The council will be voting for a third (or likely more) time tonight to protect immigrants rights in the City of Madison and essentially call itself a “sanctuary city” or as some call it “sanctuary-city lite”. The first was in 2002, then again in 2010 and now in 2017. The biggest issues are that the City doesn’t have alot of control over things that impact this issue and the threat of loss of federal funding is always looming. I think we fit the definition (see below) and have since 2002. At least for the things we have control over. Wikipedia defines a sanctuary city as follows:
In the United States and Canada, a sanctuary city is a municipality that has adopted a policy of protecting unauthorized immigrants by not prosecuting them for violating federal immigration laws and by ensuring that all residents have access to city services, regardless of immigration status. Such a policy can be set out expressly in a law (de jure) or observed only in practice (de facto). The term applies generally to cities that do not use municipal funds or resources to enforce national immigration laws. The cities usually forbid their police or municipal employees to inquire about a person’s immigration status or share such information with immigration enforcement. The designation has no precise legal meaning.[1][2]
2002 Resolution (Note: This is what I had in my files . . . I think it was the final version, but there may have been some amendments?)
WHEREAS, the City of Madison recognizes the Constitution of the United States of America to be the supreme law of the land, which all public servants are sworn to uphold, superceding all administrative rules, local ordinances, state statutes and federal laws; and,
WHEREAS, the City of Madison has a long and proud tradition of upholding the free exercise and enjoyment of the inalienable rights granted to all persons by the Universal Declaration of Human Rights and the Constitution of the United States of America; and,
WHEREAS, the City of Madison greatly benefits from the many contributions of its highly diverse population, which includes citizens from around the world, and is vital to our city’s unique character; and,
WHEREAS, the City of Madison affirms its strong opposition to terrorism, but also affirms that any efforts to end terrorism not be waged at the expense of essential civil rights and liberties of the people of Madison, the United States and the World; and,
WHEREAS, the provisions of the USA Patriot Act expands the authority of the federal government to detain and investigate citizens and non-citizens and engage in electronic surveillance of citizens and non-citizens and threatens civil rights and liberties guaranteed under the United States Constitution; and,
WHEREAS, the City of Madison recognizes that such infringement of the constitutionally guaranteed rights of any person, under the color of law, is an abuse of power, a breach of the public trust, a misappropriation of public resources, a violation of civil rights and is beyond the scope of governmental authority; and,
IT IS THEREFORE RESOLVED that the City of Madison remains firmly committed to the protection of civil rights and civil liberties for all people. The City of Madison will completely avoid discrimination in every function of city government, and vigorously uphold the constitutionally protected rights of all persons to peacefully protest and express their political views without any form of governmental interference.
IT IS FURTHER RESOLVED that the City of Madison joins communities across the nation in expressing concern that the USA Patriot Act threatens civil rights and liberties guaranteed under the United States Constitution.
IT IS FURTHER RESOLVED, and is the policy of the City of Madison, to forbid in the absence of probable cause of criminal activity:
1. Any initiation of, participation in, assistance or cooperation with any inquiry, investigation, surveillance or detention; and
2. The recording, filing and sharing of any intelligence information concerning any person or organization, even if authorized by federal law enforcement, acting under new powers granted by the USA Patriot Act or Executive Orders. This includes collection and review of library lending and research records, as well as book and video store sales and/or rental records; and
3. The retention of intelligence information. The City Attorney or other appropriate City official to be designated by the Mayor, for its legality and appropriateness, using the United States and Wisconsin Constitutions, shall thoroughly and carefully review information that is currently held. Any information that was collected is permanently disposed of if there is no probable cause of criminal activity; and
4. Enforcement of immigration matters, which are entirely the responsibility of the Immigration and Naturalization Service. No city service will be denied on the basis of citizenship; and
5. Profiling based on race, ethnicity, citizenship, religion, or political values.BE IT FURTHER RESOLVED, that any state or federal law enforcement agencies working within the City of Madison comply with the policies and procedures of the Madison Police Department, and regularly report to the Mayor the extent and manner in which they have acted under the USA Patriot Act or new Executive Orders. This includes the names of any detainees held in the Madison area, or any Madison residents detained elsewhere. The Mayor will then publicly report to the Common Council.
BE IT FURTHER RESOLVED, that the City Clerk communicate this resolution to all city departments, the Governor and Attorney General of the State of Wisconsin, the President and Attorney General of the United States of America and to call upon our congressional representatives to actively work to repeal the USA Patriot Act.
BE IT FINALLY RESOLVED THAT, this resolution shall be severable if any phrase, clause, sentence or provision of this resolution is declared by a court of competent jurisdiction to be contrary to the Constitution of the United States of America or the State of Wisconsin. If the applicability thereof to any agency, person or circumstances is held invalid, the validity of the remainder of this Resolution and applicability thereof to any other agency, person or circumstances shall not be affected thereby.
2010 Resolution
SUBSTITUTE: Opposing local immigration policies that encourage discrimination on the basis of race, ethnicity and immigration status and calling on the federal government to enact and enforce uniform and effective immigration policies.
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WHEREAS the City of Madison recognizes its diversity as one of its greatest strengths and appreciates the culture and history of our various communities of people, including our immigrant communities, all of whom add to the greatness of our City; and,WHEREAS the City of Madison has a proud history of supporting policies that prohibit discrimination based on race, ethnicity, national origin, religion, sexual orientation, and disability; and.
WHEREAS the United States Supreme Court has held in the case of Hampton v. Mow Sun Wong, 426 U.S. 88 (1976), that Article I, Section 8, of the United States Constitution confers upon Congress the power to legislate immigration law and set immigration policy; and,
WHEREAS the failure to achieve a uniform and effective comprehensive immigration reform at the Federal level undermines respect for all immigrants and engenders an atmosphere of
divisiveness, fear and mistrust that is unhealthy for our society, and especially harmful for a diverse community like Madison; and,WHEREAS the City of Madison opposes immigration-related laws, practices and policies by state and local jurisdictions that risk racial and ethnic profiling and restrict the teaching of the cultures and histories of our diverse communities; and,
WHEREAS immigration policies and enforcement practices that are enacted at local and state levels in a piecemeal manner result in lack of uniformity; and,
WHEREAS utilizing local law enforcement to enforce federal immigration laws have been resisted by many police agencies because, instead of making the communities safer, these efforts have had the effect of alienating the immigrant communities and reducing cooperation with the police, creating fear, discouraging the reporting of crime, and victimizing victims,
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Madison expresses its appreciation to all people from around the world who have made Madison their home and in doing so have contributed to making Madison a vibrant community; and,
BE IT FURTHER RESOLVED that the Common Council of the City of Madison affirms its support for Madison Immigration laws (see attachments); and,
BE IT FURTHER RESOLVED that the Common Council of the City of Madison urges the City of Madison Police Department to continue its current practice of not entering into Section 287(g) Immigration and Nationality Act (INA) agreement with ICE; and
BE IT FURTHER RESOLVED that the Common Council of the City of Madison urges the Dane County Sheriff’s Office to end its current practice of contacting ICE at booking time for all cases involving processing of non-US citizen jail inmates and instead more narrowly tailor its policy by contacting ICE only for non-US citizen inmates who are being held on a possible felony charge; and,
BE IT FURTHER RESOLVED that the Common Council of the City of Madison calls on the U.S. Congress to promptly enact comprehensive immigration reform based on the following principles:
· Uniform and consistent immigration policies that are transparent and efficient .
· A pathway to citizenship for undocumented immigrants currently living in the U.S.
· Family reunification that eliminates current family-based visa backlogs and includes provisions
for equal immigration rights for LGBTQ persons and their permanent partners.
· Smart enforcement policies and safeguards that foster respect for the rule of law and due process while always preserving the civil and human rights of all persons,BE IT FINALLY RESOLVED that the City of Madison Clerk’s Office will send copies of this resolution to all the members of the Wisconsin Congressional Delegation.
2017 Version
SUBSTITUTE – Resolution Condemning Recent Executive Orders, Reaffirming the City of Madison as an Open and Welcoming City, and Confirming the City’s Policies on Federal Immigration Laws.
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WHEREAS, the City of Madison recognizes its diversity as one of its greatest strengths and appreciates the culture and history of our various communities of people, including immigrant communities, all of whom add to the greatness of our City; and,
WHEREAS, the City of Madison has a proud history of supporting policies that prohibit discrimination based on race, ethnicity, national origin, religion, sexual orientation, and disability; and,
WHEREAS, the City of Madison opposes immigration-related laws, practices and policies by any jurisdiction that risk racial and ethnic profiling; and
WHEREAS, utilizing local law enforcement to enforce federal immigration laws has been resisted by many police agencies because, instead of making the communities safer, these efforts have had the effect of alienating the immigrant communities and reducing cooperation with the police, creating fear, discouraging the reporting of crime, and victimizing victims; and
WHEREAS, the City of Madison is not an agent of the federal government and established law provides that the federal government cannot commandeer or compel local officials to enforce federal law; and
WHEREAS, the City of Madison is dedicated to providing all of its residents fair and equal access to services, opportunities and protection; and
WHEREAS, the Common Council of the City of Madison finds that the cooperation of all persons is essential to achieve the City’s goals of protecting life and property, preventing crime and resolving problems; and
WHEREAS, the Common Council of the City of Madison finds that assistance from a person, who is a victim, or a witness to, a crime is important to promoting the safety of all residents; and
WHEREAS, the cooperation of the City’s immigrant communities is essential to prevent and solve crimes and maintain public order, safety and security throughout the City; and
WHEREAS, the Common Council of the City of Madison believe that all residents deserve to feel safe, secure and protected within the City; and
WHEREAS, this resolution will be interpreted to be consistent with federal and state laws, including laws regarding communications between local jurisdictions and federal immigration authorities, including but not limited to 8 U.S.C. § 1373.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Madison expresses its appreciation to all people from around the world who have made Madison their home and in doing so have contributed to making Madison a vibrant community; and,
BE IT FURTHER RESOLVED, the Common Council City of Madison condemns the Executive Order issued on January 25, 2017 entitled “Enhancing Public Safety in the Interior of the United States”, as the Order is contrary to the values of openness and inclusion of the City of Madison; and
BE IT FURTHER RESOLVED, the Common Council City of Madison condemns the Executive Order issued on January 25, 2017 entitled “Border Security and Immigration Enforcement Improvements”, as the Order is contrary to the values of openness and inclusion of the City of Madison; and
BE IT FURTHER RESOLVED, the Common Council City of Madison condemns the Executive Order issued on January 27, 2017 entitled “Protecting the Nation from Foreign Terrorist Entry into the United States”, as the Order is contrary to the values of openness and inclusion of the City of Madison; and
BE IT FURTHER RESOLVED, that the City of Madison Common Council Office is hereby designated as a safe space, where all residents may enter and will be safe and protected; and,
BE IT FURTHER RESOLVED, that the City of Madison Common Council Office is designated as a safe place where all residents may readily obtain phone interpreter services and immigrant rights information.
BE IT FURTHER RESOLVED, except as provided in this resolution or when otherwise required by law, that no City of Madison department, agency, commission, officer or employee of the City of Madison shall use any City funds or resources to enforce Federal immigration laws; and,
BE IT FURTHER RESOLVED, except as provided in this resolution or when otherwise required by law, any City of Madison office, department, employee, agency or agent shall not condition the provision of City services on the citizenship or immigration status of any individual; and,
BE IT FURTHER RESOLVED, except as provided in this resolution or when otherwise required by law, no department or employee shall collect information regarding the citizenship or immigration status of any person unless required to do so by law, and only when authorized by the Office of the City Attorney; and
BE IT FURTHER RESOLVED, that if any City of Madison Department or employee is contacted by Immigration and Customs Enforcement (ICE) for any information, said employee is to direct all communication between the City of Madison and ICE to the Office of the City Attorney; and,
BE IT FURTHER RESOLVED, that the Common Council of the City of Madison affirms the Madison Police Department’s Code of Conduct and Standard Operating Procedure regarding the enforcement of immigration laws and the commitment of the Department to not self-initiate, contact, detain, arrest or investigate any person solely for a suspected violation of immigration status laws; and,
BE IT FURTHER RESOLVED, that the Common Council of the City of Madison affirms the Madison Police Department’s Code of Conduct and Standard Operating Procedure not to enter into Section 287(g) Immigration and Nationality Act (INA) agreement with ICE; and,
BE IT FINALLY RESOLVED, that the City of Madison Clerk’s Office will send copies of this resolution to all City of Madison Departments and all the members of the Wisconsin Congressional Delegation.
SAFE SPACE
That’s new in the three resolutions. I’m not entirely sure what the intent of the “safe space” is, I do think its gotten blown a little out of proportion and is largely symbolic. This is the language to be interpreted:
BE IT FURTHER RESOLVED, that the City of Madison Common Council Office is hereby designated as a safe space, where all residents may enter and will be safe and protected; and,
BE IT FURTHER RESOLVED, that the City of Madison Common Council Office is designated as a safe place where all residents may readily obtain phone interpreter services and immigrant rights information.
It grinds me a little bit that they kicked homeless people out of the building – first by removing the chairs, putting up trespassing signs, prohibiting sitting in the hallways, etc, etc etc and eventually by banning people outright from being in front of the building and the mayor has his latest repeat ordinance that says this:
Between the hours of 7:00 am to 10:00 pm, no person shall lie down or sleep on any parcel of land where City of Madison offices are located.
But that’s a different issue, kinda. Sorta.
It’s also a little odd in that its only open on weekdays, during regular business hours and locked down like Fort Knox. It a FAR from inviting or welcoming space with the bullet proof glass they installed in the last few years (not to mention the hostile work environment). It’s hard to find, the lights are usually half turned off in the hallways (or is that only 3rd floor?) and when you get there the staff might not even be there. But since its more symbolic than anything, I’m not sure that really matters
It’s also frustrating to see this goofy power struggle played out on such a serious issue. The council should be able to do what it wants with its office – within reason. I’m guessing the mayor is afraid it will be used to Occupy the building, but because of how its locked down, no one could really even get in there for the most part. And at the bottom of it all – the lead sponsor and the mayor don’t see eye to eye on anything – even when they agree in principle, the disagree based on dislike of each other. It’s petty and tiring. And it seems more like a battle of egos than anything.
I’m sure this is going to pass unanimously, with maybe an amendment tweaking it . . . and if the mayor wants to waste time vetoing it, I guess that’s his prerogative. This is a very important issue, but the city council has very little they can do about it in reality – I know, I was the lead sponsor on the 2002 resolution and I was as frustrated then as I’m sure Shiva and others are today. It’s also a little frustrating to me that there are other important issues on tonight’s agenda, that won’t get attention after this resolution because people will just want to go home.
