RES-8757 Relating to Illegal Immigration and Immigrant Responsibility Act of 1996RESOLUTION NO. 8757
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE RELATING TO THE ILLEGAL
IMMIGRATION AND IMMIGRANT RESPONSI-
BILITY ACT OF 1996.
WHEREAS, the City of Orange dedicates extensive staff resources and revenue
to its public safety programs in order to preserve and improve Orange's ranking as one
of the safest large cities in the Nation; and
WHEREAS, the Orange City Council and the Orange Police Department have
directed public safety staff to engage the entire Orange community in an active,
cooperative, and responsive community-based policing program that fosters
mutual respect between the City, its law enforcement personnel, and its residents;
and WHEREAS, the Orange City Council and the Orange Police Department
highly value the City's positive relations with Orange's ethnically diverse population;
and WHEREAS, the Orange City Council believes that all of Orange's
communities and populations maintain a basic human right to reside in safe,
crime-free neighborhoods without fear of gang, street, or random violence yet without
similar fear of overzealous law enforcement actions that may infringe upon residents'
rights to
privacy; and WHEREAS, the Orange City Council and the Orange
Police Department believe that Orange law enforcement officials should have access to all
law enforcement tools" that are available to any local government jurisdiction under State
and Federal
law; and WHEREAS, Section 133 of the Illegal Immigration
and Immigrant Responsibility Act of 1996, enacted into law on September 30,
1996, includes authorization for the United States Attorney General to enter into contracts
with states or their political subdivisions to perform certain duties of federal
immigration officials as the duties relate to the investigation, apprehension, or detention of
criminal
aliens;and WHEREAS, the Illegal Immigration and Immigrant Responsibility Act
of 1996 requires that any local officer acting under the provisions of Section 133
have adequate training on the enforcement of Federal immigration law, be certified as to
being so trained, and be subject to the supervision of the United States Attorney
WHEREAS, local agencies interested in utilizing Section 133 of the Illegal
Immigration and Immigrant Responsibility Act of 1996 must agree to the terms of a
Memorandum of Understanding (MOU) with the United States Department of Justice.
NOW, THEREFORE, BE IT RESOLVED by the Orange City Council that
the City of Orange and the Orange Police Department hereby formally expresses the
City's strong interest in serving as a "pilot" or test jurisdiction to locally implement the
provisions of Section 133 of the Illegal Immigration and Immigrant Responsibility Act
of 1996 given the costs and obligations resulting from the draft of the MOU are
acceptable to the City Council of the City of Orange.
BE IT FURTHER RESOLVED that the City of Orange expresses its public
duty and obligation to use Section 133 conservatively, respectfully, and solely for the
purposes of aiding local law enforcement crime suppression and crime investigation
activities.
BE IT FURTHER RESOLVED that the City of Orange, its City Council, and
its Police Department will continue the City's commitment to cooperative, community-
based policing that honors and preserves the rights of all Orange residents in the course
of any action undertaken by its law enforcement officials.
Adopted the ?'ilch day of M;:ar~h 1997
ATTEST:
f~7C City
Clerk of th ity of Orange DK:
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I hereby certify that the foregoing Resolution was duly and regularly adopted by
the City Council of the City of Orange at a regular meeting thereof held on the 2STII
day of March , 1997, by the following vote:
AYES: COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON
NOES: COUNCIL MEMBERS: ALVAREZ
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
of Orange
DK:ajj 3 Reso.No.8757