RES-11074 Staying Compliance With SB 54RESOLUTION NO. 11074
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE STAYING COMPLIANCE
WITH SB 54 PENDING A DECISION IN THE
MATTER OF UNITED STATES OF AMERICA v.
STATE OF CALIFORNIA.
WHEREAS, we are a nation of laws; and
WHEREAS the City of Orange is obligated to follow valid Federal and State laws; and
WHEREAS, the Federal government has broad constitutional jurisdiction over
immigration law; and
WHEREAS, the State of California enacted a statute effective January 1, 2018 known as
the California Values Act (SB 54); and
WHEREAS, the California Values Act impacts Federal immigration law and enforcement
in several respects, including: (1) precluding state and local officials from voluntarily providing to
the United States information about the release date from state or local criminal custody of criminal
aliens who may be subject to removal and are subject to detention by the United States; (2)
precluding state and local officials from voluntarily providing to the United States other
information relevant to the alien's immigration status; and (3) prohibiting state and local officials
from transferring aliens to the United States when they are scheduled to be released from state or
local custody; and
WHEREAS, The United States of America is suing The State of California in the United
States District Court for the Eastern District of California (Case No. 18 -cv- 00490) (the "Lawsuit ")
claiming that the California Values Act is unconstitutional in whole in part and seeking an
injunction against enforcement of the California Values Act.; and
WHEREAS, the City Orange is caught in the middle of this dispute; and
WHEREAS, the U.S. Supreme Court will likely need to decide the constitutionality of the
Sanctuary State laws; and
WHEREAS, the City of Orange should not be forced to decide whether to violate Federal
law or State law; and
WHEREAS, the City of Orange passed Resolution No. 10482 in 2010 declaring the City's
support for the enforcement of federal immigration laws; and
WHEREAS, the County of Orange who receives and prosecutes all those in criminal
custody, arrested within the City of Orange, by unanimous vote of the Board of Supervisors, is
joining the United States of America in the Lawsuit against the State of California.
NOW, THEREFORE, BE IT RESOLVED that the City of Orange will, respectfully,
stay /cease compliance with those sections of SB 54, commonly known as the Sanctuary State law,
challenged in the United States of America v. State of California case until it is fully and finally
decided by the judiciary.
ADOPTED this 10th day of April 2018.
Q c1d: e L ;
ere a E. Smith, Mayor, City of Orange
ATTEST:
J
Mary E. M7q`- ity Clerk, City o nge
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do 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 10th day of April 2018, by the following vote:
AYES: COUNCILMEMBERS: Whitaker, Murphy, Nichols
NOES: COUNCILMEMBERS: Alvarez, Smith
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary "U19-111 City C er c, i range
Resolution No. 11074