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Re: Menlo Park ordinance

From: domainremoved <Kirsten>
Date: Mon, 17 Apr 2017 16:27:36 +0000

Hi Karen,

Thank you for your comments. I will look into them.

Sincerely,

Kirsten Keith,
Mayor
On Mon, Apr 17, 2017 at 8:43 AM Karen Grove <karenfgrove_at_(domainremoved)

> Dear MP Councilmembers,
>
>
>
> I write to share my support for the *intentions* of the Menlo Park
> Sancturary (or, as I prefer, “Safe”) City ordinance, and to express some
> concerns over the details.
>
>
>
> Just a quick bit of background: a month or so ago, I attended the San
> Mateo County board of supervisors meeting intending to speak in support of
> a resolution of support for our immigrant communities, but fortunately, I
> was able to hear from immigrant rights attorneys from CLSEPA and the ACLU
> and Legal Aid of San Mateo County before I was called to make my comments.
> They had some valid concerns about the details of the language of the
> resolution which I was able to support in my comments.
>
>
>
> With that experience behind me, I am reaching out to immigrant rights
> attorneys to review our proposed ordinance. In the meantime, I read
> through the Menlo Park ordinance carefully and although I am not an
> attorney, I do have a couple of concerns. They are:
>
>
>
>
>
> 1) Section 2.58.010 D. seems to be in contradiction with 2.58.010 C.
>
>
>
> In section D. it says “*no employee of the City of Menlo Park shall
> inquire about the immigration status of an individual*, including but not
> limited to a crime victim, witness or person who calls or approaches law
> enforcement personnel seeking assistance, *unless* necessary to
> investigate criminal activity by that individual or *it is an element of
> the crime being reported*.”
>
>
>
> As I read this “it” in the final phrase, : “it is an element of the crime
> being reported” refers to immigration status, and thus the meaning is that
> MP Police won’t ask about immigration status *unless immigration status
> is an element of the crime being reported*. This seems to say that if
> someone reports a person as being undocumented, then it would be OK for MP
> Police to ask about immigration status, which is in contradiction with
> section C, which says:
>
>
>
> *City of Menlo Park officials, including its law enforcement officers,
> shall not administer federal immigration law*, which is the exclusive
> authority of the
>
> federal government and shall not take any direct action against an
> individual solely because of their immigration status, unless legally
> required to do so
>
> pursuant to a valid federal criminal warrant.
>
>
>
>
>
> 2) Section 2.58.040 A. 4. I object to the word “solely” in this
> section. In Santa Cruz, the police cooperated with ICE on a drug/gang
> operation, and ICE took the opportunity to round up undocumented immigrants
> who were not involved in drugs or gang activity. This is an example of an
> operation that is not “solely” focused on the enforcement of federal
> immigration laws, but is nevertheless an operation we would not want Menlo
> Park Police to participate in.
>
>
>
> -Karen Grove
>
> 650-868-2732
>
>
>
-- 
Best regards,
Kirsten Keith,
Mayor of Menlo Park
Received on Mon Apr 17 2017 - 09:33:06 PDT

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