To: Honorable Mayor and Members of City Council
From: City Manager Steve Potter
Prepared By: Chief of Police Jennifer Gonzales
TITLE:
Title
Police Department’s Report on Public Safety Update - Council and Community Immigration Concerns
LABEL
RECOMMENDED ACTION:
Recommendation
Receive report from the Chief of Police on Council and Community Immigration Concerns
Body
DISCUSSION:
Purpose for this report:
Following the 2024 US Presidential election, in which former President Donald J. Trump was reelected to serve as our 47th US President, City of Napa Council members and some of the Napa community expressed concerns about anticipated extreme changes to Federal immigration laws or Federal US Immigration and Customs Enforcement (ICE) <https://www.ice.gov/>) deportation practices by the incoming Federal Administration that could impact Napa residents. Additional concerns were expressed about the role, if any, members of the Napa Police Department will play in the future immigrant deportations.
During the public comments of the December 17, 2024, City of Napa City Council afternoon session (item 4), community members made statements and requests for City Council to review “anti-mass deportation” resolutions of other California cities. As a result of the public comments, City Council Vice Mayor Narvaez, who was acting Mayor for the session, requested the City Manager agendize a discussion of police practices regarding immigration issues. Councilmember Alessio supported getting information for a pathway forward. Councilmember Painter was interested in additional information, what has been provided in other communities (see attachment 3), and what the practices are in the City of Napa. Councilmember Luros supported obtaining information at a future meeting.
Background Information:
Napa County law enforcement leaders, to include the Napa Police Department, meet regularly to discuss countywide public safety concerns. Each of our community’s law enforcement leaders have been monitoring the pre- and post-2024 Presidential election for continued community public safety threat assessments. On December 19, 2024, Napa County law enforcement leaders met to discuss community concerns about Federal immigration and deportation. Concerns about misinformation that may cause members of our communities to not seek help from local law enforcement during a time of need, the Napa County District Attorney, Napa County Sheriff, and all of the Chiefs of Napa County unanimously decided to create a community message to outline the actions each department will and will not take as it relates to Federal immigration enforcement. This message was created in English and Spanish (see Attachments 1 and 2). In summary, this community statement, dated December 30, 2024, indicated our unified commitment to public service and the safety of all of our local residents, regardless of immigration status. The primary goal of our local law enforcement agencies is safety of our Napa Valley communities. To be effective, we seek to establish and maintain the trust and cooperation of all of the members of our community. Trust is the greatest of gifts, but it must be earned. Each of the Napa Valley law enforcement agencies have worked hard to establish relationships with our communities, long before the 2024 election. We do not want such relationships to erode based on the fear of National level activities that could occur at an unknown place in the unknown future.
The State of California law already dictates the participation of Federal immigration enforcement restrictions placed on local law enforcement, including the City of Napa Police Department.
• SB 54 <https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB4> (effective January 1, 2018), also known as the California Values Act, prevents state and local law enforcement agencies (and state and local resources) from being used to assist in Federal immigration enforcement. This generally means that the Napa Police cannot ask about immigration status, arrest an individual for only having a deportation order or other immigration violation, and that the City cannot share personal information with Federal immigration authorities unless that information is already publicly available.
• AB 2792 (effective January 1, 2017), also known as the Truth Act, requires generally if Federal immigration authorities seek to interview an individual in Napa Police custody, that the Napa Police provide a written consent form (translated into multiple languages) to that individual explaining the purpose of the interview, that it is voluntary, and that the individual may decline the interview. The legislation also requires other notifications and disclosures to the individual being held in custody.
• AB 4 (Approved by the Governor on October 5, 2013), also known as the Trust Act, limits when a local law enforcement agency may detain an individual based on an ICE immigration hold. Any detention under the law is limited to an individual being convicted of certain higher level public safety crimes. (It should be noted, our local detention facility, the Napa Corrections Detention Center (NCDC <https://www.countyofnapa.org/2109/Corrections>), is staffed and operated by the County of Napa Corrections Division. The City of Napa does not have jurisdictional responsibility of the facility.)
There are very few exceptions in our state laws that dictate when a Napa Police Officer may be involved in arrests or related warrants involving individuals with Federal detention authority. Example of an exclusion would be egregious cases such as when an individual has prior convictions for aggravated felony (as defined by 8 USC §1326 <https://uscode.house.gov/view.xhtml?req=Title+18&f=treesort&num=705>), I.E., murder, rape, sexual assault of a minor, or human trafficking. An additional exception to Napa Police involvement would be from the request by a Federal Officer for an urgent officer safety issue, such as when the Federal Officer is involved in a life-or-death situation and needs emergency assistance from local law enforcement. In these rare exceptions, Napa Police Department supervisors are required to assess the incidents and compare the requests against the above cited laws prior to permitted action being taken by our Police Officers.
Based on the restrictions established in State law (2013 - present), local law enforcement agencies do not have Constitutional authority, jurisdiction, or powers of arrest on Federal immigration violations. Local law enforcement also cannot determine immigration status to qualify victim of crimes for services, cannot question individuals about immigration status, cannot use local resources for immigration enforcement, nor can local law enforcement officers assist in immigration enforcement investigations. Additionally, local law enforcement agencies are not necessarily always notified by Federal ICE officers of an enforcement detail in our communities. Local law enforcement cannot dictate the equipment, to include uniforms, used by Federal agents. As a result, there can be confusion when ICE agents arrive in a city, resulting in some community members fearing to speak with local police officers, believing they are Federal immigration agents. For this reason, the Napa Valley law enforcement leaders used the logos of their uniformed patches on the December 30th community statement so our residents could familiarize themselves with each of the local agency’s symbols.
To further our efforts to connect with our communities, the Napa Police Department looks to the City of Napa’s missions and values for guidance. In 2024, the City of Napa City Council reestablished the City’s mission statement to be "Rooted in public service, our mission is to grow a vibrant, sustainable community for all who live in, work in and visit the City of Napa, through thoughtful leadership and dedication to excellence." Core City values were identified as Integrity, Service, Inclusion, and Collaboration. The City of Napa Police Department leadership identified the guiding policing principles to include Safety of the Community, Support of the Future, and Service Over Self. As such, we are committed to enhancing the safety of the Napa community for all. Applicable Napa Police Department General Orders (departmental regulations) align with the laws of the State and City Administrative Regulations (see Attachment 6).
Fear for one’s safety/freedom or the safety/freedom of a loved one is a powerful emotion. Fear can breed confusion and aid in the spread of misinformation, which is the primary reason why all of the local Napa County law enforcement leaders believed it was important to share a unified message about our role in public safety and the State governed restrictions on Federal immigration enforcement. Strength lies in the sharing of facts with our community members to reduce fears and overreaction. For this reason, post-election local law enforcement leaders have made significant efforts to meet formally and informally with educational, health, religious, political, immigration services advocates, business and other social service leaders, as well as directly with members of our communities, to speak about facts and the roles local law enforcement plays in the safety of our residents (see attachments 4 & 5). We have asked local community leaders to help calm our residents, so all better understand the laws, immigration enforcement restrictions of the State, and our local practices.
The members of the Napa Police Department are and will continue to be unified in safety, support, and service of the Napa community. Should a member of our community need policing services, they should be confident our primary goal is to enhance their safety, using the applicable State and local laws and regulations. The members of the Napa Police Department are here to serve our community and enhance the safety of all.
FINANCIAL IMPACTS:
None.
CEQA:
The Chief of Police has determined that the recommended action described in this staff report is not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c).
DOCUMENTS ATTACHED:
ATCH 1 - Community Statement Provided by Countywide Law Enforcement Leaders - (English version), dated December 30, 2024
ATCH 2 - Community Message Provided by Countywide Law Enforcement Leaders (Spanish version), dated December 30, 2024
ATCH 3 - Community Statement Provided by the City of Woodland Mayor Tania Garcia-Cadena and Chief of Police Ryan Kinnan Regarding Immigration (Source: City of Woodland News, posted December 5, 2024).
ATCH 4 - Napa Valley Community Foundation - Community Based Organizations/Law Enforcement Meeting agenda, meeting date December 20, 2024.
ATCH 5 - Napa County Hispanic Chamber of Commerce - Napa Latino Leaders Round Table Building Trust and Safety Meeting agenda, meeting date January 17, 2024.
ATCH 6 - Applicable City of Napa Police Department General Orders:
6a: 326 - Victim and Witness Assistance
6b: 328 - Hate Crimes
6c: 415 - Immigration Violations
6d: 421 - Criminal Organizations
6e: 429 - Automated License Plate Readers
6f: 508 - Automated Red Light Enforcement System
6g: 805 - Records Bureau
6h: 1000 - Recruitment Selection
NOTIFICATION:
None.