of their national origin. The HRC believes that the City Council should go on record
adopting a resolution encouraging the U.S. Immigration and Custom Enforcement Agency under
"Operation Return to Sender" to enforce the immigration and customs laws in a manner that
complies with all applicable laws, rules and regulations and the constitutional protection against
unreasonable searches and seizures and in accordance with the principles of fair play and
substantial justice and communicate the Council’s concerns, in writing, with a copy of the
adopted resolution to the congressional delegation.
RESPONSES TO THE POLICY AND SERVICES COMMITTEE QUESTIONS
On September 11, 2007, the Policy and Services Committee reviewed a draft resolution from the
City Attorney and asked that it be revised to include more specificity by identifying sources and
dates of the local incidents that are contained in the resolution. The Policy and Services
Committee asked staff to address the following questions:
i.Has the Palo Alto Police Department taken a position on the Immigration and Customs
Enforcement A~,ency s (ICE) Return to Sender Program?
Staff Response: Yes, the department has a policy not to conduct or participate in sweeps
completed by ICE. The Palo Alto Police Department will only participate in traffic control,
but not in the ICE sweeps themselves. The Palo Alto Police Department specifically
prohibits officers from participating in any federal operations as part of an ICE detention
team unless approved by a Watch Commander.
2. Has the Palo Alto Police Department received any recorded complaints?
Staff Response: No.
3.Does the Palo Alto Police Department know of any interrogations or detentions of
people residing here or passing through Palo Alto under the Return to Sender Program?
Staff Response: The only one involved a family about six months ago. It received
considerable publicity when the family was deported. The Police Department was not
informed by ICE nor did any members of the Department participate in the event.
4.Has the Palo Alto Police Department communicated either to the HRC or the public its
role with the regard to the activities of the ICE?
CMR: 415:07 Page 2 of 3
Staff Response: No.
5. What does our Police Department know about ICE activities? Is ICE informing the
Palo Alto Police Department about its activities?
Staff Response: The Palo Alto Police Department occasionally will receive information
about ICE activities.
The Policy and Services Committee asked staff to agendize the resolution for a future meeting
when the revisions to the resolution were completed and its questions were addressed.
Additionally, the Committee asked that the Human Relations Commission review and approve
the resolution prepared by the City Attorney’s Office. This occurred at a special HRC meeting
on Wednesday, October 24, 2007.
RESOURCE IMPACT
The impact to City Staff will be drafting a letter with a copy of the resolution to the City’s
congressional delegation. This does not represent a significant impact on staff time.
ATTACHMENTS
Attachment A:City Attorney’s Resolution regarding the U.S. Immigration and Custom
Enforcement Agency’s "Operation Return to Sender" program.
PREPARED BY:
~,THY ~’~NOZA-HOVqARD
Division Manager, Cubberley & Human Services
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
Director of Community Services
Assistant City Manager
f/
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NOT YET APPROVED
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
STRONGLY URGING AND ENCOURAGING THE U.S.
DEPARTMENT OF HOMELAND SECURITY TO ENFORCE THE
UNITED STATES IMMIGRATIONAND CUSTOMS LAWS UNDER
ANY ONGOING "OPERATION RETURN TO SENDER"
INITIATIVE IN A MANNER THAT COMPLIES WITH ALL
APPLICABLE LAWS, RULES AND REGULATIONS AND THE
CONSTITUTIONAL PROTECTION AGAINST UNREASONABLE
SEARCHES AND SEIZURES AND THAT DOES NOT OFFEND THE
PRINCIPLES OF FAIR PLAY AND SUBSTANTIAL JUSTICE
WHEREAS, the Council of the City of Palo Alto respects and upholds the
constitutional rights of all of its residents without reference to their citizenship, residency or
immigration status;
WHEREAS, the City has adopted a policy against arbitrary discrimination on the
basis of an individual’s race, skin color, gender, age, religion, national origin, or ancestry, which
is codified in Palo Alto Municipal Code section 9.73.010;
WHEREAS, on May 26, 2006, as reported in its press release, dated June !4, 2006,
the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement agency
("ICE"), ttn-ough its Office of Investigations and Office of Detention and Removal Operations,
initiated its Secure Border Initiative ("SBI") or campaign, dubbed "Operation Return to Sender,"
and also alluded to in the U.S. Immigration and Customs Enforcement Fact Sheets, dated August
14, 2006, to locate, apprehend, deport and otherwise repatriate illegal aliens, in particular, those
deemed to be most dangerous, including gang members and convicted felons, and those
considered to be common criminals;
WHEREAS, on June 14, 2006, as reported in the Department of Homeland Security
press release, dated June !4, 2006, and USA Today, dated June 14, 2006, ICE issued a press
release, announcing that Operation Return to Sender terminated on June 13, 2006, achieving its
objective of ensnaring over 2,100 "criminal aliens, gang members, fugitives and other
immigration violators," including members of the notorious Salvadoran M-13 gang and those
convicted of sexual offenses involving minors;
WHEREAS, the news media and other sources such as MSNBC.msn.com, dated July
24, 2006, CBSNEWS.com, dated May 1, 2007, and the City of Austin, Texas Police Department
News Release, dated April 2, 2002, have reported that ICE agents have engaged the support of
local law enforcement agencies around the country to zealously continue the mission of
Operation Return to Sender in Connecticut, California, Ohio, and Texas, among other states, at
times using questionable law enforcement tactics, including identifying themselves as local
police officers and making entries and arrests without warrants, which have resulted in
"collateral catches";
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NOT YET APPROVED
WHEREAS, as reported in a Sacramento Bee online article, dated April 3, 2007, and
in a Palo Alto Weekly online article, dated April 18, 2007, the City is informed and believes that
ICE has conducted at least one SBI sweep of Palo Alto, resulting in the deportation of one Palo
Alto couple, Pedro and Isabel Ramirez, and the wrenching of their four children, Pedro, 15, a
former student at Gunn High School, Adrian, 12, Yadira, 10, and Adriana, 6, all born in the U.S.,
from the security of their only known home and school environment; and
WHEREAS, the City of Pato Alto acknowledges and supports the federal
government’s goals of ensuring the security of this nation’s borders, securing compliance with
this country’s immigration and customs laws, rules and regulations, and excluding from our
cherished homeland violent illegal and criminal aliens, gang members and fugitives;
follows:
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as
SECTION 1. The Council does hereby support the federal government in its ongoing
quest to secure our nation’s borders from violent and illegal criminal aliens, gang members and
fugitives. In the pursuit of such quest, the Council strongly urges and encourages the U.S.
Department of Homeland Security to ensure that its Immigration and Customs Enforcement
agents enforce the U.S. immigration and customs laws, rules and regulations as part of the
implementation of any ongoing "Operation Return to Sender" interior enforcement strategy in a
manner consistent with applicable laws governing reasonable searches and seizures and in
accordance with the principles of fair play and substantia! justice.
SECTION 2. The Council requests that its Congressional representatives
communicate to Secretary Michael Chertoff their collective and unequivocal opposition to any
use of improper and unlawful law enforcement tactics by the U.S. Immigration and Customs
Enforcement agents in their zealous enforcement of the United States immigration and customs
laws, rules and regulations.
SECTION 3. The Council will transmit this resolution to its Congressional
representatives: House Speaker Nancy Pelosi, Senators Barbara Boxer and Dianne Feinstein, and
Representative Anna Eshoo; and disseminates its content to the public through various media.
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NOT YET APPROVED
SECTION 4. The Council finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
1-NTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
City Attorney City Manager
Director of Community Services
Director of Administrative Services
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