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Editor’s note: A previous version of this story incorrectly stated the purpose of the brief filed by the city council. City Attorney Don Larkin clarified that the “amicus” brief approved by the council in closed session March 15 indicates the city’s support for Santa Clara County’s lawsuit against the Trump administration, and lists concerns that the city thinks the federal court should take into consideration regarding the county’s complaint. The story below has been updated to reflect this clarification.
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The Morgan Hill City Council voted in closed session March 15 to declare its support of the county’s lawsuit challenging President Donald Trump’s controversial executive order that strips federal funding from state and local “sanctuary cities.”
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City Attorney Donald Larkin clarified that although Morgan Hill does not classify itself as a sanctuary city, the council filed an “amicus” brief in U.S. District Court opposing the new federal law because the order is overly vague.
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“It’s not legal for our local law enforcement to enforce immigration policies,” Larkin said at the March 15 council meeting. “Our basis for joining (the county’s lawsuit) is the order is vague, and could have an impact on…members of our community.”
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The city’s filing supports the federal lawsuit filed in February by Santa Clara County challenging the executive order, but does not indicate the City of Morgan Hill is also suing the Trump administration, Larkin clarified.
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“We’re explaining issues (in the amicus brief) the court should take into consideration,” Larkin said. He added that dozens of cities have filed similar briefs in support of the county’s lawsuit.
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The five-member council voted unanimously to file the brief.
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The county’s lawsuit claims Trump’s Jan. 25 executive order is unconstitutional because it attempts to coerce the county, as well as other state and local governments, to participate in the president’s expanded federal immigration enforcement and deportation efforts.
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Furthermore, county officials fear Trump’s order could deprive it of public coffers of nearly $1.7 billion in annual federal funds promised for critical health, welfare and safety services, according to county staff.
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Morgan Hill, which does not claim to be a sanctuary city, received $440,745 from the Federal Emergency Management Agency (FEMA) for fire and police equipment in Fiscal Year 2015-16, according to city staff. For 2016-17, the city is budgeted to receive $1,379,000 from the One Bay Area Street Grant, which is a pass-through from Metropolitan Transportation Commission (MTC), for pavement rehabilitation. These funds do not appear to be threatened by Trump’s executive order.
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The Morgan Hill council’s March 15 comes on the heels of a “statement of support and assurance” approved by the body in December 2016, promising local residents that Morgan Hill police will not be used for federal immigration enforcement. That statement also assures residents that the city will not discriminate against anyone based on race, ethnicity or religion.
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Trump’s executive order applies to “sanctuary cities” and counties, which are loosely defined as jurisdictions that welcome refugees and undocumented immigrants, and have policies in place that limit or prohibit cooperation with federal immigration officials.
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Also at the March 15 meeting, MHPD Chief David Swing read a statement from the Santa Clara County Police Chiefs Association, of which he is president, that he presented at a press conference in San Jose the previous day. That “statement of solidarity to our immigrant communities” further promises that law enforcement agencies in Santa Clara County will not enforce federal immigration laws.
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“Our officers will not detain or arrest any person on the basis of the person’s citizenship or status under civil immigration laws. It is not our mission nor our role,” Swing’s statement reads, in part.
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Councilmember Rene Spring used his opportunity for an informal report at the beginning of the March 15 meeting to thank Swing for making the statement.
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“To David Swing and the other chiefs, I applaud you coming forward. I have your back and I hope many other residents do also,” Spring said.
The topic of immigration has become even more sensitive in Morgan Hill since the U.S. Immigration and Customs Enforcement office moved its regional Enforcement and Removal Operations sub-office to a location on Vineyard Court in late 2016. This office covers the ICE region from the Oregon border to Bakersfield, and is not equipped or authorized to hold suspected immigration offenders for more than 12 hours.
