HomeMy Public PortalAbout17-035 - California Expressing Support of Senate Bill 349 or the Access to Counsel Act of 2017RESOLUTION NO. 17-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, EXPRESSING SUPPORT OF SENATE BILL 349 (S.349) OR
THE ACCESS TO COUNSEL ACT OF 2017: GUARANTEES ACCESS TO
COUNSEL AT THE BORDER, PORTS OF ENTRY
WHEREAS, in the wake of the President Donald Trump Administration's Muslim Ban,
reports flooded in of innocent traveling individuals and families, refugees, Green Card holders
even U.S. Citizens, many of whom were elderly or children, were being illegally arrested,
detained for long periods of time, intimidated as they arrived at our airports and deprived of legal
counsel and contact with their families, being pressured to sign forms to give up their legal
permanent resident status and forced onto planes out of the country; and
WHEREAS, U.S. Senator Kamala D. Harris, a member of the Senate Committee on
Homeland Security & Governmental Affairs, introduced legislation S.349: the Access to Counsel
Act, an act to ensure that those held or detained while attempting to enter the United States,
whether at a border crossing or a port of entry, detention facilities overseen by the United States
and, or at immigrations proceedings be guaranteed access to legal counsel; and
WHEREAS, S.349 amends Section 555(b) of title 5, United States Code, by adding:
"The right to be accompanied, represented, and advised by counsel or other qualified
representative under this subsection shall extend to any person subject to a proceeding,
examination, holding, or detention described in section 292 of the Immigration and Nationality
Act (8 U.S.C. 1362)"; and
WHEREAS, S.349 provides that if counsel cannot personally meet with a person subject
to holding, detention, or inspection at port of entry, U.S. Customs and Border Protection or U.S.
Immigration and Customs Enforcement, as appropriate, shall provide redress options through
which counsel may communicate remotely (e.g., phone or video conference) with the held or
detained person during the first hour and thereafter of such holding or detention, regardless of the
day or time when such holding or detention began; and
WHEREAS, S.349 would invalidate any effort by immigration enforcement officials to
persuade someone to relinquish their legal status (by executing a Record of Abandonment of
Lawful Permanent Resident Status or Withdrawal of Application for Admission) if that person
had been denied access to counsel; and
WHEREAS, S.349 also enforces the proper treatment of individuals held or detained at
ports of entry or at any Customs and Border Protection or Immigration and Customs
Enforcement Detention Facility overseen by U.S. Customs and Border Protection. It mandates
RESOLUTION NO. 17-035
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that such detention be limited to the briefest term and least restrictive conditions practicable and
consistent with the rationale for such holding and shall include access to food, water and
restroom facilities; and
WHEREAS, S.349 has received support from nearly several dozen leading organizations
from the international, faith, Asian, Latino, Muslim, Jewish, and immigrant rights communities
such as Amnesty International USA, Bet Tzedek, Church World Services, Council on American -
Islamic Relations, Kids in Need of Defense, National Council of La Raza, National Immigrant
Justice Center, South Asian Americans Leading Together, the Coalition for Humane Immigrant
Rights Los Angeles, J Street, and the U.S. Committee for Refugees and Immigrants; and
WHEREAS, through S.349, Congress unequivocally denounces destructive and
denigrating acts against refugees, immigrants, students, and tourists, and firmly protects the
bedrock civil rights on which our democracy is built.
NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of
Carson, California expressly support S.349 or the Access to Counsel Act of 2017, and that a
copy of this resolution be sent to Senator Kamala Harris, author of the bill.
PASSED, APPROVED, and ADOPTED this 21st day of March 2017.
APPROVED AS TO FORM:
1 /
i�
ity torn Su6y K. So tans
�KyAr Albert Robles
ATTEST:
City Clerk Donesia L. Gause, MMC
RESOLUTION NO. 17-035
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Donesia L. Gause, City Clerk of the City of Carson, California, hereby attest to and certify that
the foregoing resolution, being Resolution No. 17-035, adopted by the Carson City Council at its
meeting held on the 215` day of March, 2017, by the following vote:
AYES: COUNCIL MEMBERS: Robles, Davis -Holmes, Santarina, Hicks, Hilton
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
City Clerk Donesia L. Gause, MAnMCC
U"
RESOLUTION NO. 17-035
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