Title
Consider adopting a resolution to:
a. Approve the Prohibiting the Use of County Property for Civil Immigration Enforcement Activities Policy for inclusion in the Board Policy Manual; and
b. Provide direction to staff as appropriate.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution to:
a. Approve the Prohibiting the Use of County Property for Civil Immigration Enforcement Activities Policy for inclusion in the Board Policy Manual; and
b. Provide direction to staff as appropriate.
SUMMARY:
The County of Monterey has long benefited from the contributions of immigrants and people from diverse backgrounds who have helped shape the County’s cultural, economic, and civic life as residents, workers, students, and community leaders.
In recent months, federal immigration officials, including the United States Immigration and Customs Enforcement (“ICE”), have conducted immigration enforcement activities in various California communities. In some instances, these actions have resulted in heightened fear, disruption to local economies, and tension between local and federal authorities. Reports from several jurisdictions indicate that the presence of large numbers of armed federal agents has caused concern among residents and impacted community trust. This has raised questions for local governments regarding community trust, use of local resources, and the role of counties and cities in relation to federal civil immigration enforcement.
In response, a number of local jurisdictions, including the County of Santa Cruz, the County of Santa Clara, and the cities of Marina, Watsonville, and San Jose have adopted policies prohibiting the use of County or County owned facilities for civil immigration enforcement activities. Other jurisdictions that have adopted similar policies include the City and County of San Francisco, County of Santa Barbara, County of San Mateo, County of Alameda, County of Los Angeles, and the cities of Oakland, Richmond, Pinole, Mountain View, Sunnyvale, and Santa Clara.
DISCUSSION:
The County of Monterey owns and maintains a variety of public facilities, including parks, open space areas, parking lots, public buildings, and community facilities. These properties are maintained by County staff for the benefit and enjoyment of Monterey County residents and visitors, and in some cases are used to generate revenue through leases, rentals, and permitted events. These facilities are intended to serve community purposes including recreation, civic engagement, public services, and economic activity, and are not designated for federal immigration enforcement operations, which are within the sole authority and jurisdiction of the federal government.
The proposed Prohibiting the Use of County Property for Civil Immigration Enforcement Activities Policy (“Policy”) would formally prohibit the use of County-owned facilities for civil immigration enforcement activities. The intent is to ensure that County facilities remain accessible and welcoming spaces for all community members and are used only for their intended public purposes. Specifically, the Policy will restrict the use of any County owned or County controlled land, vacant lot, parking lot, parking garages, park, open space or other facility, building, or structure as a staging area, processing location, or operations base for civil immigration enforcement purposes. The Policy does not apply to:
- Property that is being used for the lawful execution of a judicial warrant;
- Property that is being used for criminal enforcement activities; and
- Property that is the subject of an existing lease, license, or other agreement with the County unless otherwise agreed to by the parties to that existing agreement.
The Policy also prohibits any County department, agency, officer or employee from providing consent to federal or state officials to use a County-owned or County-controlled parking lot, vacant lot, or parking garage as a staging area, processing location, or operations base for civil immigration enforcement activities. This includes a prohibition on providing consent to federal or state officials accessing or using non-public areas of County facilities for civil immigration enforcement without a valid arrest warrant signed by a federal or state officer.
OTHER AGENCY INVOLVEMENT:
The Office of County Counsel has reviewed and approved this action as to form.
FINANCING:
Adoption of this Policy is not anticipated to have a financial impact for the County.
BOARD OF SUPERVISORS STRATEGIC PLAN GOALS:
This Prohibiting the Use of County Property for Civil Immigration Enforcement Activities Policy will promote public safety, community trust, and the responsible use of public resources that will help ensure community members feel safe accessing County services and facilities.
_X_ Well-Being and Quality of Life
___ Sustainable Infrastructure for the Present and Future
_X_Safe and Resilient Communities
___ Diverse and Thriving Economy
Link to the Strategic Plan:
<https://www.countyofmonterey.gov/home/showdocument?id=139569>
Prepared/approved by: Kelly Donlon, Chief Assistant County Counsel, x5313
Attachments:
1. Draft Resolution Approving the Prohibiting the Use of County Property for Civil Immigration Enforcement Activities for inclusion in the Board Policy Manual
2. Prohibiting the Use of County Property for Civil Immigration Enforcement Activities Policy