March 9, 2007

City Council passes resolution supporting immigrant rights to public safety

Contentious resolution seeks to alleviate fear for illegal immigrants

By Ali Abdollahi
Staff Writer

A resolution written by Councilmember Sam Liccardo aimed at calming the fears of undocumented immigrants residing in San Jose turned into an impromptu public forum on the illegal immigration debate during the City Council meeting on Mar. 6. After more that 90 minutes of debate by the Council and the public, the Council passed all four actions of the resolution.

The contention over the resolution began even before the public comments portion. Councilmember Pete Constant, a former police officer, did not support the fourth action of the resolution, which stated the view of the City Council to be that recent raids by the Immigration and Customs Enforcement Agency (ICE) have had “harsh unintended consequences.”

Though the fourth action stated that ICE raids were “laudable where they target violent or predatory criminals for deportation,” Liccardo also wrote, “Those sweeps that have cast the net widely to arrest otherwise law-abiding undocumented immigrants have raised the council’s concern, insofar as they undermine the ability of (San Jose’s) police department, fire department, and other city agencies to interact with fearful immigrants, leaving all of San Jose’s residents less safe.”

Constant said that, while illegal immigrants “have the right not be the victim of a crime,” he stated concern with the action. “Ours is a nation of laws,” said Constant, “I don’t think (the city council) should tell other law enforcement agencies, other jurisdictions, ‘We don’t want you operating in our city.’”

In response, Liccardo referred to ICE raids in San Mateo and Contra Costa counties, where scores of immigrants who were not on the ICE’s “wanted” list were arrested along with targeted criminals. “These ICE raids have created jittery communities,” said Liccardo. “The perception is that when we cast the net that wide, we severely impede our ability to protect our community.”

Questioned by Councilmember Nora Campos, Police Chief Rob Davis told the Council that the resolution would not draw a new policy, but rather that it was “confirming what we’re already doing.”

Based on Constant’s objection, the Council voted to separate the fourth action from the first three. However, the contested fourth action still passed 7-1, with Constant the only council member to vote against it.

The first three actions of the resolution passed unanimously. Those actions reaffirmed the San Jose Police Department’s policy that its officers will not arrest people merely for their unlawful presence in the United States, and that no “otherwise law-abiding” undocumented immigrants should fear arrest or deportation for coming forward to report a crime as a victim or witness, or by contacting a city employee to express concerns or ask questions.

More than 20 members of the public spoke prior to the Council’s vote. Most spoke against the resolution, saying that it would only encourage and embolden illegal immigrants. “I’m appalled,” said San Jose resident Don Stone. “Even in the way the resolution refers to them as ‘undocumented immigrants.’ They’re not undocumented immigrant’s, they’re ‘illegal aliens,’ and I wish you’d call them that.”

Others opposing the resolution brought up issues usually associated with the on-going national debate on immigration reform; loss of American jobs and American culture, drain on the economy, and fears of terrorism.

A woman who spoke in support of the resolution illustrated—perhaps purposely—the concerns Liccardo referred to by asking to remain anonymous. “I don’t feel safe giving my name anymore,” said the woman with a heavy Spanish accent. “I have lived in San Jose for 17 years. I’m an independent mom, I pay my taxes and I follow the laws. I live in this city because people don’t care what you look like. They just see an honest person.”

Councilmember Nancy Pyle brought some perspective to the sounding-off session. “Listening to some of the comments, it makes me ask, ‘Are we looking at the same resolution,’” said Pyle. “This resolution makes no judgment about our immigration policy. That topic will be addressed by Congress.”

The majority of the Council sympathized with the resolution as written by Liccardo, in cooperation with Campos, Vice Mayor Dave Cortese and Councilmember Madison Nguyen. Said Councilmember Forrest Williams, “I’ve had conversations (with people) saying that I shouldn’t support this resolution, and saying that I should support this resolution. But my personal experiences tell me that I should support it.

“I’ve lived these type of experiences. I felt uncertainty because I had no defense. In this case, the undocumented immigrants have no defense,” said Williams. “It’s important that we have an environment where people are safe. It’s
our job to protect all of San Jose.”

The passage of the resolution after the lengthy debate brought loud applause from supporters in the council chambers.