LA City Council Resolution Reaffiming Special Order 40

WHEREAS, any official position of the City of Los Angeles with respect to legislation, rules, regulations or policies proposed to or pending before a local, state or federal governmental body or agency must have first been adopted in the form of a Resolution by the City Council with the concurrence of the Mayor; and

WHEREAS, Congress is currently engaged in deliberations for the enactment of comprehensive immigration legislation and the Senate is considering S. 1348, the Comprehensive Immigration Reform Act of 2007; and

WHEREAS, during debate before leaving for the Memorial Day recess, the Senate defeated, 48-49, an amendment by Sen. Norm Coleman (R-Minn.) that would have allowed officials of federal, state, or local government entities to question individuals about their immigration status if the officials have probable cause to believe the individuals lack legal status; and

WHEREAS, however, there is strong indication that efforts are being made to include an amendment in the immigration reform bill that would prohibit local so-called "separation" ordinances and similar local regulations; and

WHEREAS, local ordinances and regulations that create important distinctions between local police and federal immigration are common practice in cities throughout the nation and an important tool for local public safety to function well; and

WHEREAS, such local regulations have proven to be an effective way to protect the health and safety of our communities. Federal action should not be used to take away this effective local tool; and

WHEREAS, these local regulations, including the Los Angeles Police Department's Special Order 40, are an affirmation that the best approach to guarding public health and safety is not to ask about immigration status when people report crimes that in no way relate to their immigration status. Trust is crucial to effective community policing. Crime that affects neighborhoods is best fought at the local level with neighbors working collaboratively with local police; and

Undocumented alien status in itself is not a matter for police action. It is, therefore, incumbent upon all employees of this Department to make a personal commitment to equal enforcement of the law and service to the public regardless of alien status. In addition, the Department will provide special assistance to persons, groups, communites and businesses who, by the nature of the crimes being commited upon them, require individualized services. Since undocumented aliens, because of their status, are often more vulnerable to victimization, crime prevention assistance wil be offered to assist them in safeguarding their property and to lessen their potential to be crime victims. Police service will be readily available to all persons, including the undocumented alien, to ensure a safe and tranquil environment. Participation and involvement of the undocumented alien community in police activities wil increase the Department's abilty to protect and to serve the entire community; and

WHEREAS, any effort to pre-empt or prohibit such local ordinances and regulations will encourage racial profiing and police chiefs and cities nationwide are in opposition to any such federal legislative proposals;

NOW, THEREFORE, BE IT RESOLVED, with the concurrence of the Mayor, that by the adoption of this Resolution, the City of Los Angeles hereby includes in its 2007-2008 Federal Legislative Program OPPOSITION to any legislative provision or amendment which would prohibit or pre-empt local "separation" ordinances and similar local regulations such as the Los Angeles Police Department's Special Order 40 which are effective law enforcement tools which prevent victimization of undocumented immigrants as well as foster participation and involvement of the undocumented immigrant community in police activities and increase Police departments' ability to protect and to serve the entire community.

LA Indymedia reported thusly:

LA City Council reaffirms Special Order 40
by Leslie Radford Saturday, Jun. 16, 2007 at 8:47 PM

LOS ANGELES, 12 June 2007--At its regular meeting, the Los Angeles City Council told the Department of Homeland Security in no uncertain terms that the autonomy of the LAPD was a paramount concern to the council in a 10 to 1 vote in support of a resolution opposing "any [federal] legislative provision or amendment which would prohibit or pre-empt local 'separation' ordinances and similar local regulations such as the LAPD’s Special Order 40." The resolution is a rebuke from the U.S.'s largest immigrant city to various Congressional proposals mandating that local law enforcement report to federal immigration enforcement.

Special Order 40 has been city policy since 1979 under police chief Daryl Gates. In February 2006 the council ignored a petition with over 10,000 signatures requesting the council's endorsement of Special Order 40, brought by La Placita Immigrants Working Group, CARECEN, and the Immigration Solidarity Network, but times have changed.

Today Special Order 40 is being challenged in two lawsuits. In the wake of rising anti-migrant sentiment, Special Order 40 has come under attack because of its provision that police officers "shall not initiate police action with the objective of discovering the alien status of a person." Special Order 40 exempted the LAPD from the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, which permits, but does not require, local law enforcement to assist federal immigration officials after receiving training. One lawsuit, brought by the Federal Immigration Reform Enforcement Coalition relies on an arcane state health statute that appears to require local police to provide the names of undocumented immigrants arrested on suspicion of drug trafficking or possession to federal authorities. The other suit, brought by Judicial Watch on behalf of L.A. resident Harold P. Sturgeon, claims Special Order 40 is superseded by state and federal law.

The Council's resolution may also be a message to the LAPD in light of a May 1 police action in MacArthur Park, in which peaceful ralliers supporting immigrant rights were stormed by police officers, beaten, and blasted with rubber bullets and wire mesh "bean bag" bullets. The Los Angeles Police Protective League earlier this spring seemed poised to take a stand against the order and has vehemently disagreed with Police Chief William Bratton's remarks laying partial blame for the MacArthur Park anti-immigrant beatings and shootings on street officers. The resolution provides cover for Bratton to resist pressure from the police union.

Sheriff's departments in Los Angeles, Riverside, San Bernardino and Orange counties have memoranda of understanding with the Department of Homeland Security under Immigration and Nationality Act section 287(g) to scour jails for undocumented arrestees. In addition, in Orange County, police attached with special units may check the immigration status of anyone they suspect of a felony. Sheriff Carona hopes to expand that authority to beat officers, as has been done in other city police and state highway patrol departments across the country, opening the door not only to racial profiling, but to permission for cops in the street to demand proof of identity and citizenship.

The text of the council's resolution, which was moved from item 33 on the agenda to the consent docket, is

"RESOLUTION (GARCETTI - REYES - ZINE) relative to legislation that would prohibit local regulations, such as the Los Angeles Police Department’s (LAPD) Special Order 40, which are law enforcement tools that encourage the involvement of the undocumented immigrant community in police activities.

Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:

RESOLVE to include in the City’s 2007-08 Federal Legislative Program OPPOSITION to any legislative provision or amendment which would prohibit or pre-empt local “separation” ordinances and similar local regulations such as the LAPD’s Special Order 40 which are effective law enforcement tools which prevent victimization of undocumented immigrants as well as foster participation and involvement of the undocumented immigrant community in police activities and increase the LAPD’s ability to protect and to serve the entire community.

Council members Eric Garcetti, Ed Reyes, and Dennis Zine offered the resolution, and Tony Cardenas, Wendy Greuel, Janice Hahn, José Huizar, Tom LaBonge, Bernard Parks, Jan Perry, Bill Rosendahl, Jack Weiss, and Herb Wesson approved. Greig Smith voted no without comment.

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