The San Diego City Council Monday unanimously passed a mainly symbolic resolution opposing “unnecessarily aggressive and excessive tactics” by federal agents within the Department of Homeland Security.
It also allows City Attorney Heather Ferbert to take legal action on behalf of San Diego to support Minnesota and Illinois lawsuits against DHS, United States Immigration Customs and Enforcement and United States Customs and Border Protection.
“ICE’s actions in Minneapolis and across the country undermine our shared American values of life, liberty, and due process. Conducting operations that terrorize communities based on how someone looks or sounds is both inhumane and unlawful,” Councilwoman Marni von Wilpert said when introducing the resolution last week.
“When monetary incentives, arrest or deportation quotas, and systemic disregard for constitutional protections are part of the system, it becomes clear this isn’t about legitimate law enforcement or public safety.
“True public safety requires equal protection, due process, and accountability under the law. Anything less undermines the very constitutional principles federal agencies are sworn to uphold and erodes trust in government institutions.”
Von Wilpert, chair of the Public Safety Committee, was joined by Councilmembers Sean Elo-Rivera and Vivian Moreno in authoring the resolution. She also floated the idea that because ICE calls the San Diego Police Department to provide crowd control, the city should consider seeking reimbursement from the federal government for time SDPD could be spending on crimes.
Last month, Minnesota and Illinois filed separate lawsuits challenging enforcement practices under the Trump administration, citing violations of the 10th Amendment, which limits the federal government to those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state or to the people.
The resolution proposed Thursday calls on the city attorney to act on behalf of the city in support of Minnesota’s lawsuit through amicus curiae — friend of the court — brief or an alternative legal method.
“The rule of law matters, and due process matters as they are the foundational pillars of this nation,” von Wilpert said. “Minnesota and Illinois leaders are showing real courage by defending those principles while they’re under attack both in the streets and the courts by the federal government.
“These aren’t just words or concepts, despite the group think of this current administration. They are the guaranteed rights of all people in this country, regardless of immigration status.”
Monday’s action is a simple resolution, with the City Attorney’s Office given the only concrete go-ahead. Councilman Stephen Whitburn acknowledged this fact.