Davis city council votes unanimously to strengthen sanctuary city ordinance, limit ICE cooperation

In a unanimous vote, the Davis City Council adopted a host of additions on Tuesday night to strengthen its existing sanctuary city ordinance and further limit the city's cooperation with future U.S. Immigration and Customs Enforcement (ICE) operations within city limits. 

Davis first established itself as a sanctuary city in May 1986. 

In public comment, many neighbors voiced their support for shoring up city code. 

"This ordinance makes us feel safe. We need to stand together," said one man at the podium. 

The key additions in the ordinance adopted Tuesday are: 

• Prohibiting the use of City resources or staff to assist in federal civil immigration enforcement except where required by a duly issued judicial warrant or otherwise permitted under SB 54.
• Prohibiting City employees from requesting, collecting, or sharing information regarding a person's citizenship or immigration status except as required by law.
• Prohibiting City staff from detaining, arresting, or transferring individuals for the purpose of immigration enforcement except where required by a judicial warrant.
• Prohibiting City property from being used as a staging or operational location for federal civil immigration enforcement activities.
• Prohibiting the City from entering into agreements with federal immigration authorities to enforce federal civil immigration law.
• Requiring the City to develop policies governing public areas of City facilities to ensure these spaces remain safe and accessible to all residents, regardless of citizenship or immigration status.
• Requiring City staff to document requests received from immigration authorities and notify the City Manager's office of these requests. The City Manager will maintain a record of requests and provide an annual public report to the City Council on the general nature of these requests.

The ordinance is very similar to one adopted in the city of Los Angeles, which is now being challenged by the Trump administration in a federal lawsuit.

"We should not underestimate the potential for a challenge, even for what appears to be a non-problematic ordinance," said Inder Khalsa, city attorney for Davis. 

One topic of debate Tuesday night was an item left out of the ordinance. 

It would have required the city to send out an alert to notify residents when ICE operations were taking place in Davis. 

"We don't really receive sufficient information to put that out," said Matt Petersen, Deputy Police Chief with the Davis Police Department. 

Petersen said the department does not track ICE operations in Davis and does not provide any support to the agency. He added the city could face significant liability if notifying the public about active federal investigations or operations. 

ICE activity could include civil immigration enforcement or investigation into crimes like human trafficking and major narcotics operations. 

"If we put that out, there is a real potential to harm the safety of those officers investigating those things. On the legal side of things, there is the liability, criminal liability, if we interfere with a federal investigation without understanding what the purpose of that investigation is," said Petersen. 

In public comment, several neighbors pushed for notifications to the community about federal enforcement operations to be added to the ordinance. 

"I believe it would be appropriate for the community to be notified when ICE is in town. It helps ensure public safety," said Kevin Baker in public comment. 

Council members debated the topic extensively. 

"Will it make us safer?" asked Vice Mayor Gloria Partida, calling it the most compelling sticking point of the items left out of the ordinance additions. "It is something I am having a hard time with," she added. 

Council ultimately voted unanimously to pass the ordinance without a notification policy. 

"I don't want this one piece to overshadow what I think is a really strong ordinance. What we have here in front of us is a strong ordinance," said council member Josh Chapman. 

Instead of a notification policy, the council directed city staff to look into adding a link to the city's website directing people to NorCal Resist, which is a nonprofit group that tracks ICE operations in the region. 

This sanctuary city ordinance will come back before the council for a second reading at a future council meeting. The date has not yet been determined. 

Council also discussed many recommendations made by the Human Relations Commission to promote immigrant safety and solidarity in Davis.