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Legislation #: 100468 Introduction Date: 5/27/2010
Type: Resolution Effective Date: 6/6/2010
Sponsor: COUNCILMEMBER GOTTSTEIN AND COUNCILMEMBER SANDERS BROOK
Title: Calling for the Arizona State Legislature to repeal Senate Bill 1070, as amended by House Bill 2162, and for it to enact reasonable constitutional measures to immigration reform and to repeal House Bill 2281, and directing the City Clerk to send copies of this Resolution.

Legislation History
DateMinutesDescription
5/27/2010 Filed by the Clerk's office
5/27/2010 Immediate Adoption
5/27/2010 Adopted

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letter 100468.pdf Post Passage Document 342K letters of directive
100468.pdf Authenticated 180K AUTHENTICATED

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RESOLUTION NO. 100468

 

Calling for the Arizona State Legislature to repeal Senate Bill 1070, as amended by House Bill 2162, and for it to enact reasonable constitutional measures to immigration reform and to repeal House Bill 2281, and directing the City Clerk to send copies of this Resolution.

 

WHEREAS, the Arizona State Legislature enacted Senate Bill 1070, as amended by House Bill 2162 (hereinafter “Arizona S.B. 1070”), which was signed into law by Governor Jan Brewer on April 23, 2010, requiring all Arizona local law enforcement to question and investigate a person’s immigration status when there is “reasonable suspicion” that the person is not a United States citizen and is in the United States unlawfully, regardless of whether there is also reasonable suspicion that the person has committed, or been convicted of, a violation of local or state criminal law; and

 

WHEREAS, Arizona S.B. 1070 requires Arizona local law enforcement “when practicable” to detain people who they “reasonably suspect” are in the United States without authorization; compels Arizona local law enforcement to charge immigrants with a state crime for not carrying immigration documents, and creates a private right of action to sue cities upon belief that the local Arizona government has a policy or practice that restricts Arizona local law enforcement from implementing immigration law; and

 

WHEREAS, this Council believes that Arizona S.B. 1070 seriously undermines the United States Constitution which grants Congress the exclusive power over immigration matters; and

 

WHEREAS, this Council believes that Arizona S.B. 1070 encourages racial and ethnic profiling and violates Fourteenth Amendment guarantees of due process and equal protection for US citizens, legal residents and visitors from being detained for being in the United States; and

 

WHEREAS, Arizona S.B. 1070 purports to prohibit Arizona law enforcement officers from relying on race, ethnicity or national origin to determine who to investigate; but, this Council believes that such reliance on race, ethnicity or national origin, as well as language spoken, will occur; and

 

WHEREAS, the United States is facing a recession, which has impacted municipal revenues and significantly reduced funding for local law enforcement; and

 

WHEREAS, Arizona S.B. 1070 creates an unfunded mandate for Arizona local law enforcement officials; and

 

WHEREAS, Arizona S.B. 1070 unfairly targets members of the Latino community and other minority communities in Arizona; and

 

WHEREAS; Arizona S.B. 1070 will jeopardize public safety and drive a wedge between law enforcement and ethnic communities; and

 

WHEREAS, numerous United States municipalities have condemned the State of Arizona for adopting Arizona S.B.1070, including the City of Austin, Texas, the City of Berkley, California, the City of Boston, Massachusetts, the City of Boulder, Colorado, the City of Brownsville, Texas, the City of Chicago, Illinois, the City of Columbus, Ohio, the City of El Paso, Texas, the City of Flagstaff, Arizona, the City of Hartford Connecticut, the City of Inwood, New York, the City of Los Angeles, California, the City of Oakland, California, the City of Pasedena, California, the City of Santa Ana, California, the City of San Francisco, California, the City of San Jose, California, the City of Seattle, Washington, the City of St. Paul, Minnesota and the Denver Public School District; and

 

WHEREAS, Arizona cities such as Flagstaff, Phoenix and Tucson are determining how to legally challenge Arizona S.B. 1070; and

 

WHEREAS, Arizona S.B. 1070 removes the American legal principle that presumes innocence and places a burden on Arizona local law enforcement to discriminate on the basis of race and ethnicity, and

 

WHEREAS, Arizona S.B. 1070 challenges the cherished civil liberties of all citizens residing in and traveling to, or through, the State of Arizona; and

 

WHEREAS, the Arizona State Legislature also enacted House Bill 2281 (hereinafter “Arizona H.B. 2281”), which was signed into law by Governor Jan Brewer on May 11, 2010, which limited the programs of instruction and curriculum that Arizona school districts and charter schools can offer by prohibiting, for example, the offering of courses or classes that are designed primarily for pupils of a particular ethnic group or that advocate ethnic solidarity; and

 

WHEREAS, this Council believes that Arizona H.B. 2281 encourages racial and ethnic discrimination and diminishes the educational experience of students; NOW, THEREFORE,

 

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Council declares its opposition to both Arizona S.B. 1070 and Arizona H.B. 2281.

 

Section 2. That the Council urges the Arizona State Legislature to immediately repeal both of these laws.

 

Section 3. That the Council calls for the National League of Cities to support those Arizona cities opposing Arizona S.B. 1070; to support the enactment of reasonable, constitutional alternatives to Arizona S.B. 1070; alternatives that recognize the need for federal level reform that assists struggling border communities while respecting the humanity of all people living and working in these communities and to support those Arizona cities opposing Arizona H.B. 2281.

 

Section 4. That the Council calls for the National Conference of State Legislatures to oppose Arizona S.B. 1070 and assist the Arizona State Legislature with enactment of reasonable, constitutional alternatives to Arizona S.B. 1070; alternatives that recognize the need for federal level reform that assists struggling border communities while respecting the humanity of all people living and working in these communities and to oppose Arizona H.B. 2281.

 

Section 5. That the Council calls for a U. S. Department of Justice investigation as to whether Arizona S.B. 1070 is unconstitutional and to file a lawsuit to stop its implementation.

 

Section 6. That the Council calls on the U.S. Congress to enact federal immigration law reform that that assists struggling border communities while respecting the humanity of all people living and working in these communities and that preempts states from enacting legislation like that in Arizona S.B. 1070.

 

Section 7. That the Council directs the City Clerk to send copies of this Resolution to President Barack Obama, Attorney General Eric Holder, the U.S. Attorney for the Western District of Missouri, Arizona Governor Jan Brewer, U.S. Senators Claire McCaskill and Christopher Bond, Congressmen Rev. Emanuel Cleaver, Sam Graves and Ike Skelton, Missouri Governor Jay Nixon, the Kansas City Missouri General Assembly delegation, and to the chief executive officers of the National Conference of State Legislatures and National League of Cities.

 

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