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HomeMy WebLinkAbout13 - Adoption of Resolution No. 2018-23 Opposing Senate Bill 54 (California Values Act) - CorrespondenceReceived After Agenda Printed April 10, 2018 Item No. 13 From: City Clerk's Office Sent: Monday, April 09, 2018 2:54 PM To: Mulvey, Jennifer; Rieff, Kim Subject: FW: Public Comments: Agenda Item #13 - SB 54 From: judygould@peoplepc.com Sent: Monday, April 09, 2018 2:54:17 PM (UTC -08:00) Pacific Time (US & Canada) To: Dept - City Council; City Clerk's Office; info@nbwdc.org Subject: Public Comments: Agenda Item #13 - SB 54 I support the bill SB54 to protect our citizens. Judy Gould 508 Playa Newport Beach. From: Judy Strauss <jmstrauss@cox.net> Sent: Monday, April 09, 2018 8:20 AM To: Dept - City Council; City Clerk's Office; info@nbwdc.org Subject: Public Comments: Agenda Item #13 - SB 54 We STRONGLY support SB 54 & heartily urge the NB City Council to PASS this important bill... NOW! Judy & Steve STRAUSS 2501 island View Dr. Corona Del Mar From: City Clerk's Office Sent: Monday, April 09, 2018 8:51 AM To: Mulvey, Jennifer; Rieff, Kim Subject: FW: Public Comments: Agenda Item #13 - SB 54 From: nikkis19 Sent: Monday, April 09, 2018 8:51:10 AM (UTC -08:00) Pacific Time (US & Canada) To: Dept - City Council; City Clerk's Office; info@nbwdc.org Subject: Public Comments: Agenda Item #13 - SB 54 I am in support of sanctuary cities! And glad that our state is also. Received After Agenda Printed April 10, 2018 Item No. 13 COPY OF LETTER SENT Dear City Council, of Los Alamitos, Subj: Sanctuary City I support your decision to challenge California's Sanctuary City Law. I support your decision as being heroiac and protective of our Constitution. I support Legal, controlled, Immighration. I look upon the Sanctuary law (SB -54) to be comparable to when the Southern States succeeded from the nation United States, the move resulted in the Civil War. Any law, even a partial one like (SB -54), that illegally separates and removes itself form the United States Government, is Unconstitutional. The Sanctuary Law (SB -54) is illegal, unconstitutional, and detrimental to the Citizens of the United states. In fact, it undermines the citizens of the United States. I, nor any veteran, did not serve in the United States Armed Forces, to come home, and to preserve, illegal immigration. We served to protect and preserve the Constitution of the United States of America. Why would anyone serve in the military to support rampant illegal immigration? I support the United States Constitution, and legal immigration. We are a county of Legal Immigrants. Thank you for a job well done. Larry Bales, Viet Nam Veteran 714 227 7966 Ps: For those who are concerned about the finance, remember some of our veterans have paid the ultimate price to preserve our way of life. Received After Agenda Printed April 10, 2018 Item No. 13 Subject: FW: SB 54 resolution From: O'Neill, William Sent: Sunday, April 8, 2018 5:40 PM To: Torres, Michael <mtorres@newportbeachca.gov>; Harp, Aaron <aharp@newportbeachca.gov> Subject: Fwd: SB 54 resolution Will O'Neill Mayor Pro Tem Newport Beach City Council Begin forwarded message: From: GWG < ialisa(a gmail.com> Date: April 8, 2018 at 5:39:14 PM PDT To:<citycouncil@newportbeachca.gov> Subject: SB 54 resolution Reply -To: < iag_lisaggmail.com> The Resolution signed by your city attorney misstates constitutional law, particularly concerning how the Supremacy Clause operates. Here is a link to a letter authored by law professors and constitutional scholars about this issue. I cannot state it better, so I attach it here. http://www.iceoutofea.org/uploads/2/5/4/6/25464410/2017-05- I law professor letter supporting_california values act.pdf Noah Feldman (a con law professor from Harvard) has also written for Bloomberg that SB54 will survive legal attacks. Warm regards, Gialisa Gaffaney Editor -in -Chief, OC Lawyer Magazine Freelance Author Adjunct Professor, Topics in Law and Political Science May 17, 2017 Governor Jerry Brown c% State Capitol, Suite 1173 Sacramento, CA 95814 California State Legislature c% Kevin de Le6n, Senate President pro Tempore State Capitol, Room 205 Sacramento, CA 95814 and c% Anthony Rendon, Assembly Speaker P.O. Box 942849, Sacramento, CA 94249-0063 Dear Governor Brown and Members of the California State Legislature: We, the undersigned scholars who write, research, or teach in the areas of immigration, criminal justice, constitutional law, and international law write to express our support for California Senate Bill 54 (S.B. 54), the "California Values Act." The most immediate threats to federal funding raised by the President's executive order of January 251 and the Attorney General's comments threatening so-called "sanctuary" jurisdictions generally2—and California particularly 3—have been put to rest by a federal court order enjoining the executive order as it pertains to funding cuts.4 But as we detail here, it is our studied opinion that California should have no concern that the California Values Act violates federal law. Because we also believe S.B. 54 is good policy, we support its passage. Local policing, public safety, and the well-being of Californians are all proper subjects for California legislation. S.B. 54 proposes that "[e]ntangling state and local agencies with federal immigration enforcement programs . diverts already limited resources and blurs the lines of accountability between local, state, and federal governments. ,5 This finding invokes the United States Supreme Court's teachings explaining our federalist system of government. 1 President Donald J. Trump, Exec. Order 13,768, Enhancing Public Safety in the Interior of the United States § 1 (Jan. 25, 2017), https://www.whitehouse.gov/the-press- office/2017/01 /25/presidential-executive-order-enhancing-public-safety-interior-united. 2 THE WHITE HOUSE, PRESS BRIEFING BY PRESS SECRETARY SEAN SPICER, 3/27/2017, #29 (March 27, 2017), https://www.whitehouse.gov/the-press-office/2017/03/27/press- briefing-press-secretary-sean-Spicer-3272017-29 (remarks of Attorney General Jeff Sessions). 3 Joseph Tanfam & Patrick McGreevey, Justice Department to 'sanctuary cities': Comply on immigration or you could lose federal grants, L.A. TIDIES (April 21, 2017), http://www.latimes.com/politics/la-na-pol-sanctuary-cities-20170421-story.html (quoting Attorney General Sessions: "I urge California to reconsider"). 4 County of Santa Clara v. Donald J. Trump, No. 5:17-cv-00574-WHO, Document 98 N.D. Cal. April 25, 2017). S.B. 54, Proposed § 7284.2(d). Letter supporting California Values Act Page 2 of 14 "Federalism, central to the constitutional design, adopts the principle that both the National and State Governments have elements of sovereignty the other is bound to respect."6 An "essential attribute of the States' retained sovereignty" is "that they remain independent and autonomous within their proper sphere of authority."7 Separating spheres of authority, as our federalist system does, ensures political accountability.$ The Tenth Amendment requires that "elected state officials ... regulate in accordance with the views of the local electorate"9 by preventing the federal government from coercing or compelling States into pursuing Congress's policy agenda. When the federal government cannot dictate policy, "the residents of the State retain the ultimate decision"10 over policymaking, and "state governments remain responsive to the local electorate's preferences; state officials remain accountable to the people."" But when Congress compels a State to pursue Congress's policy choices, "the accountability of both state and federal officials is diminished. ,12 Accordingly, the Tenth Amendment prevents the federal government from exercising direct control over the States, though it may provide "incentives" to the States that would encourage regulation according to Congress's wishes. 13 Direct control "compromise[s] the structural framework of dual sovereignty" 14 and obscures accountability, putting the State "in the position of taking the blame for [the federal policy's] burdensomeness and for its defects."15 6 Arizona v. United States, 567 U.S. 387, 132 S. Ct. 2492, 2500, 183 L. Ed. 2d 351 (2012); see also NFIB v. Sebelius, 567 U.S. 519, 132 S. Ct. 2566, 2643 (2016) (Scalia, J., dissenting) ("What is absolutely clear, affirmed by the text of the 1789 Constitution, by the Tenth Amendment ratified in 1791, and by innumerable cases of ours in the 220 years since, is that there are structural limits upon federal power—upon what it can prescribe with respect to private conduct, and upon what it can impose upon the sovereign States."). As the Chief Justice of the California Supreme Court recently put it: "Our three branches of government are co -equal; our local, state and federal governments have overlapping authority. Each branch and each entity should take care not to act in a way that undermines the trust and confidence of another branch or entity." Tani G. Cantil- Sakauye, California Chief Justice: The courthouse is not the place for immigration enforcement, WASHINGTON POST (April 19, 2017). Printz v. United States, 521 U.S. 898, 928, 117 S. Ct. 2365, 2381, 138 L.Ed.2d 914 1997). United States v. Lopez, 514 U.S. 549, 576-77, 115 S. Ct. 1624, 1638-39, 131 L.Ed.2d 626 (1995)(Kennedy, J., concurring) ("The theory that two governments accord more liberty than one requires for its realization two distinct and discernable lines of political accountability: one between the citizens and the Federal Government; the second between the citizens and the States.... Were the Federal Government to take over the regulation of entire areas of traditional state concern, areas having nothing to do with the regulation of commercial activities, the boundaries between the spheres of federal and state authority would blur and political responsibility would become illusory."). 9 New York v. United States, 505 U.S. 144, 169, 112 S. Ct. 2408, 2424, 120 L.Ed.2d 120 1992). ° Id. at 168, 112 S. Ct. at 2424. 1 1 Id 12 Id. 13 Id. at 170, 112 S. Ct. at 2425. 14 Printz, 521 U.S. at 932, 117 S. Ct. at 2383. 15 Id. at 930, 117 S. Ct. at 2382. Letter supporting California Values Act Page 3 of 14 The California Values Act is firmly supported by the Tenth Amendment. Under our federalist system, the States retain "broad authority to enact legislation for the public good" 16—a "general police power" 17—and there is "no better example of the police power, which the Founders denied the National Government and reposed in the States, than the suppression of violent crime and vindication of its victims."18 Policing is squarely within a State's "proper sphere of authority," and the California Values Act "seeks to ensure effective policing" and "protect the safety" of Californians.19 S.B. 54 also pursues "general police power" objectives, seeking to ensure that immigrant community members can avail themselves of public services and schools without fear .20 Under the Tenth Amendment California is entitled to be free from federal coercion and compulsion in these policymaking areas. California may leave immigration enforcement to federal officials. The California Values Act broadly prohibits local law enforcement resources from being used for federal immigration enforcement. 21 This is entirely consistent with the longstanding allocation of immigration authority exclusively to the federal government. 22 The United States Supreme Court, in its decision striking down portions of Arizona's S.B. 1070, noted that in the Immigration and Nationality Act (INA), Congress has specified the "limited circumstances in which state officers may perform the functions of an immigration officer.i23 These include some enumerated instances where state officers are permitted to make immigration arrests, and so-called "287(g) agreements" whereby state officers are effectively deputized as immigration agents.24 Finding Section 6 of Arizona's S.B. 1070 to be beyond these "limited circumstances," the Court struck the provision as preempted.25 In large measure, then, the States are obliged to leave immigration enforcement to federal officials. 26 While the INA does sometimes allow state officials to engage in immigration enforcement, it never requires them to do so. This is consistent with the Tenth 16 Bond v. United States, 134 S. Ct. 2077, 2086, 189 L. Ed. 2d 1 (2014). 17 Lopez, 514 U.S. at 567, 115 S. Ct. at 1634. 18 United States v. Morrison, 529 U.S. 598, 618, 120 S. Ct. 1740, 1754, 146 L.Ed.2d 658 (2000); see also Kelley v. Johnson, 425 U.S. 238, 247, 96 S. Ct. 1440, 1445, 47 L.Ed.2d 708 (1976) ("The promotion of safety of persons and property is unquestionably at the core of the State's police power"). 19 S.B. 54, Proposed § 7284.2(f). S.B. 54 also pursues goals that are within the "general police power." 0 S.B. 54, Proposed § 7284.2(c)(noting that without the trust generated by the California Values Act, noncitizens might fear "seeking basic health services, or attending school, to the detriment of public safety and the well-being of all Californians"); S.B. 54, Proposed 7284.2(f) (referencing the "well-being" of Californians). 1 S.B. 54, Proposed Section 7284.6(a)(1). 22 Juliet P. Stumpf, States of Confusion, 86 N.C. L. REv. 1557, 1571-73 (2008). 23 Arizona, 132 S.Ct. at 2506. 24 Id 21 Id. at 2506-07. 26 The Supreme Court left open the question whether enforcement of federal criminal immigration laws is similarly preempted. Id. at 2509-10. Letter supporting California Values Act Page 4 of 14 Amendment's "anti -commandeering" doctrine. 27 Additionally, each grant of authority to state or local officers in the INA is made subject to state or local law governing the duties of such officers .28 This requirement that State officers enforcing federal law must abide by any state -law limitations on their power is consistent with the Tenth Amendment's separation of federal and state spheres of authority; whatever power state officers have is granted them by State law .29 To permit the federal government to subvert limits imposed by states on their officers' authority, by simply authorizing state officers to enforce federal law, would thus work the same intrusion on state sovereignty as commandeering them directly 30 The California Values Act, to the extent it withholds from state officials the authority to participate in federal immigration enforcement, leaving such enforcement solely in the hands of federal officials, is entirely consistent with the Tenth Amendment's division of authority between state and federal governments. 31 27 See Printz, 521 U.S. at 922, 117 S.Ct. at 2378 (noting that the Tenth Amendment prevents the federal government from "impress[ing] into its service—and at no cost to itself—the police officers of the 50 States"). 28 8 U.S.C. § 1357(g)(1) (allowing state -federal agreements for enforcement but only "to the extent consistent with State and local law"); 8 U.S.C. § 1103(a)(10) (allowing delegation of enforcement authority to a local officer, but only "with the consent of the head of the department, agency, or establishment under whose jurisdiction the individual is serving."); 8 U.S.C. § 1252c (granting authority but only "to the extent permitted by relevant State and local law"); 8 U.S.C. § 1324(c) (granting authority but only to state and local officials "whose duty," presumably prescribed by local law, "is to enforce criminal laws"). 29 Accordingly, in the criminal context, the Supreme Court has held that where federal law does not preclude enforcement by local officers, authority for the arrest must nonetheless be found in state or local law. United States v. Di Re, 332 U.S. 581, 68 S.Ct. 222, 92 L.Ed. 210 (1948); see also Miller v. United States, 357 U.S. 301, 78 S.Ct. 1190, 2 L.Ed.2d 1332 (1958); Gonzalez v. City of Peoria, 772 F.2d 468, 475-76 (9th Cir. 1983), overruled on other grounds in Hodgers-Durgin v. de la Vina, 199 F.3d 1037 (9`h Cir. 1999); see Memorandum for the Attorney General, from Jay S. Bybee, Ass't Att'y Gen'1, Office of Legal Counsel, Re: Non preemption of the authority of state and local law enforcement officials to arrest aliens for immigration violations 2-3 (April 3, 2002), available at https://www.aclu.org/files/FilesPDFs/ACF27DA.pdf (rooting this body of caselaw in the Tenth Amendment and its reservation of powers to the States in their status as sovereign entities). 30 The United States recently appeared as amicus curiae and was granted leave to participate in oral argument on March 4, 2017 in the Massachusetts case of Commonwealth v. Lunn, No. SJC-12276. Counsel for the United States acknowledged that a state arrest for an immigration violation is a "matter of comity" (i.e. is not required by federal law) and must be authorized under state law. See http://www.suffolk.edu/sic/archive/2017/SJC_12276.html (at 23:10 of the video recording). 31 See Id. (at 42:15 of the recording) (acknowledging power of state legislature to withhold from state officers the authority to engage in federal immigration enforcement). Letter supporting California Values Act Page 5 of 14 California may prohibit detention based on immigration detainers and administrative warrants. The California Values Act prohibits California law enforcement agencies from detaining people for federal immigration authorities for the purpose of immigration enforcement,3 whether through immigration "detainers"33 or immigration "warrants."34 This prohibition is lawful, and indeed may be required in order to ensure compliance with the Constitution. The California Values Act correctly notes that for California law enforcement to participate in immigration enforcement "raises constitutional concerns, including the prospect that California residents could be detained in violation of the Fourth Amendment to the United States Constitution. "3s Shortly after the California Trust Act was enacted, federal court decisions in 2014 made clear that (1) immigration detainers are purely voluntary, because the federal government cannot compel local law enforcement officers to perform immigration enforcement; 36 and (2) continuing the detention of a person entitled to release based on an ICE detainer constitutes a new arrest that that must be justified under the Fourth Amendment. 37 The "increasing number of federal court decisions that hold that detainer - based detention by state and local law enforcement agencies violates the Fourth Amendment" caused the Obama administration in November 2014 to declare its intention 32 S.B. 54, Proposed section 7284.6(e). 33 S.B. 54, Proposed section 7284.6(a)(1)(B). 34 S.B. 54, Proposed section 7284.6(a)(1)(F). 35 In addition to the Fourth Amendment problem noted above, immigration detainers also implicate the Fourth Amendment's requirement that a warrantless arrest must be followed by a prompt determination of probable cause by a neutral and detached magistrate, generally within 48 hours. Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975); County of Riverside v. McLaughlin, 500 U.S. 44, 56-57, 111 S.Ct. 1661, 1670, 114 L.Ed.2d 49 (1984). In pending class-action litigation, a federal court has certified a class of persons detained for more than 48 hours solely based on an immigration detainer, because "it may be found as a matter of law that all such delays were unreasonable." Roy v. County of Los Angeles, Nos. CV 12-09012-BRO (FFMx) and CV 13-04416-BRO (FFMx), 2016 WL 5219468 at * 12 (C.D. Cal. Sept. 9, 2016) (citing County of Riverside, 500 U.S. at 57); see id. at *14 (certifying modified additional class in consolidated litigation because "forty -eight-hour or longer detentions may be considered presumptively unlawful under Gerstein and McLaughlin and may be subject to class- wide determination."). 36 Galarza v. Szalczyk, 745 F.3d 634, 639-45 (3d Cir. 2014). 37 Miranda-Olivares v. Clackamas Cnty., No. 3:12 -CV -02317 -ST, 2014 WL 1414305, at *I I (D. Or. Apr. 11, 2014). It is not clear that such a new arrest based on a supposed civil immigration violation would even be authorized under the Immigration and Nationality Act. See Arizona, supra note _ (describing the specific, limited circumstances under which local authorities are permitted to make civil immigration arrests); see also Buquer v. City of Indianapolis, 797 F.Supp.2d 905, 919-22 (S.D. Ind. 2011) (granting preliminary injunction finding plaintiffs likely to succeed on claim that local law permitting arrests on the basis of immigration detainers is preempted by federal law and violates the Fourth Amendment). Letter supporting California Values Act Page 6 of 14 to abandon the practice of issuing immigration detainers asking local law enforcement to prolong the detention of people otherwise entitled to release. 38 Immigration "warrants" issued by the Department of Homeland Security offer no more meaningful basis for detention than do immigration detainers. These documents are not issued by a neutral magistrate, as the Fourth Amendment requires. 39 Additionally, under federal law, these "warrants" may be executed only by federal immigration officers 40 and not by state officials. California may prohibit law enforcement from inquiring into or investigating immigration status, and from sharing certain information with immigration officials. The California Values Act prohibits local resources from being used to inquire into a person's immigration status41. The Los Angeles Police Department (LAPD) has had a similar policy in place since 1979.42 The LAPD policy, like the California Values Act, is premised on the idea that "effective law enforcement depends on a high degree of cooperation between the Department and the public it serves."43 And in 2009 a state appellate court held the LAPD policy does not conflict with federal law. 44 S.B. 54 also prohibits local resources from being used to share release dates or other non-public information like a person's home or work address. These restrictions on information sharing are narrowly crafted to comply with federal law. 45 A federal court in January held that a similar provision in a policy of the San Francisco Sheriff's Department46 did not conflict with federal law.47 38 Memorandum from Jeh Charles Johnson, Sec'y, U.S. Dep't of Homeland Sec., to Thomas S. Winkowski, Acting Dir., U.S. Immigration & Customs Enforcement, et al. at 2 n.I (Nov. 20, 2014) (collecting federal decisions). 39 See El Badrawi v. Dept. of Homeland Sec., 579 F. Supp. 2d 249, 276 (D. Conn. 2008) (treating arrest as warrantless because "[n]o neutral magistrate (or even a neutral executive official) ever examined the [immigration] warrant's validity"). 40 Arizona, 132 S.Ct. at 2506 (citing 8 C.F.R. §§ 241.2(b), 287.5(e)(3)) (describing administrative warrants as "executed by federal officers who have received training in the enforcement of immigration law"). 41 S.B. 54, Proposed section 7284.6(a)(1)(A). 42 Office of the Chief of Police, Special Order No. 40: Undocumented Aliens, L.A. POLICE DEP'T (Nov. 27, 1979), www.lapdonline.org/assets/pdf/SO_40.pdf. 43 Id.; see S.B. 54, Proposed section 7284.2(b), (c) (recognizing that a "relationship of trust between California's immigrant community and state and local agencies is central to the public safety of the people of California" and that this "trust is threatened when state and local agencies are entangled with federal immigration enforcement, with the result that immigrant community members fear approaching police when they are victims of, and witnesses to, crimes, seeking basic health services, or attending school ...."). 44 Sturgeon v. Bratton, 95 Cal. Rptr. 3d 718 (Cal. App. 2009). 45 S.B. 54, Proposed section 7284.6(a)(f)(carving out exception concerning "information regarding the citizenship or immigration status, lawful or unlawful, of an individual Ursuant to Sections 1373 and 1644 of Title 8 of the United States Code"). 6 San Francisco Sheriff's Department, Inter -Office Correspondence, Ref. No. 2015-036 (March 13, 2015), http://www.catrustact.org/uploads/2/5/4/6/25464410/ice_contact,_signed.pdf (prohibiting Letter supporting California Values Act Page 7 of 14 Disentangling public property from immigration enforcement guarantees equal access to all public services. The California Values Act requires the Attorney General to develop "model policies limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, public libraries, health facilities operated by the state or a political subdivision of the state, courthouses, Division of Labor Standards Enforcement facilities, and shelters ..."48 S.B. 54 makes clear that the goal is for these public properties to "remain safe and accessible to all California residents, regardless of immigration status."49 California has the authority "to preserve the property under its control for the use to which it is lawfully dedicated. ,50 Courthouses, for example, exist "principally to facilitate the smooth operation of a government's judicial functions," and some expressive activities may be restricted, notwithstanding the First Amendment's protection of free speech, because of the government's interest in preserving its property for this dedicated use. 51 Here, the California Values Act reflects the judgment that providing assistance with immigration enforcement is inconsistent with the uses to which these public properties are lawfully dedicated. Taking measures "to the fullest extent possible consistent with federal and state law" to limit such assistance is California's right. Moreover, S.B. 54 is concerned with ensuring equal access to the government services provided at these public properties. Immigration enforcement in public buildings and services chills equal access, raising Equal Protection issues. In the public schools context, the Eleventh Circuit held that requiring public schools to ascertain the immigration status of every enrolled student 52 presented an "increased likelihood of deportation or harassment upon enrollment in school" that would "significantly deter[] undocumented children from enrolling in and attending school," in violation of their right SFSD personnel from sharing "release dates or times" or "home or work contact information" with federal immigration officials). 47 Steinle v. City and County of San Francisco, F. Supp. 3d , 2017 WL 67064 at *11 - *12 (Jan. 6, 2017) (holding that "[n]othing in 8 U.S.C. § 1373(a) addresses information concerning an inmate's release date. The statute, by its terms, governs only `information regarding the citizenship or immigration status, lawful or unlawful, of any individual"'). 48 S.B. 54, Proposed Section 7284.8. 49 Id 50Adderley v. Florida, 385 U.S. 39, 47, 87 S.Ct. 242, 247, 17 L.Ed.2d 149 (1966); see also United States v. Grace, 461 U.S. 171, 178, 103 S.Ct. 1702, 1707, 75 L.Ed.2d 736 (1983) ("There is little doubt that in some circumstances the Government may ban the entry on to public property that is not `public forum' of all persons except those who have legitimate business on the premises."). 51 See Rouzan v. Dorta, 2014 WL 1716094 at * 12 (C.D. Cal. 2014) (holding courthouse to be a "nonpublic forum" for First Amendment purposes) (citing, inter alia, Huminski V. Corsones, 396 F.3d 53, 91 (2d Cir.2004)). 52 Id. at 1244. Letter supporting California Values Act Page 8 of 14 to Equal Protection.53 The likelihood of immigration enforcement happening at the courthouse may similarly chill victims of (and witnesses to) crime from attending court, 54 raising Equal Protection problems 55 as serious as those that occur when police services are denied to disfavored populations. 56 Taking steps to disentangle public properties, and the services provided there, from immigration enforcement serves legitimate governmental and constitutional interests. Directing the Attorney General to pursue disentanglement "consistent with federal and state law" is both good law and good policy. For the above reasons, we urge you to sign Senate Bill 54, the "California Values Act," into law. Thank you for your consideration. Respectfully submitted,* Christopher N. Lasch Associate Professor University of Denver Sturm College of Law Kathryn Abrams Muneer Ahmad Herma Hill Kay Distinguished Professor of Clinical Professor of Law Law Yale Law School University of California, Berkeley School of Law 53 Hispanic Interest Coal. of Alabama v. Governor of Alabama, 691 F.3d 1236, 1247-48 (11th Cir. 2012) (citing Plyler v. Doe, 457 U.S. 202, 102 S. Ct. 2382, 72 L.Ed.2d 786 Q1982)). 4 See, e.g., Letter from Denver Mayor Michael Hancock, et al. to Jeffrey D. Lynch, Acting Field Office Director, U.S. Immigration and Customs Enforcement (April 6, 2017), available at http://www.denverpost.com/2017/04/06/denver-ice-agents- courthouse-school-raids/ (noting that as a result of immigration enforcement in Denver courthouses, "[a]lready we have victims of domestic violence refusing to come to court for fear of immigration consequences which results in violent criminals being released into the community"). ss See Letter from Tani G. Cantil-Sakauye, Chief Justice, California Supreme Court, to U.S. Att'y Gen'l Sessions et al. (March 16, 2017), http://newsroom.courts.ca.gov/news/chief-justice-cantil-sakauye-objects-to-immigration- enforcement-tactics-at-califomia-courthouses (arguing that immigration enforcement in California courthouses "undermine[s] the judiciary's ability to provide equal access to ustice"). 6 Elliot—Park v. Manglona, 592 F.3d 1003, 1007 (9th Cir.2010) ("[D]iminished police services, like the seat at the back of the bus, don't satisfy the government's obligation to provide services on a nondiscriminatory basis"). * Titles and institutional affiliations included for identification purposes only. Raquel E. Aldana Professor of Law McGeorge School of Law David Baluarte Associate Clinical Professor of Law Washington & Lee University School of Law Steven W. Bender Professor of Law Seattle University School of Law Maylei Blackwell Associate Professor University of California, Los Angeles Linda Bosniak Distinguished Professor Rutgers University Law School Letter supporting California Values Act Page 9 of 14 Carolina Antonini Adjunct Professor of Law, Atttorney Georgia State University, College of Law Jon Bauer Clinical Professor of Law and Richard D. Tulisano '69 Scholar in Human Rights University of Connecticut School of Law Lenni B. Benson Professor of Law New York Law School Henry Blair Robins Kaplan Distinguished Professor Mitchell Hamline School of Law Kristina M. Campbell Professor of Law University of the District of Columbia David A. Clarke School of Law Stewart Chang Violeta Chapin Associate Professor of Law and Director of Clinical Professor of Law the Center for International and University of Colorado Law School Comparative Law Whittier Law School Matthew H. Charity Professor of Law Western New England University School of Law Gabriel J. Chin Edward L. Barrett Jr. Chair & Martin Luther King Jr. Professor of Law University of California, Davis School of Law Erwin Chemerinsky Dean, Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law University of California, Irvine School of Law Marisa Cianciarulo Professor of Law Chapman University Brian Citro Stephen Cody Clinical Lecturer in Law Visiting Assistant Professor of Law University of Chicago Law School University of the Pacific, McGeorge School of Law * Titles and institutional affiliations included for identification purposes only. Letter supporting California Values Act Page 10 of 14 Dr. Neil H. Cogan David S. Cohen Professor and Former Dean Professor of Law Whittier Law School Drexel University Thomas R. Kline School of Law Marjorie Cohn Holly Cooper Professor Emerita Co -Director Immigration Law Clinic Thomas Jefferson School of Law University of California, Davis School of Law Frank Deale Ilene Durst Professor of Law Professor CUNY Law School Thomas Jefferson School of Law Maurice R. Dyson Ingrid Eagly Professor of Law Professor of Law Thomas Jefferson School of Law University of California, Los Angeles School of Law Stella Burch Elias Sally Frank Professor of Law Professor of Law University of Iowa College of Law Drake University School of Law Craig B. Futterman Cesar Cuauhtemoc Garcia Hernandez Clinical Professor of Law Assistant Professor of Law University of Chicago Law School University of Denver Sturm College of Law Lauren Gilbert Rashmi Goel Professor of Law Associate professor of law St. Thomas University School of Law University of Denver Sturm College of Law Joseph D. Harbaugh Dina Francesca Haynes Professor Emeritus and Dean Emeritus Professor of Law Shepard Broad College of Law, Nova New England Law Southeastern University Bill Ong Hing Geoffrey A. Hoffman Professor of Law Director UHLC Immigration Clinic University of San Francisco Univ. of Houston Kari Hong Alan Hyde Assistant Professor Distinguished Professor Boston College Law School Rutgers University * Titles and institutional affiliations included for identification purposes only. Ulysses Jaen Director & Professor Ave Maria School of Law Michael Kagan Professor of Law University of Nevada, Las Vegas Elizabeth Keyes Assistant Professor University of Baltimore School of Law Annie Lai Assistant Clinical Professor of Law University of California, Irvine School of Law Letter supporting California Values Act Page 11 of 14 Kevin R. Johnson Dean and Professor of Law University of California, Davis School of Law Anil Kalhan Associate Professor of Law Drexel University Thomas R. Kline School of Law Hiroko Kusuda Clinic Professor Loyola New Orleans College of Law Kevin Lapp Associate Professor of Law Loyola Law School, Los Angeles Eunice Lee Jennifer Lee Co -Legal Director, Center for Gender & Assistant Clinical Professor of Law Refugee Studies Temple University Beasley School of Law University of California, Hastings College of the Law Willem Maas Jean Monnet Chair York University Fatma Marouf Professor of Law, Director of Immigrant Rights Clinic Texas A&M University School of Law Julie Marzouk Assistant Clinical Professor Chapman University Fowler School of Law Peter Markowitz Professor of Law Cardozo School of Law Lisa M. Martinez Associate Professor University of Denver Estelle M. McKee Clinical Professor Cornell Law School Binny Miller Jennifer Moore Professor of Law and Co -Director, Criminal Professor of Law; Friedman Faculty Justice Clinic Excellence Award American University, Washington College of University of New Mexico School of Law Law * Titles and institutional affiliations included for identification purposes only. Nancy Morawetz Professor of Clinical Law and Co -Director, Immigrant Rights Clinic NYU School of Law Elora Mukherjee Associate Clinical Professor of Law Columbia Law School Howard S. (Sam) Myers III Adjunct Professor of Law University of Minnesota School of Law Zhulmira Paredes Adjunct Professor John Marshall Law School Karen Pita Loor Clinical Associate Professor of Law Boston University Law School Andrea Ramos Clinical Professor of Law & Director Of Immigration Law Clinic Southwestern Law School Francisco J. Rivera Juaristi Associate Clinical Professor of Law Santa Clara Law Letter supporting California Values Act Page 12 of 14 Hiroshi Motomura Susan Westerberg Prager Professor of Law University of California, Los Angeles School of Law Karen Musalo Professor University of California, Hastings College of the Law Sarah H. Paoletti Practice Professor of Law University of Pennsylvania School of Law Amagda Perez Lecturer and Co -Director, Immigration Law Clinic University of California, Davis School of Law William Quigley Professor of Law Loyola University New Orleans Dr. Paula R. Rhodes Associate Professor University of Denver Sturm College of Law Rocky Mountain Collective on Race, Place & Law Sarah Rogerson Associate Professor of Law and Director, Immigration Law Clinic Albany Law School Victor C. Romero Tom I. Romero II Maureen B. Cavanaugh Distinguished Faculty Associate Professor Scholar & Professor of Law University of Denver Penn State Law Michael Rooke -Ley Carrie Rosenbaum Emeritus Professor of Law Adjunct Immigration Law Professor Nova Southeastern University Golden Gate University School of Law * Titles and institutional affiliations included for identification purposes only. Rachel E. Rosenbloom Professor of Law Northeastern University School of Law Ragini Shah Clinical Professor of Law Suffolk University Rebecca Sharpless Clinical Professor University of Miami School of Law Juliet P. Stumpf Robert E. Jones Professor of Advocacy and Ethics Lewis & Clark Law School Dr. JoAnne Sweeny Associate Professor of Law University of Louisville Philip L. Torrey Managing Attorney and Lecturer of Law Harvard Law School Diane Uchimiya Director of the Justice and Immigration Clinic and Law Professor University of La Verne College of Law Julia Vazquez Supervising Attorney & Lecturer of Law Southwestern Law School Shoba Sivaprasad Wadhia Samuel Weiss Faculty Scholar and Clinical Professor of Law Penn State Law Letter supporting California Values Act Page 13 of 14 Ruben G. Rumbaut Distinguished Professor of Sociology, Criminology, Law and Society University of California, Irvine Peter M. Shane Jacob E. Davis & Jacob E. Davis II Chair in Law Ohio State University Moritz College of Law Sarah Sherman -Stokes Clinical Instructor Boston University School of Law, Immigrants' Rights Clinic Maureen A. Sweeney Law School Associate Professor University of Maryland Carey School of Law Katharine Tinto Assistant Clinical Professor of Law University of California, Irvine School of Law Mary Pat Treuthart Professor of Law Gonzaga University Michael S. Vastine Professor of Law and Director, Immigration Clinic St. Thomas University School of Law Leti Volpp Robert D. and Leslie Kay Raven Professor of Law University of California, Berkeley School of Law Robin Walker Sterling Associate Professor University of Denver Sturm College of Law * Titles and institutional affiliations included for identification purposes only. Lindsey Webb Assistant Professor University of Denver Sturm College of Law Richard Ashby Wilson Gladstein Chair of Human Rights and Professor of Law and Anthropology University of Connecticut Mark E. Wojcik Professor The John Marshall Law School Elliott Young Professor of History Lewis & Clark College Letter supporting California Values Act Page 14 of 14 Deborah M. Weissman Reef C. Ivey II Distinguished Professor of Law University of North Carolina at Chapel Hill School of Law Michael J. Wishme William O. Douglas Clinical Professor of Law and Deputy Dean for Experiential Education Yale Law School Marai Woltjen Executive Director, Young Center for Immigrant Children's Rights at the University of Chicago University of Chicago * Titles and institutional affiliations included for identification purposes only. Received After Agenda Printed April 10, 2018 Item No. 13 From: O'Neill, William Sent: Tuesday, April 10, 2018 11:46 AM To: Brown, Leilani Subject: FW: From Therese Please present this to the NB City Council for the agenda item Will O'Neill Mayor Pro Tern City of Newport Beach From: Therese Loutherback <mrmrswine@gmail.com> Date: Monday, April 9, 2018 at 10:55 AM Subject: From Therese Please present this to the NB City Council for the agenda item Of course we are against Sanctuary Cities. Sanctuary cities not only are illegal, they prevent the Federal Government from doing their jobs of arresting illegals for crimes for which they should either be imprisoned or deported. Illegals as importing serious drugs and crime into our country and murdering innocent citizens. It's time the state of (Communist) California start protecting it's citizens, not protecting those who come here illegally! Let ICE and the Federal government do their jobs. And let the Federal Government take away any funds from any city in the state of California who do not cooperate with the laws. And then persecute any law makers who defy the Federal laws and Constitution,for which they promised to withhold. We citizens must stand up to those in Sacramento who choose to implement radical leftist laws that are destroying our liberty and constitution. Therese Loutherback 53 Cambria Dr. Corona Del Mar, CA 92625 Received After Agenda Printed April 10, 2018 Item No. 13 From: City Clerk's Office Sent: Tuesday, April 10, 2018 1:37 PM To: Mulvey, Jennifer; Rieff, Kim Subject: FW: Citizen comment for Newport Beach City Council meeting regarding SB 54, April 10, 2018 From: D Elms Sent: Tuesday, April 10, 2018 1:36:58 PM (UTC -08:00) Pacific Time (US & Canada) To: Dept - City Council; City Clerk's Office Subject: Citizen comment for Newport Beach City Council meeting regarding SB 54, April 10, 2018 Dear Newport Beach City Council members: I will be unable to attend the City Council meeting today, April 10th, 2018, but it's important I share my views regarding SB 54. I was born at Hoag Hospital, spent most of my childhood here, and many years ago, returned to help my mother, relocating my business to Newport Beach as well. Though I miss the more open ranges of my childhood, I appreciate the vibrancy among the range of people now here in our city and county. As a citizen of the city of Newport Beach, I am appalled to hear that you might allow people who have been travelling like carpetbaggers, from city to city within Orange County, coming from other cities, other counties, and even other states, an equal opportunity to speak in order to influence your vote as city residents. I support 100% the inclusion of Orange County, and especially Newport Beach, within our great state of California, regarding supporting SB 54. 1 oppose any effort to separate our city from its support of ALL of our people. Your actions will be watched by those who live here when the others have gone home. Please remain in support of SB 54. My best, Deborah Elms 222 Parkcrest Newport Coast, CA 92657 Received After Agenda Printed April 10, 2018 Item No. 13 From: Kathe Choate <choateoncliff@gmail.com> Sent: Friday, April 06, 2018 7:55 AM To: Dept - City Council Subject: Sanctuary city My husband and I are long time residents of Newport Beach. We wanted to pass on to the city council our opinion on sanctuary cities. WE BELIEVE IN THE RULE OF LAW AND FAIL TO SEE HOW SANCTUARY STATUS WOULD BENEFIT OUR COMMUNITY. Bruce and Kathe Choate Sent from Ruckus's Gabby Received After Agenda Printed April 10, 2018 Item No. 13 From: Mary Ann Celinder <macelinder@gmail.com> Sent: Saturday, April 07, 2018 9:17 AM To: Dept - City Council Subject: Sanctuary state Council members: I will be out of town this coming Tuesday when you will be taking public comments as you consider formally= opposing California's key "sanctuary state" law . You will no doubt have a number of anti -immigrant speakers telling their alt -right and alternative facts stories to drum up fear about immigrants. The Huntington Beach council meeting was an expedition of the worst hate I'd ever witnessed. They will be out in force to disrupt your meeting. Renleluber who we are, we are not these people. If you grew up in Orange County, do you remember your 4th grade county history? I'm a descendant of one of Father Serra's guards who came to California with Portola in 1769. Jose Antonio Yorba was granted a large parcel of land from Spain that included Newport Beach, land that was Native American territory. Mexican land grants came next, then Americans moved west and the land changed hands once again. We are a county, of change. We are also a county of people looking for new beginnings. On my dad's side, his family left the Oklahoma dust bowl in the 1930's seeking the land of mill: and honey. My husband's family came to escape the cold Chicago winter and sail the sunny waters of the Newport Coast. Waves of people continue to arrive in Orange County looking for a better life, you have your family story as do each of your neighbors. We all have our stories of how we came to Orange County. As a 6th generation Orange County citizen, I welcome our diversity. We can't demonize the newer arrivals. Their reasons for coming are as diverse as the places they are from. Many are refugees from lands that are dangerous. The trouble makers/criminals are a VERY small minority, a smaller minority than the criminals of our general population. The majority of immigrants contribute and enrich our lives. Do not let the anti immigration people attending your meeting this "Tuesday define Newport Beach. This is not who we are. Mary Ann Celinder 21341 Fleet Lane Huntington Beach, CA 92646 -Received -After -Agenda Printed April 10, 2018 Item No. 13 From: nbtrotter <nbtrotter@gmail.com> Sent: Saturday, April 07, 2018 1:52 PM To: Dixon, Diane Subject: Senate Bill 54 I am a resident of Newport Beach. Please do not oppose SB 54 as is proposed in the resolution to be considered by the City Council on Tuesday. I believe that the actions of the federal government have reached the point of being inhumane. I accept that state and local governments must comply with applicable federal law; and in general have a good relationship with the federal government but I do not believe that Newport Beach should voluntarily take cooperative steps that add to the current inhumanity of the federal government. Thank you, Larry Mathena Received After Agenda Printed April 10, 2018 Item No. 13 From: Gialisa Gaffaney <gialisa@gmail.com> Sent: Sunday, April 08, 2018 10:45 AM To: Dept - City Council Subject: Tuesday's meeting Follow Up Flag: Follow up Flag Status: Flagged As I hope you know, the Brown Act requires any discussion of a resolution on SB -54 to be conducted in OPEN SESSION. I have read about the anti-immigrant/white supremacists traveling from city to city, and I can understand why you would want a closed session, but it is against the law. My understanding is that the city council must first vote to bring the matter of SB -54 back as an agenda item before voting on it at this week's meeting. As a Corona del Mar homeowner, resident, and parent, I would also like to lodge my opinion that SB -54 encourages undocumented neighbors to report crimes and talk to the police, MAKING US ALL SAFER. I would urge you not to fall prey to political whims of today, and pressures to WASTE OUR HARD-EARNED TAXES on anti -immigrant tactics. SB -54 allows officials to deport felons, as it should. But if we are here to "love our neighbors," that does not mean deporting the parents of the AMERICAN children who were born here, and who attend school with our/my children. I don't care whether you are Republican or Democrat or Libertarian or Martian— I expect our elected officials to act with reasonable deliberation and compassion, and resist becoming beholden to political passions of Trump-ists. Plus, almost all of you ran on a platform of fiscal conservatives, which is well supported in our community. To spend un- needed money on a frivolous lawsuit to satisfy the whims of anti -immigrant protestors—most of whom do not even live here—is irresponsible at best, and racist at worst. As to the merits. POLICE were the ones who originally came up with the idea of refusing to ask people's immigration status when they talk to police. This is because it MAKES US SAFER, and helps the police to gather information and evidence of criminal activity. There are countless instances where abused women have been deported along with their abusers, continuing the cycle of violence and oppression that Americans are supposed to stand up to. Most parents in our community cannot make a 7pm meeting on a Tuesday night. This Tuesday is "math night" at our local school, and many of us are already committed to that event. My own kids have classes and sports till 8pm. But know this: we are the majority of voters who actually LIVE HERE. And we are watching you. And we want compassion and fiscal responsibility from our elected officials. Joining Trump's lawsuit against our state would reflect NEITHER. Gialisa Gaffaney —Homeowner, resident, parent, and Christian. Received After Agenda Printed April 10, 2018 Item No. 13 From: Rickie Hulsey <rickiehulsey@yahoo.com> Sent: Sunday, April 08, 2018 12:46 PM To: Dixon, Diane; Avery, Brad; Duffield, Duffy; Muldoon, Kevin; Muldoon, Kevin; Herdman, Jeff, Peotter, Scott; O'Neill, William Subject: SB54 VOTE OPT OUT 4/10 ILLEGALS out not immigrants. Vote to opt out of S1354. This is no different than a father bringing home his pay check, but goes and gives it away to take care of illegal criminals. Eventually, his own family starves. Here is an example, I saw today. THIS AFFECTS EVERYONE IN CA. Illegal activity does not confine itself. We ALL PAY. Saw this today. A bit infuriating. The frustration. So sad, a life lost. Now taxpayers have to pay to house this illegal, judicial fees, our ins. goes up, on ; on. And this is only one of the estimated million illegals here in CA. MayhernM The inmates are running the prison. Woman Convicted of Murder in Gruesome DUI Hit -and -Run Case Thank you, Rickie Born/raised/live in CA Sent from Yahoo Mail on Android 1 Received After Agenda Printed April 10, 2018 Item No. 13 From: GWG <gialisa@gmail.com> Sent: Sunday, April 08, 2018 12:56 PM To: Dept - City Council Subject: Info about SB54 Please do not allow people's fear to distract you from the facts. SB54 does not allow officials to release dangerous criminals to the streets. In fact, they are supposed to call the fed to have felons deported. Here is an article about how it ACTUALLY works: http://www.latimes.com/politics/la-pol-ca-sanctuary-state-criminals-explained-20180406-htmistory.html Warm regards, Gialisa Gaffaney Editor -in -Chief, OC Lativyer Migazine Freelance Author Adjunct Prqfessor, Topics in Law, and Political Science Received After Agenda Printed April 10, 2018 Item No. 13 From: Judy Strauss <jmstrauss@cox.net> Sent: Monday, April 09, 2018 8:20 AM To: Dept - City Council; City Clerk's Office; info@nbwdc.org Subject: Public Comments: Agenda Item #13 - SB 54 We STRONGLY support SB 54 & heartily urge the NB City Council to PASS this important bill ... NOW! Judy & Steve STRAUSS 2501 island View Dr. Corona Del Mar Sent from my iPad Received After Agenda Printed April 10, 2018 Item No. 13 From: nikkis19 <nikkisl9@pacbell.net> Sent: Monday, April 09, 2018 8:51 AM To: Dept - City Council; City Clerk's Office; info@nbwdc.org Subject: Public Comments: Agenda Item #13 - 5B 54 I am in support of sanctuary cities! And glad that our state is also. Sent firo Yt my Verizon, t>ainsung Galaxy sina `tphone Received After Agenda Printed April 10, 2018 Item No. 13 From: Shirin Forootan <szandpour@gmail.com> Sent: Monday, April 09, 2018 10:05 AM To: Dept - City Council Subject: SB -54 As a Corona del Mar homeowner, resident, and parent, I would also like to lodge my opinion that SB -54 encourages undocumented neighbors to report crimes and talk to the police, MAKING US ALL SAFER. I would urge you not to fall prey to political whims of today, and pressures to WASTE OUR HARD-EARNED TAXES on anti -immigrant tactics. SB -54 allows officials to deport felons, as it should. But if we are here to "love our neighbors," that does not mean deporting the parents of the AMERICAN children who were born here, and who attend school with our/my children. POLICE were the ones who originally came up with the idea of refusing to ask people's immigration status when they talk to police. This is because it MAKES US SAFER, and helps the police to gather information and evidence. My name is Shirin Forootan and I live at 708 Iris Ave., Corona del Mar CA 92625. Received After Agenda Printed April 10, 2018 Item No. 13 From: Joy Brenner <joy@joyfornewport.com> Sent: Monday, April 09, 2018 10:39 AM To: Dept - City Council Subject: SB 54 Everyone with whom I have spoken feels this is not something we should be spending city resources on, either in terms of money, staff or volunteer time, and is a divisive discussion over which we have no actual control. It's just `playing politics' when we have much more important issues on which to spend our time and energy. Jo Y Brenner M(a�,�oE ornewport. com (949) 200-9993 Received After Agenda Printed April 10, 2018 Item No. 13 From: Jamie Young <jmeyng@gmail.com> Sent: Monday, April 09, 2018 11:02 AM To: Dept - City Council; +cityclerk@newportbeachca.gov; +info@nbwdc.org Subject: Public Comments: Agenda Item #13 - SB 54 I oppose SB 54 Jamie Young Received After Agenda Printed April 10, 2018 Item No. 13 From: Patricia Insley <pinsley623@gmail.com> Sent: Monday, April 09, 2018 12:20 PM To: Dept - City Council Subject: SB 54 Follow Up Flag: Follow up Flag Status: Flagged To the City Council Members of Newport Beach, I have been a resident of Newport Beach for over 30 years, have raised a family here, and this is the first time I have written a letter to the City Council. I am doing so because I understand that the Council plans to consider joining a lawsuit against SB54 on Tuesday night. I understand that this issue may be in closed session but I do want to make my views clear and ask that you consider this input. I have seen video clips of meetings related to SB 54 in Huntington Beach and Aliso Viejo with speakers spewing hate speech, holding hate signs, and using fear mongering tactics. I understand that in Huntington Beach some of the professional hecklers and haters came from as far as northern California and Arizona. You may have seen photos in the Daily Pilot of some of their signs with wording such as such as Deport Them All. This movement disparages all immigrants and implies that all are criminals. The Federation for American Immigration Reform which is sponsoring these hate efforts is a Washington DC -based group that is described as an anti -immigrant hate group with ties to White Supremacists. I implore you to place our city on the right side of history and to reject the hate -filled rhetoric that is at the heart of this movement. Send a signal to the thousands of hard-working, law-abiding immigrants from all origins who the work in the shadows in our city, maintaining our landscapes, caring for our children, cleaning our homes, and building homes, that immigrants are welcome in Newport Beach. Focus on the authentic, local issues impacting our city such as growth, pension liabilities. airport noise, the cleanliness of our harbor and quality of life, etc. SB54 is already being challenged by the Federal Department of Justice and does not need to be addressed by our City Council. Demonstrate integrity and leadership, keep our city off this frightening bandwagon, and show the world that Newport Beach maintains the values of inclusivity. The reputation of this wonderful city is in your hands. Patricia Insley 623 St. James Place Newport Beach, Ca Received After Agenda Printed April 10, 2018 Item No. 13 From: Donna Di Bari <dbldesigns@aol.com> Sent: Monday, April 09, 2018 12:56 PM To: Dept - City Council Subject: No Sanctuary City!! I sincerely hope that the city of Newport Beach does not buckle under pressure and succumb to approving this ridiculous measure! NO..NO.. we DO NOT want to be a Sanctuary City!! No! Thank you, Donna Di Bari Balboa Island Resident Sent from my Wad Received After Agenda Printed April 10, 2018 Item No. 13 From: Jeanne Fobes <jeannefobes@gmail.com> Sent: Monday, April 09, 2018 1:15 PM To: Dept - City Council; +cityclerk@newportbeachca.gov; +info@nbwdc.org Subject: Public Comments: Agenda Item #13 - SB 54 To: Members of the Newport Beach City Council From: Jeanne Fobes, Newport Beach 92663 This is to express my dismay at your proposal to pass a resolution opposing SB54. I am deeply opposed to allowing the federal government to "commandeer" state officials to do its bidding in law enforcement. Supreme Court precedent does not allow the federal government to force local law enforcement to investigate or report immigration status. It also means California can decline to expend its resources to enforce federal law. I beseech you to take the action dictated by Supreme Court precedent and by the compassionate consciences of your constituents. Vote to wholeheartedly SUPPORT SB 54!!!! Sincerely, Jeanne Fobes Newport Beach Resident for 48 years Zip 92663 Received After Agenda Printed April 10, 2018 Item No. 13 From: judygould@peoplepc.com Sent: Monday, April 09, 2018 2:54 PM To: Dept - City Council; City Clerk's Office; info@nbwdc.org Subject: Public Comments: Agenda Item #13 - SB 54 I support the bill SB54 to protect our citizens. Judy Gould 508 Playa Newport Beach. Received After Agenda Printed April 10, 2018 Item No. 13 From: Gerlt, Linda Sent: Monday, April 09, 2018 3:32 PM To: Dept - City Council Subject: SB 54 Sanctuary State Act Dear Council Members, I would like to know if the city of Newport Beach will be joining many of the other cities in Orange County in the federal lawsuit against SB54, the Sanctuary State Act? Thank you, Linda Gerlt Library Assistant Newport Beach Public Library Received After Agenda Printed April 10, 2018 Item No. 13 From: Bonnie O'Neil <boneilseven@gmail.com> Sent: Monday, April 09, 2018 8:31 PM Subject: Sanctuary State > Dear Mayor and N.B. City Councilmen. > Our hope is that Newport Beach will join other Orange County cities in their attempt to exempt us from the State's unfortunate decision to make California a Sanctuary State. > Bonnie and Dan O'Neil > 135 Morning Star > Newport Beach Received After Agenda Printed April 10, 2018 Item No. 13 From: Irene Kinoshita <ikinoshita2@gmail.com> Sent: Monday, April 09, 2018 8:57 PM To: Dept - City Council Subject: Resolution to condemn SB54 To whom it may concern: I have been a resident of Newport Coast for the past 17 years. I strongly oppose the proposal of Mayor Muldoon and Councilman Poetter to join the lawsuit against California's sanctuary laws, and I urge you defeat the proposal. Irene Kinoshita Newport Coast Received After Agenda Printed April 10, 2018 Item No. 13 From: Pamela Brusic <pbrusic@pacbell.net> Sent: Monday, April 09, 2018 10:40 PM To: Herdman, Jeff, O'Neill, William Cc: Dixon, Diane; Avery, Brad; Duffield, Duffy; Muldoon, Kevin; Peotter, Scott Subject: Proposed resolution opposing SB 54 Dear Councilman Herdman. Mayor O'Neill, and Council members from other districts, I strongly support 5654. Equally strongly, I oppose the idea that our city would add its voice to those who would undermine the protections against ethnic profiling that are afforded by S1354. The current wave of xenophobia mirrors those of earlier eras against Irish immigrants, Italians, Asians, and others. A common thread in all of these embarrassing episodes of US history is demagogic voices trying to build political capital by portraying the target group as dangerous and a threat to American society. I object to my tax -supported city police department assisting in the harassment and even persecution of any group. I object to my publicly -elected city council adding my city to the shrill and prejudiced voices that preach a doctrine of walls and exclusion, of demonizing others, fomenting false fears and posturing as strongmen and protectors. Do not take the side of the hate -mongers. Do not align our city with the garbage being tweeted from the White House. Sincerely, Pamela Brusic 1829 Port Sheffield Place Newport Beach, CA 92660 Received After Agenda Printed April 10, 2018 Item No. 13 From: Shayna Lathus <shayna.lathus@yahoo.com> Sent: Tuesday, April 10, 2018 5:35 AM To: Dept - City Council Subject: Agenda Item 13 Good morning. Re: Agenda Item #13: "Adoption of Resolution No. 2018-23 Opposing Senate Bill 54 (California Values Act) 13. a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2018-23, A Resolution of the City Council of the City of Newport Beach, California, Opposing Senate Bill 54 (California Values Act)." I am in strong support of the California Values Act and strongly oppose Resolution No. 2018-23, which would cost unnecessary tax dollars as well as create a Newport Beach that is less safe for all residents and visitors. Please vote NO on Agenda Item 13. Thank you. —Shayna Lathus Received After Agenda Printed April 10, 2018 Item No. 13 From: Eddy.N@verizon.net Sent: Tuesday, April 10, 2018 6:48 AM To: Dixon, Diane Subject: SB54 Dear Newport Beach City Council: We don't feel safe with criminal illegal aliens because they may rape our women and children, transmit diseases, kill us as drunk drivers, rob, steal, caused accidents with no insurance, commit other crimes or kill cops https://www.incluisitr.coin/1566')88/illegal-iminigrant-acctised-of-killing-two-calit.ornia-deputies/ . Los Alamitos's city council passed an ordinance to defy SB 54, the state's main sanctuary law that bars local authorities from honoring Immigration and Customs Enforcement (ICE) detainers. Orange County's Board of Supervisors 'voted to join the Trump administration's lawsuit challenging California's three sanctuary state laws and condemn the state's "sanctuary city" law, and NB should do the same. likely to be murdered by an illegal alien thari be killed by a rifle. z N. Consider this: Escondido voted 4-1 authorized the city's filing of a legal brief in support of the Trump administration's lawsuit challenging California's three sanctuary city laws for violating the Supremacy Clause of the Constitution. Escondido is the first city in San Diego County to consider defying the state's "sanctuary" laws, San Diego County and other counties are joining the anti -sanctuary revolt. IMPREGNATING 12 m IN 0 1015 Meg l A�yp ftSON 43R►AN 'Mitt KIDNAPPING, ILLEGALS HELD IN RAPING A 12-YEAR-OLO BRUTAL GANG RAPE IN GIFT MASSACHIISETIS MEXICAN ILLEGAL ALLEN ARRESTED FOR ALLEGHLY KIDNAPPING, U1 DEPORTS ILLEGAL ALIEN WANTED FOR ALIEN ARRESTED F1 BINDING CHILD WIT 11UGT TAPE, GFFERI HER FOR SEK I _«x ILLEGAL ALIEN ALL TO STAY IN USA PLI GUILTY TO RAPE, MURDER, KIDNAPP 3 Cities and counties must join the Immigration Reform Law Institute (IRLI) who is fighting California's dangerous and unconstitutional sanctuary laws by filing amicus or friend -of -the -court briefs in support of the federal government's lawsuit. The lawsuit, U.S. v. California, claims that three California state laws, "The California Values Act" (SB54), "The Immigrant Worker Protection Act" (AB450), and Assembly Bill 103 (AB 103) unconstitutionally obstruct the federal government's ability to enforce immigration laws. IRLI takes aim at SB54 and AB450 in the brief it filed. This brief shows that SB54 and AB450 directly interfere with federal enforcement of immigration law, even in ways that invite armed confrontations between state and federal officers. The brief also shows that authority to pass these laws is not reserved to the states in the Tenth Amendment, and that S1354, in which California decides for itself which categories of aliens get to stay in the United States, usurps the federal government's exclusive authority over foreign relations. Victims Of Megal Alien Crime 7.049 a GAR Crff"M"Ch"" ASS&M IN Drug Related Obsbudkg POOH °_'';Theft Sexual ASMA Robbefy SKOMPPkV Crinis Victims rrf` IlI��:E� �F�lycrt ,hMVI1 Ix+krw IrL luet,a h.7ndtulot t1w rrsamy lbousaruh 0 Inrwx vY hrrw,ricam Min I+.,vs ltrr:n xraruderrxt, rtiveit, kidnat:¢x�cl, rut�lrrx! ortitkrexwh'c� tr#rs8ially hasnM�<1': by Wst N own sr•pir. Iles right tut lx, in Ili" ctgraltty. Mw filth lmx.ir mratl#su raw aol dLx)als xhowF that ia> ny do iw! crone to wr)4 4+d to i rinxgl cril t, It r4trtrr.r:ursrntpAhiNtSIT. he the htcCstn,KanIUN;Iy t>rH' 3-414lXlrntx rnxlre thing'.nout t)rekrpwi to 4 illampli ow tnniigp%, tnmds and riek}hlyam t , ...� Tr+YJ.%, !m is Wrglfthl 4141"t.14 D", Waii-mg ;d tr.., :-s,r,�si Me n'Jrr:uri+-:r1-I'ltc+:rk;l� -11—, d , :(-{; C".ai % ''w� e'l a. 7 0-0 t� 3 re 11A I -'i}. <. ori p-0'1 b, V, tkh'. '0": vri j:4ti"� .,,r li• uN' x f Mary Nigh loycc Dirgitrr S(ott'Cardaitr 'r ,u{i�.i x3 i.e'. S 4il,xsdn113 A.,, i p is<:¢• F +->efi, I I,n NNt fi U). "a :w 11, 7r a.l ;-I, 1-111-1 Al -1'.'A I 1+: n .mI!! • _ rsi it +1,:e Mor*. IaGsrxn+.tloM zt www,tin�il{r�rtrsnrtEsmrsin4owl:.�rq IRLI addresses all 3 state laws in a separate brief on behalf of a coalition of California municipalities and elected officials, including the cities of Escondido, Mission Viejo and Yorba Linda, and U.S. Rep. Dana Rohrabacher(CA-48). These municipalities and officials have grave concerns that the challenged state laws not only violate federal supremacy, but will make cities and local officials criminally liable. The brief shows that by restricting the ability of local governments and private businesses to cooperate with federal immigration officers, AB450 and SB54 compel them to commit the federal crime of concealing, harboring, or shielding illegal aliens. The brief also demonstrates that contacting and working with governmental enforcement authorities is protected First Amendment free speech activity that California cannot constitutionally prohibit. The federal government and the Constitution speak for Californians on immigration. This is a textbook application of the Supremacy Clause, and laws like SB54 and AB450 are not only flagrantly unconstitutional but extremely dangerous — to both the safety of ALL Californians and the integrity of our federal republic. 5 In Orange County, Mission Viejo supports Los Alamitos's ordinance while Buena Park, Aliso Viejo, Fountain Valley, San Juan Capistrano, Yorba Linda, Barstow, Hesperia filed or joined amicus briefs. Aliso Viejo just voted 4-1 to join Trump DoJ lawsuit against California, along with officials from West Covina, San Marcos, San Dimas. Huntington Beach voted 6-1 to sue California to seek relief from the SB54 mandates because California's "sanctuary" laws represent a threat to public safety and city lawmakers have been exploring options to ensure the safety of its citizens and "maintain local control, while at the same time, fulfill our oath of upholding the Constitution." NB must stay ahead of the curve to protect its residents, rally other cities, join Trump lawsuit with amicus brief, pass ordinance to exempt itself and allow ICE cooperation because the wall is being build right now by the Army Corps of Engineers, National Guard troops are being sent to the border, and it is not a wise move for California to defy the US government headed by Trump, because he is doing the right thing to secure our borders to keep us safe from the alien invasion. This message and any attached document is sent privately in the public interest and may contain candid, open, and truthful advice, recommendations, opinions, proposals, and information that is privileged, proprietary, non-public and exempt from disclosure, confidential or otherwise protected by law, and may be subject to executive, diplomatic, judicial, clerical, deliberative process or other privilege and is intended solely for the recipient and not for disclosure or distribution. 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Received After Agenda Printed April 10, 2018 Item No. 13 From: Aubrey Roy <aubrey.r.roy@gmail.com> Sent: Tuesday, April 10, 2018 6:55 AM To: Dept - City Council Subject: City Council Meeting April 10 Agenda Item 13 Follow Up Flag: Follow up Flag Status: Flagged Good morning Newport Beach City Council, I am emailing in regard to your agenda item 13. 1 have lived in Orange County the majority of my adult life and have been proud to call Newport Beach home. I love how diverse and inclusive the community is. I understand the concerns of some members of the community about the impact SB 54 may have on crime and legality of the of the law. However, repeated academic studies have shown that having immigrants - both documented and undocumented - actually DECREASES crime in a community. Recent academic studies have shown that being a sanctuary county has positive impacts on communities. There are, on average, 35.5 fewer crimes committed per 10,000 people in sanctuary counties compared to nonsanctuary counties. This is largely due to the fact that there is increased trust between immigrants and law enforcement, so they are more likely to report crime and cooperate in investigations. Additionally, because law enforcement resources are not being used to help with federal investigations, and instead are being used to help with local crime, law enforcement officers have the time and resources necessary to solve and prevent crimes. Additionally, I'm sure you'll hear arguments that this is about federal law, and that's correct. It is a FEDERAL issue. Federal courts have repeatedly found that local Compliance with detention requests is voluntary. It is significant use of resources that could be better allocated toward helping our community in other ways. Newport Beach should not spend it's resources on on these, when we can use the money to investigate more serious crimes and ensure our police officers have the right resources. Let's not use resources on a case that is already being litigated in the courts. I understand that you may also be concerned about the state's overreach in local issues. I disagree with this point. However, we may not see eye -to -eye. In which case, I'm asking you to please choose a different issue to make a point about the state overreach. If you believe the state is overreaching in t his case, I'm sure you believe they will in another. This issue is too divisive, and making a stand now is taking a dangerous political statement. The message about local control gets lost. Additionally, few officers are sharing this information anyway in this state, so SB 54 has nearly no impact on officers. I appreciate your time and your dedication to this city. Please continue to keep Newport Beach safe and support SB 54. It can only benefit this city. Thank you, --Aubrey Roy Received After Agenda Printed April 10, 2018 Item No. 13 From: Don Miller <henwedge@aol.com> Sent: Tuesday, April 10, 2018 10:06 AM To: Dept - City Council Subject: Stop this madness! Dear Council, Anyone with a brain and who understands data knows that SB54 keeps people SAFE and is supported by law enforcement for a good reason. I understand the mothership at the GOP thinks this is a winning strategy to win elections. It's not. The OC is upside down on Trump bigly and you attaching to this campaign strategy is outright stupid. Remember how well Prop. 187 went down? Double that when Trump tanks. Stay out of the frey, stop causing needless suffering and wasting our time and our tax dollars on political stunts! If you want some facts to inject in the debate... https://www.americanpro reg ss.org/issues/immigrationlreports/2017/01/26/297366/the-effects-of-sanctuary policies -on -crime -and -the -economy/ Sincerely, Concerned Resident Received After Agenda Printed April 10, 2018 Item No. 13 From: Kathy Hill <kathyh@bja-inc.com> Sent: Tuesday, April 10, 2018 12:27 PM To: Dixon, Diane; Avery, Brad; Duffield, Duffy; Muldoon, Kevin; Herdman, Jeff; Peotter, Scott; O'Neill, William; Dept - City Council Subject: Sanctuary City Status - SB54 Attachments: Ltr to City Council Members 4-18.pdf Please see attached letter. Bonnie & Brion Jeannette Brion Jeannette Architecture Custom Architecture I Energy Efficient Design 470 Old Newport Blvd. Newport Beach, CA 92663 T: 949.645.5854 ext. 210 kathyh@bia-inc.com www.customarchitecture.com hovzz Follow us on Houzz and see what we're uo to CONFIDENTIALITY: The information contained in this a -Mail message, including any accompanying documents or attachments, is from Brion Jeannette Architecture and is intended only for the use of the individual or entity named above, and is privileged and confidential. If you are not the intended recipient, be aware that any disclosure, dissemination, distribution, copying or use of the contents of this message is strictly prohibited. Due to the vulnerabilities associated with electronic communications this message and any attachments should be checked for destructive content prior to executing. BJA is not responsible for loss or damage arising from the use of this e-mail or attachments. Received After Agenda Printed April 10, 2018 Item No. 13 April 10, 2018 Bonnie Jeannette 400 Santa Ana Avenue Newport Beach, Ca. 92663 City Newport Beach City Council Chambers 100 Civic Center Drive tNewoort Beach, California 92660 Email: Re: Sanctuary City Status—SB 54 To the Honorable Mayor Duffield and City Council Members, I write to strongly object to the City of Newport Beach opposing the State of California's position on SB 54. I fully support the deportation of an illegal immigrant who has committed a crime. It is entirely another thing to randomly expose and remove residents who have obeyed the law, raised families, own homes, pay taxes and work productively in our community. Throughout the history of America an immigrant population has labored to improve the quality of their lives and their descendants. It is on this foundation that America is built. All of us are a product of our descendant forbearers fleeing unimaginable circumstances to improve their lives. A dear friend of mine who is Hispanic was followed home to his apartment building, which he owns, after a full day of hard work. He was approached by a police officer and made to produce his citizenship papers. He was not believed when he explained that he owned the apartment building he lived in. His wife and children stood on the lawn watching this ordeal before he produced enough proof to be freed of the questioning. He committed no crime, broke no laws. This horrible confrontation was simply because he is of Mexican decent. With little effort this movement to round up all illegal immigrants, law abiding or not, could be come the next 'McCarthy Eera.' The Nes that have been perpetrated against the Hispanic community are outrageous and are designed to divide us as a nation and a people. I urge the City Council to support the State of California and take the high ground for humanity. Concerned Citizens, G�ikra_.- ....�1✓�-.fit` �' � (/�7-rte- `� • ��t�' Bonnie & Brion.!" eannette Received After Agenda Printed April 10, 2018 Item No. 13 From: Dave Conant <dconant2@thecargroup.com> Sent: Tuesday, April 10, 2018 1:13 PM To: Dept - City Council Subject: Oppose SB 54 Dear Council Members, My wife and I are 34 -year residents of the Dover Shores neighborhood in Newport Beach. We have been so proud to raise our four children here and feel blessed to be part of this community. We have supported the public schools every year for 25 plus years with frequent gifts to the various educational foundations to make up for the State's shortfall in funding of important programs. Sacramento's priorities have always been different than ours. In the recent 10 years the state has seemingly gone nuts and their Sanctuary State bill SB 54 is clear evidence of their insanity. The pendulum eventually swings I have observed and it is high -time; it needs to swing back on this issue. Please join the other cities and the County of Orange and vote tonight to oppose SB54. It is time to reverse the insane legislative trend that Jerry Brown and his legislature have us on. The nation is watching and it's time to change the course of history for this great state. Respectfully, David M. Conant Catherine A. Conant 1381 Galaxy Drive N.B. 92660 Received After Agenda Printed April 10, 2018 Item No. 13 From: Bill Frederickson <frederickson@sbcglobal.net> Sent: Tuesday, April 10, 2018 3:27 PM To: Dept - City Council Cc: Debbie Subject: Sanctuary State I am in favor of the city of Newport Beach supporting the Federal Government in their suit against California Sanctuary State laws. We must follow the lays set down by our Federal Government not try to dismiss the law due to a political agenda. Bill and Debbie Frederickson 1433 Santiago Dr Newport Beach 92660 Received After Agenda Printed April 10, 2018 Item No. 13 From: City Clerk's Office Sent: Thursday, April 12, 2018 2:10 PM To: Mulvey, Jennifer; Rieff, Kim Subject: FW: Congratulations for opposing the Sanctuary law From: Oborny, Shirley Sent: Thursday, April 12, 2018 2:10:17 PM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office Cc: Kiff, Dave; Jacobs, Carol; Biddle, Jennifer Subject: FW: Congratulations for opposing the Sanctuary law From: angela zenn [mailto:angelazenn@outlook.com] Sent: Thursday, April 12, 2018 11:45 AM To: Kiff, Dave <DKiff@newportbeachca.gov>; Oborny, Shirley <soborny@newportbeachca.gov>; Jacobs, Carol <cjacobs@newportbeachca.gov>; Biddle, Jennifer <JBiddle@newportbeachca.gov> Subject: Congratulations for opposing the Sanctuary law Congratulations for opposing the Sanctuary law (Bill 54). I am with you. It's not even about fighting criminals, drug traffickers. It's about legal verses illegal. Those of us who came legally have to wait years and years to pass the many legal processes. Those illegal aliens simply smuggle in. Those illegal smugglers sneak in should of course be prohibited from coming in and be sent back From: City Clerk's Office Sent: Thursday, April 12, 2018 2:12 PM To: Mulvey, Jennifer; Rieff, Kim Subject: FW: White From: Oborny, Shirley Sent: Thursday, April 12, 2018 2:11:40 PM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: FW: White -----Original Message ----- From: ralphcathy hernandez [mailto:ralphcathyh@yahoo.com] Sent: Tuesday, April 10, 2018 8:17 PM To: Oborny, Shirley <soborny@newportbeachca.gov> Subject: White I am sitting here watching the news.trump supporters have your city looking as a whites only city . Sent from my iPad