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Four of Nine Long Beach Councilmembers Agendize Feb. 7 Item To Support Sac'to Legislation Forbidding State/Local Law Enforcement Cooperation With Feds Re Immigration And Forbidding State/Local Gov't Disclosure Of Person's Religious Beliefs/Nat'l Origin For Compiling Fed'l Dababase For Law Enforcement/Immigration Purposes


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(February 4, 2017, 8:10 p.m.) -- Long Beach Councilwoman Lena Gonzalez, joined by Councilmembers Jeannine Pearce, Roberto Uranga and Vice Mayor Rex Richardson, have agendized an item for the Feb. 7 City Council meeting that would put L.A. County's second largest city on record as supporting SB 54 (now advancing in the state legislature) that would [legislative counsel text] "prohibit state and local law enforcement agencies, school police and security departments from using resources to investigate, interrogate, detain, detect, report, or arrest persons for immigration enforcement purposes, or to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, or national or ethnic origin."

The four Councilmembers (nearly a majority of LB's nine-member Council) also seek Council support for SB 31 (by state Senator Ricardo Lara, D, Long Beach-Huntington Park) that would [legislative counsel text] "prohibit a state or local agency or a public employee acting under color of law from providing or disclosing to the federal government personally identifiable information regarding a person's religious beliefs, practices, or affiliation, as specified, when the information is sought for compiling a database of individuals based on religious, belief, practice or affiliation, national origin, or ethnicity for law enforcement or immigration purposes."




SB 54, authored by state Senate President Pro Tem Kevin deLeon (D, Los Angeles), is described by some as creating a "sanctuary state" in defiance of President Trump's Jan. 25 Executive Order which advises that state and local government entities could lose access to federal taxpayer dollars if they fail to comply with federal law and fail to assist federal authorities in enforcing federal immigration laws (details below.)

In the "Fiscal Impact" section of their agendizing memo,, the four proponent Councilmembers state: "There is no fiscal impact at this time."

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The Gonzalez-Pearce-Uranga-Richardson agendizing memo text states in pertinent part:

On Wednesday, January 25, 2017, President Trump signed two Executive Orders related to immigration. The Executive Orders direct federal agencies and departments to "secure the southern border of the United States through the immediate construction of a physical wall on the southern border, monitored and supported by adequate personnel so as to prevent illegal immigration, drug and human trafficking, and acts of terrorism; and detain individuals apprehended on suspicion of violating Federal or State law, including Federal immigration law, pending further proceedings regarding those violations"; "Ensure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds", and "Ensure that aliens ordered removed from the United States are promptly removed".

As a vibrant, multi-cultural city, Long Beach thrives on the ingenuity, entrepreneurship, and diversity of our immigrant communities and American-born residents. Over 40% of the Long Beach population identifies as Latino, and 12% identify as Asian. It is also believed Long Beach has the largest Cambodian population outside of Southeast Asia; and many Cambodians in Long Beach came to the United States as immigrants and refugees from 1975 to 1979. The United States Census Bureau reports 26% of Long Beach's population, between 2011-2015, stated they were foreign-born; this population includes anyone who was not a United States citizen at the time of birth regardless of whether or not they have become a United States citizen since.

The diversity within Long Beach also includes diversity of religion. In California, we celebrate the rich cultural heritage and diversity of our residents. Freedom of religion and protection from discrimination on the basis of religion are founding ideals of our nation. The First Amendment to the United States Constitution guarantees the free exercise and enjoyment of religion without discrimination. California must uphold the protection of religious freedom for all of its people, and the State has a moral obligation to protect its citizens from religious persecution.

Since 2012, business in downtown Long Beach have doubled. In March 2016, the unemployment rate in Long Beach reached a nine-year low; and in 2016, revenue per available Long Beach Hotel room increased 8.8% over 2015 levels, reflecting an increase in tourism and convention attendance. Clearly, Long Beach is growing, and our economic is strong. President Trump's recent Executive Orders run counter to Long Beach's blue print for success.

Neither immigration enforcement, or the collection of religious information are a local or State responsibility. Immigration is a federal policy issue between the United States government and other countries. Long Beach, along with other major cities and the State of California, believe enforcing immigration at the local level undermines the trust and cooperation with immigrant communities, which are essential elements of community oriented policing. Long Beach follows the California TRUST Act, and our current practice is not to hold individuals on immigration violations alone.

Given the caustic directives being issued by our nation's newly elected President, it is important the City of Long Beach is clear on where we stand. Long Beach is a safe and welcoming City. We will protect the safety and well-being of all Californians by ensuring State and local resources are not used to support deportations, separate families, and ultimately hurt California's economy. The City also does not intend on using local resources to assist the federal government with the creation of a registry of individuals based on religious affiliation, national origin, or ethnicity for immigration purposes.

FISCAL IMPACT

There is no fiscal impact at this time.

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As separately reported by LBREPORT.com, Councilmembers Gonzalez, Pearce and Uranga attended and spoke at a Jan. 31 rally outside City Hall protesting President Trump's recent Executive Orders [LBREPORT.com coverage here.]

As also previously reported by LBREPORT.com, on Jan. 31 the CA Senate's Public Safety Committee voted 5-2 -- Dems "yes," Repubs "no" but suggesting an amendment might change their views -- to advance SB 54 to the Senate Appropriations Committee, which is chaired by Senator Lara. Among the supportive witnesses at the Jan. 31 Sac'to Committee hearing was a son whose father illegally entered the U.S. from Mexico, was twice deported, returned to build a family, was stopped in Feb. 2016 by CSULB police for a broken headlight, held for federal immigration authorities (ICE) and deported the same night to Mexico based in part on a 20 year-old federal drug conviction.

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SB 54 now awaits action in the CA Senate's Appropriations Committee whose focus is supposed to be on state budget impacts of proposed legislation (as opposed to bill policy)...and would presumably confront the extent to which SB 54 might affect CA access to federal taxpayer dollars under President Trump's Executive Order.

Appropriations Committee chair Lara is a political ally of Long Beach Mayor Robert Garcia, who has no City Council vote but has a veto that requires six Councilmembers to vote to override. Mayor Garcia is a lawful naturalized immigrant from Peru and a Dem who voted to nominate Hillary Clinton (over Bernie Sanders) at the Dem Party's 2016 convention.

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On Jan. 28, 2017, Mayor Garcia wrote on his Facebook page: "Long Beach has an amazing Cambodian community because we welcomed them as refugees from a country torn apart by genocide. That's what America is all about. We stand up for others with compassion. This refugee and Muslim ban does not reflect the values of our country. 'Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed, to me: I lift my lamp beside the golden door.'"

In 2013, California's legislature enacted the TRUST Act (AB 4) which took effect on Jan. 1, 2014. It prohibits law enforcement officials from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless certain conditions are met, including among other things that the individual has been convicted of specified crimes.

On Jan. 25, the Long Beach Police Department released the following statement:

[LBPD statement per City of Long Beach] Enforcing immigration at the local level undermines the trust and cooperation with immigrant communities, which are essential elements of community oriented policing. Long Beach follows the California TRUST Act, and our current practice is not to hold individuals on immigration violations alone. The Long Beach Police Department supports measures to either continue incarceration or to deport violent and serious offenders who pose a threat to our community. We evaluate our policies and procedures as any new legislation is enacted, but it would be premature to speculate on any changes, at this time.

Policies of the City of Long Beach are determined by a majority of the LB City Council. City management departments (including LBPD through its Chief of Police) carry out Council-directed policies. Under LB's City Charter, LB's Mayor can recommend and suggest or veto but has no independent executive authority to make policy.

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