HomeMy WebLinkAbout4A - CLEAR Act Draft Resolutioni
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l~esolution: CLEAR ' Ct
DRAFT;
Agenda Item VI-A
D R A F T
RTSOLUI'ION OPPOSING HR 2671,
the Clear Law ~nfm•cement for Criminal Alicn Removal (CLEAR) Act
WHEREAS, HR2671, the Cleai Law Enforcement foi Ciiminal ALen Removal
(CLEAR) Act, sponsoied by Rep Cha~lie Noiwood, would encourage local and state police
deparuneuts to "mvest~gate, appichend, detam, o~ iemove al~ens" d~scovered m the course of
[heii norm~l law enforcement duties; and
WHEREAS, the CLEAR Acl would mcrease state and local government respons~bilrties
m enforcmg federal ~mm~grat~on laws, and
WHEREAS, the CLEAR Act pwpo~~ts to enhance homeland secunty by depuhzmg state
and local pol~ce as ~mm~grant agents wh~ch wo~ild buiden pol~ce w~th enfoicement of h~ghly
techmcal civil ~m~mgrat~on statutes, dive~tmg tl~em from higher pnoiity tasks of publ~c safety;
and
WHEREAS, the CLEAR Act would iequire states and localities to prov~de the
Department of Homeland Sec~~riry and the Depaitment of Just~ce wrth spec~fied mformation
about all apprehended mimig~ants w~thout documentaUon and would ehmmate certam fedeial
mcarceiat~on ass~stance for noocompliance, and
WHEREAS, these ieportiug iequirements iepresent a burdensome mandate that may
~mpede local pol~cing funcUons, and
WHEREAS, the Bouldei Police Depa~tment has wo~ked dil~genUy to gam the trust of
~mm~g~ant ~esidents and convmce them Chat ~t ~s safe to contact and work w~th pol~ce. By
turnmg pol~ce officeis mto ~mmig~at~on agents, the CLEAR Act would discourage ~mmigrants
fiom commg forwa~d to iepoit ciimes and suspic~ous act~v~ty, makmg Boulder's street less safe;
and
WHEREAS, many people throughout commumt~es acioss the nat~on, mcludmg Boulder,
are concerned that certam prov~sions in the CLEAR Act threaten c~vil r~ghts and liberties
guaranteed under the United States Const~tut~on; and
WHEREAS, enfoicement of the CLEAR Act invites racial profiling and other
mfrmgements on the civil l~beities of those indrnduals who merely "look" or "sound l~ke"
immigrants; and
WHEREAS, the City of Boulder has been, and ~emains, committed to the protection of
civil iights and l~berties for all people as expressed in the United States and the Colorado
Consdtutions; and
WHEREAS, the pol~cy of thc Boulder Pol~ce Depaitment ~s that all detenrions or stops
must be supported by ieasonable susp~cion that a crime has been comm~tted or is about to be
committed, and that all arrests and searches of person and/or pioperty by officers m Boulder
must be conducted m compl~ance wrth the Fourth Amendment of the U.S. Constitution and
Article II, SecUon 7 of the Colorado Constitution; and
WHEREAS the pohcy oY the Boulder Pol~ce Department is, further, that officers shall not
consider ancestry, race, ethmc~ty, nat~onal o~igm, color, age, sex, sexual or~en[atton, gender
vaiiance, mai~tal status, phys~cal or mcnCal d~sab~l~ty, or rel~g~on as a sole basis for establishmg
reasonable susp~c~on, probable cause, or a bas~s for requestmg consent to search; and
WHEREAS, this bill would take away State Criminal Alien Assistance Program,
(SCAAP) fundmg from state and local goveinments that do not authonze their law enforcement
off~cers to enforce ~mmigration ]aws, mcludmg civil violadons; and
WHEREAS, th~s leg~slat~on would have a corios~ve effect on community policmg efforts
NOW THEREFORE, BE TP RESOLVED BY THE CITY COUNCIL OF THE CTI'Y OF
BOULDER as follows•
SecUon 1. That the C~ty of Boulder reaffirms Boulder's comm~tment to civil rights as outlmed in
the City of Bouldei Human Rights Oidmance and ~ts commitment to unbiased poLcmg as
expiessed m the pol~cies of the Boulder Pol~ce Department
Sect~on 2 That the Crty of Boulder fvmly adheres to the prmciple that no law enforcement
agency, or other c~ty agency, may profile or disciimmate against any person solely on the bas~s
of ancestry, race, ethmc~ty, national oi~gm, color, age, sex, sexual o~ientation, gender variance,
mantal status, physica] or mental disabiliYy, or rel~g~oo, nor shall Crty of Boulder agencies assisY
othe~ agencies m piact~ces that v~olate these policies
Section 3 That the C~ty of Boulder opposes enactment of HR 2671, the CLEAR Act.
Sect~on 4. ThaC the Clerk of the C~ty of Boulder attests and affixes the seal of the City of
Boulder to this iesoluhon.