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County Counsel Prepared Title and Summary of Proposed Measure
Title: Humboldt County Immigration Sanctuary Ordinance
Summary for the Proposed Measure

(499 words)

California state law limits the discretion of state and local law enforcement and other public agencies and public and private employers to cooperate with federal civil immigration enforcement agency activities. (Government Code sections 7282-7285.3.) State law recognizes that the discretion of local agency officials may be further limited by local law or policy (e.g., Gov. Code sections 7282.5 (a) and 7284.6 (a)(1)(C)). The proposed measure would enact an ordinance establishing more restrictive local
law and policies for the County of Humboldt regarding immigration status and enforcement.
Specific prohibitions, restrictions and polices are listed for the use of county funds, county law enforcement officials, all county agencies, and the welfare of children of deported parents. None of the limitations will prohibit county employees or officers from discussing immigration status as part of a service request, obeying lawful orders, taking action to protect persons or respond to emergencies, or investigating criminal activity other than violations of immigration law. Exceptions to the prohibitions, restrictions, and policies apply when the action is required by federal or state statutes or regulations, court orders or decisions.
The Sheriff and Juvenile Probation Officer are each required to provide semi-annual reports to theBoard of S  upervisors on the number of any detentions based solely on civil immigration detainers for each six-month period beginning with the effective date of the ordinance. The report is to include a description of all communications to or from the federal agency charged with enforcement of immigration law.
If enacted, the Clerk of the Board of Supervisors is required to send copies of the ordinance to all County departments, agencies and commission, U.S. Senators and Congresspersons representing California, the federal immigration enforcement agency, the U.S. Attorney General, Secretary of State, and the President. County employees are to be given written instructions for implementing the ordinance and be advised that failure to comply with prohibitions will be grounds for appropriate disciplinary action.
The County Human Rights Commission is charged with reviewing compliance with the ordinance by County agencies in particular instances where there is a question of noncompliance or a complaint of non-compliance has been lodged. The Commission is to report its findings to the Board of Supervisors within a specified time period.
Nothing in the proposed ordinance is intended to create any new rights or liabilities for which the County would be liable for money damages. Nothing in the proposed ordinance is to be construed to violate, be contrary to, or to be in defiance of any federal or state law. The proposed ordinance includes a severability clause that in the event some portion of the ordinance is determined to be invalid, it would not affect the validity of the remaining portions. Furthermore, should any provision of the proposed ordinance place federal funding for County services at risk as a result of federal or state
legislation, a court order, or standing federal executive order, that provision shall be deemed invalid so long as the legislation, court order, or executive order remains in effect.