Our View: ‘Sanctuary status' request opens community dialogue
· The Fresno BeeAdvocates' recent request to declare Bakersfield a "sanctuary city" to protect immigrants - legally and illegally in the country - as well as citizens from ICE enforcement is a long way from being considered by the City Council.
And that is how it should be. The need for such a declaration should be well-established. If such a declaration is determined to be necessary, its purpose should be well-defined and limited by state and federal laws.
First, a public Truth Act community forum will be held and, separately, a City Council committee will hold a special public meeting to research the concept and determine the need.
A Truth Act forum is a part of a legal process established by the state Legislature in 2017, as public concerns about immigration enforcement increased. The recent killing of immigrants in Maine and Texas by ICE agents prompted the call to make Bakersfield a sanctuary city to limit local law enforcement's cooperation with ICE agents and to enable immigrants to better understand their rights.
"What happens elsewhere happens to us, too," Bakersfield Vice Mayor Manpreet Kaur said during a recent council meeting. "We're watching this on our phones and none of this is normal. … It's not normal to be watching families lose their loved ones on their way to work."
Earlier this year, an ICE raid in Kern County drew the condemnation of a federal judge, who described the raid as targeting people simply because of the color of their skin. She ordered an end to such raids in her Central California district.
Kern County also is home to controversial facilities used by ICE to detain undocumented immigrants, who are being deported in the Trump administration's mass roundups.
Local elected officials complain that federal agents have blocked them from inspecting conditions in the facilities, which some advocates describe as being inhumane.
While there is no single legal definition of "sanctuary city," the term generally applies to limits set on how much local government or police can cooperate with federal immigration enforcement.
Some limits, for example, may prevent asking immigrants about their immigration status during routine interactions; not allowing someone in jail to be held longer to accommodate ICE; not sharing certain information with federal immigration agencies; and not redirecting local law enforcement resources to be used to enforce federal immigration laws.
"Sanctuary" status does not prevent the enforcement of federal immigration laws within a city's borders. The federal government is primarily responsible for immigration enforcement, subject to federal and state law and court rulings.
Since the California Values Act passed the Legislature and took effect in 2018, California has been a "sanctuary state," with restrictions placed statewide on the level of cooperation local and state law enforcement agencies can give to ICE. In addition, some large cities have adopted their own sanctuary laws.
A Truth Act community forum is a public meeting required when a local law enforcement agency has engaged in certain types of cooperation with ICE. The purpose is to promote transparency and public oversight of local cooperation with federal immigration enforcement.
Generally, the Bakersfield Police Department's policy is not to question immigration status unless it is relevant to an arrest. Officers do not collect information for ICE.
Consideration of a sanctuary city proposal was put forward by Kern County Young Democrats and received support from Kaur and Ward 2 Councilman Andrae Gonzales.
On Kaur's motion, City Attorney Ginny Gennaro was instructed to return to the council with a proposal for a Truth Act community forum. Gonzales' referral was to the council's Law and Legislation Committee to research the sanctuary city request.
Gonzales noted immigration enforcement is "terrorizing our neighborhoods and our communities, immigrant communities, and frankly, many of our citizens, who are also people of color."
He proposed sending a "clear message to our community and to the rest of the country" that every taxpaying member of the community be treated with dignity and humanity.
The upcoming public airing of facts during a Truth Act community forum and during the council committee's sanctuary city discussion will send an important message. It also will inform all Kern residents about the impacts of the present immigrant roundups and the use of local tax dollars to support it.
As Lindsay Parker noted when recently addressing the City Council, "This is your moment. Years from now, people will remember who stood up for their neighbors and who sat silent."
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