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i'u::VUEST FOR COUNCIL ACTION
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Resolution Opposing Proposition 187
From: Councilman Ralph Hernandez '.,
Subject:
Dept: Council Office
DC October 10, 1994
SynopSis of Previous Council Action:
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~ecommended Motion:
That the Mayor and Council adopt a resolution opposing Proposition 187, the "Save Our State" initiative.
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Signature
antact Person: Councilman Raloh Hernandez
Phone:
5333
Jpporting Data Attached:
yes
Ward:
'JNDING REQUIREMENTS: Amount:
Source: (Acct.No.1
(Acct. Description)
Finance:
ouncil Notes:
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AGENDA ITEM No.M
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A RESOLUTION OPPOSING THE PASSAGE OF PROPOSITION 187
THE "SAVE OUR STATE" INITIATIVE
WHEREAS, immigration is one of the most significant and politically volatile issues facing
California policy makers; and
WHEREAS, the "Save Our State" ("SOS") initiative seeks to scapegoat immigrants for the
economic and social woes facing California, in the midst of an election year; and
WHEREAS, "SOS" proponents contend that immigrants come to California to receive public
benefits and services when, in fact, immigrants come for jobs, family reunification and to flee
persecution. Federal law already denies undocumented immigrants welfare or cash assistance programs,
including food stamps; and
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WHEREAS, despite poverty rates among immigrants higher than the average, immigrants use
fewer public benefits and are less likely than native-born residents to become dependent on welfare,
according to the California Senate. Office of Research and data from the INS; and
WHEREAS, according to a study by the Urban Institute, immigrants in California .contribute $30
billion in taxes. while receiving barely half that amount in government services; and
WHEREAS, "SOS" proponents ignore policies adopted by law enforcement agencies that already
formalize cooperation between local governments and INS when undocumented persons are arrested for
multiple misdemeanor offenses, high grade misdemeanors or felony offenses; and
WHEREAS, "SOS", aside from duplicating already-existing law enforcement practices, also
would raise serious legal issues by re:noving the requirement of "reasonableness" to any arrest - a basic
constitutional protection against arbitrary government action; and
WHEREAS, the Ninth Circuit U.S. Court of Appeals ruled this year in Gonzales-Rivera v. INS
that a stop based on race, or ethnic appearance, is an egregious Constitutional violation; and
WHEREAS, in clear violation of the State Constitution and a 1982 U.S. Supreme Court decision
(Plvler v. Doel, "SOS" would restrict undocumented persons from public schools, requiring school
officials to report any pupil or parent suspected of being undocumented. "SOS" jeopardizes California's
share of federal education funds by violating provisions of the federal Family Educational Rights and
Privacy Act (FEROAi, which prohibits the release of irJormation about public school students; and
WHEREAS, at the same time "SOS" proposed to "save" our state, it also proposes to further
drain local governments and schools of scarce funding through additional mandates with no funding; and
and
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WHEREAS, policy makers should seek a responsible dialogue and debate on immigration issues
that places a greater emphasis on servicing political asylum cases, legal residency and citizenship cases
to accurately determine status; the development of tracking systems for all points of entry into this
country; and deportation of all undocumented persons convicted of felony crimes; and
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NOW, THEREFORE, BE IT RESOLVED, that the City of San Bernardino oppo!es the so-
called "Save Our State" Initiative; and be it
FURTHER RESOLVED, that the City of San Bernardino seeks a responsible dialogue on the
immigration issue including a greater emphasis on servicing political asylum cases, legal residency and
citizenship cases to accurately detennine status; development of traclcing systems for all points of entry
into this country; and deportation of undocumented persons convicted of felony crintes; and be it
FURTHER RESOLVED, that the City Clerk be instructed to transmit a copy of this resolution
to every city and county in the State of California and the Democratic and Republican nominees for
statewide office.
DATED TillS
day of
EDDIE V. NEGRETE
Councilman. First WarJ
10M MINOR
Mayor
JERRY M. DEVLIN
Councilman, Fifth Ward
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F. J. CURLIN. M.D.
Councilman. Second Ward
VALERIE POPE-LUDLAM
Councilwoman. Sixth Ward
RALPH HERNANDEZ
Councilman. Third Ward
DAVID OBERElELMAN
Councilman, Fourth Ward
NORINE MaLER
Councilwoman, Seventh Ward
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