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HomeMy WebLinkAboutStaff Report 449-07TO: FROM: City of Palo Alto .City Manager’s Report HONORABLE CITY COUNCIL 1 CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE:DECEMBER 10, 2007 CMR: 449:07 SUBJECT:FROM POLICY AND SERVICES COMMITTEE: HUS~N RELATIONS COMMISSION RECOS~VIEN~ATION TO THE CITY COUNCIL TO ADOPT A RESOLUTION ENCOURAGING THE U.S. DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY UNrl)ER ANY ONGOING "OPERATION RETURN TO SENDER" INITIATIVE TO ENFORCE THE UNITED STATES IMMIGRATION AND CUSTOMS LAWS IN A MANNER THAT COMPLIES WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, INCLUDING THE PROTECTION AGAINST UNREASONABLE SEARCHES AND SEIZURES, AND THE PRINCIPLES OF FAIR PLAY AND SUBSTANTIAL JUSTICE (NOVEMBER 14, 2007) RECOMMENDATION The Policy and Services Committee recommends that the City Council 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. COMMITTEE REVIEW ANI) RECOMMENDATIONS At its November 14, 2007 meeting, the Policy and Services Committee voted unanimously (3-0) to recommend that the City Council adopt a resolution encouraNng 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. The Policy and Services Committee also discussed this item at its September 2007 meeting. Attachment A is the staff report from the November 14, 2007 meeting. It addresses questions raised by the Committee at its September meeting. The Committee asked how this resolution is pertinent to the City of Palo Alto. Council Member Drekmeier referenced a recent newspaper article that discussed immigration enforcement activities occurring in the City of Palo Alto and stated that the resolution contains references to local immigration issues. CMR:449:07 Page 1 of 2 ATTACHMENTS Attachment A: Attachment B: CMR 415:07 Minutes from November 14, 2007 Policy and Services Committee PREPARED BY: APPROVED BY: ESPINOZA-HOWARD Division Manager, Cubberley & Human Services JAMES Services Director CITY MANAGER APPROVAL: Assistant City Manager CMR:449:07 Page 2 of 2 NOT YET APPROVED RESOLUTION RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ENCOURAGING THE U.S. DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY UNDER ANY ONGOING "OPERATION RETURN TO SENDER" INITIATIVE TO ENFORCE THE UNITED STATES IMMIGRATION AND CUSTOMS LAWS IN A MANNER THAT COMPLIES WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, INCLUDING THE PROTECTION AGAINST UNREASONABLE SEARCHES AND SEIZURES, AND 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 14, 2006, the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement agency ("ICE"), through 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 14, 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"; 070817jb0072914 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 the only known home and school environment; and WHEREAS, the City of Palo Alto acknowledges and supports the federal Cr ’=overnment 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; NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: 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 substantial 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. // // // // 070817jb0072914 SECTION 4. Environmental Quality necessary. NOT YET APPROVED The Council finds that this is not a project under the California Act and, therefore, no environmental impact assessment is INTRODUCED 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 070817 jb 0072914 Attachment A 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 recon~nendation 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 al! 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 Irmnigration and Custom Enforcement agents are identifying themselves as police and entering homes and businesses without warrants. The attached resolution demands that the hnmigration 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 Mm~icipal Code Section 9.73.010, Statements of Policy: a)Human Rights. It is the policy of the City of Palo 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. hrkrnigration 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 umeasonable searches and seizures and in accordance with the principles of fair play and substantial justice and communicate the Comacil’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 Cormnittee 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 Sen, ices Committee asked staff to address the following questions: 1.Has the Palo Alto Police Department taken a position on the Immigration and Customs Enforcement Agency’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 !~ow of any interrogations or detentions of people residing here or passing through Pa!o 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 Depm-tment about its activities? Staff Response: The Palo Alto Police Department occasionally will receive information about ICE activities. The Policy and Services Cormnittee 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: PREPARED BY: City Attorney’s Resolution regarding the U.S. Immigration and Custom Enforcement Agency’s "Operation Return to Sender" program. KATH~ ESPIN(~A-HOWARD Division Manager, Cubberley & Human Ser¥ices DEPARTMENT HEAD: Director Services CITY MANAGER APPROVAL: H~ISON Assistant City Manager CMR: 4!5:07 Page 3 of 3 Allocation Process along with its current funding and be funded instead through a contract with the City of Palo Alto as part of the upcoming budget process. MOTION PASSED 3-0. 4. 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 MOTION: Council Member Drekmeier moved, seconded by Cordell, that the Policy and Services Committee recommends that the City 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. MOTION PASSED 3-0. 5. Modification of the Existing Policy on Naming City-Owned Land and Facilities to Accommodate Capital Fundraising Campaigns for the Construction or Renovation of City Facilities MOTION: Council Member Cordell moved, seconded by Drekmeier, that the Policy and Services Committee recommends that the City Council consider the issue of exchanging facility naming rights in exchange for monetary donations before the Committee further discusses and recommends changes to the existing City naming policy. MOTION PASSED 3-0. 6. Discussion for Future Meeting Schedules and Agendas Next meeting scheduled for December 11, 2007 ADJOURNMENT: Meeting adjourned at 6:59 p.m.