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Portola Valley is joining as a “friend of the court” two lawsuits that challenge the constitutionality of an executive order by President Donald Trump threatening to withhold federal funds from “sanctuary jurisdictions” – a term not defined in the executive order.
Portola Valley does not take a person’s citizenship status into account in providing services or access to town facilities, and the council said as much in a February resolution affirming the town as “a diverse, supportive, inclusive and protective community,” Town Attorney Cara E. Silver noted in a staff report.
The council was unanimous in voting to join the amicus briefs, though Councilwoman Ann Wengert conditioned her support on the council receiving regular updates from Ms. Silver. “I think there are going to be many more twists that this road takes, and I want to be very conscious of all of the risks and rewards of what we’re doing going forward,” Ms. Wengert said.
The lawsuits to be argued before the U. S. Ninth Circuit Court of Appeals in San Francisco are County of Santa Clara v. Trump and City and County of San Francisco v. Trump.
The executive order, signed in January by President Trump, says, in part, that sanctuary jurisdictions “that fail to comply with applicable Federal law (will) not receive Federal funds, except as mandated by law.”
The plaintiffs, Ms. Silver said, argue that the order is unconstitutional because it a) violates the 10th Amendment by attempting to control local decisions over how to spend money on law enforcement, b) is vague on definitions of sanctuary jurisdiction and the affected funding, and c) denies the jurisdictions due process.
The state inserted itself on Oct. 5, when Gov. Jerry Brown signed SB 54, declaring California a sanctuary for undocumented immigrants. State law will “largely prohibit” state and local law enforcement agencies from deploying staff or spending funds to “hold, question or share information about people” when requested by federal immigration agents, Ms. Silver said in her report. The exceptions are undocumented immigrants convicted of any of a list of some 800 violent crimes.
Community fabric
The town receives federal money occasionally for transportation purposes and has requested funds to deal with emergencies, but nothing on a regular basis, Town Manager Jeremy Dennis said in February.
The president’s narrative about dangers posed by undocumented immigrants is false, Councilwoman Maryann Derwin said. “There’s a lot of evidence to prove that they contribute greatly to communities,” she said. “Immigrants are the fabric to our community. They care for our children. They steward our properties. They build and maintain our houses. I think we owe them gratitude and safe harbor. … I think we need to stand with our immigrants. And if we don’t stand up for what we believe in, what do we stand for? So I would like us to join the amicus brief.”
“I’m all for joining it,” Councilman Jeff Aalfs said. “I don’t think we should start not speaking out because we’re afraid of retaliation. I don’t feel comfortable with that.”
Ms. Wengert wondered if being a friend of the court would make much difference. “The damage has been done,” she said. “We can’t roll that genie back until there’s a change in the administration.”
Statements like this “are powerful, powerful to the immigrant community,” Ms. Derwin said. “They feel like the people are standing with them.” Ms. Wengert said she “completely agrees.”
Joining the amicus brief would show the council as not backing down, Councilman John Richards said. “We should make a statement, stick with our original intent and join,” he said.
Mayor Craig Hughes said he agreed “very, very strongly” with Ms. Derwin. “I think its important that we stand with the immigrant community,” he said. And hot-button political issues aside, he said, “The president of the United States is telling us that we have to spend our local tax dollars on enforcing federal immigration law. … For that reason alone, I think we should join this amicus brief.”
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Remember, folks, that your taxpayer dollars are being spent on free education, free health care, free housing, employment, etc., for illegals. “Sanctuary” cities are a magnet for illegals, a place for them to hide while taxpayer dollars support them and their families.
You’ve got to be kidding. This is a serious enough issue that the tax paying citizens of PV should be allowed to vote on this endorsement/support. I, for one, am vigorously opposed to the ‘Sanctuary City’ philosophy as we’ve seen the results of such naive, short sighted thinking. Insofar as this is contrary to federal law, can I withhold any of my tax funds used to implement this nonsensical endorsement?
I don’t support PV doing this, the law is clear in immigration matters. How the cities can pick and choose which Federal Law too follow is beyond me.
In the last 10 years how much money has the Federal Government told PV to use to arrest, investigate or deport illegal immigrants?
What did the President of the USA tell PV Mayor to do? (“The president of the United States is telling us that we have to spend our local tax dollars on enforcing federal immigration law).
In my view this is just another group of liberal people wanting or breaking the law to advance their political gains in the USA.
What the hell has happened to Portola Valley. Are there no longer enough American’s still living there to keep the Socialist/Marxist, and Leftists under control. You all should be ashamed of yourselves, this makes me sick to my stomach. I have witnessed the destruction of our once great State, the schools, our hospitals, uncontrolled growth and a judicial system that is rot with corruption and no longer knows the difference between right and wrong. The people of Portola Valley used to be more concerned with maintaining the quaint atmosphere of the Valley, now all that matters is implementing Agenda 21. The next thing your town council will want to do is house maximum security prisoners so they can have a better chance for rehabilitation. And what is so sad is that know one will see a damn thing wrong with the idea. What has happened to Portola Valley makes me want to cry. There wasn’t a better place to grow up when I was a kid. We went out in the morning and were told to be home for dinner. Our parents never had to worry about creeps harming us. We never locked our doors. I ask you what do you have now, the constant fear of home invasions and theft from your hired help. I bet if your kids are out for more than a hour or so y’all break out in a flop sweat. If there is anyone that can still see the immorality of all this coming from the mayor and town council I urge you to stand up against all this social engineering.
I live in Portola Valley and I was not asked my opinion on the matter. Seems this is the sole opinion of the town council and town staff. Let’s rescind this statement until the residents have had a chance to weigh in.
I totally support the vote taken by the town council and are proud of them for doing it!
Not my issue, BUT if you are not a Sanctuary City, and these others lose their lawsuit, ICE would be able to cause the witholding of ALL Federal Funds unless the Sheriff or Town PD checked all ID’s of all day laborers everyday. I’m sure you all already use e-verify to check every landscaper and housekeeper (including daily help of any contractors) working on your property. OR Not??
A ton of virtue-signaling by the council members.
I wonder what other federal laws they think PV shouldn’t obey.
The rule of law ultimately protects us all. The short-sightedness of most wooly-headed progressives in California sometimes beggars belief.
Reading the majority of comments here has been great late night entertainment. Thanks for the chuckle!
Judging by the reader comments, the opposition to the PV Council’s endorsement should require a ‘revisit’! To unilaterally defy federal law based on whim and some artificial ‘feel good’ philosophy is absurd, disingenuous and devoid of common sense. Apparently the PV Town Council believes (as did Mel Brooks) that “IT’S GOOD TO BE THE KING”! The decision reflects an absolute lack of judgment and devoid of any responsibility to represent its residents. They are, simply, ‘unenlightened despots’!
More stupidity from ‘those that know best’ … Arrogance to the ‘Nth’ degree!
It is clear that our Town Council has way exceeded their boundaries and needs to be reined in. As residents, none of us were asked how we felt about our town taking a deliberate stand to break Federal law and take any ensuing consequences and their costs. We are a nation of laws — we don’t get to pick and choose which we want to follow. Its time for the Town Council to reverse this decision and explain themselves, their actions and their overblown sense of self importance to the citizenry of Portola Valley. Otherwise perhaps a recall election is in short order.
Sanctuary policies make us all less safe.
https://cis.org/Vaughan/Immigration-Brief-Sanctuary-Cities?utm_source=E-mail+Updates&utm_campaign=c5f1506416-EMAIL_CAMPAIGN_2017_11_06&utm_medium=email&utm_term=0_7dc4c5d977-c5f1506416-45101137