A divided El Cajon City Council on Tuesday declined to pass dueling resolutions concerning whether local police should assist federal officials in apprehending undocumented immigrants.
The council members voted on the original resolution brought by Mayor Bill Wells that called for such police assistance, as well as a reworded version that tried to balance concerns of fear within the immigrant community and public safety. After many unsuccessful attempts to tweak the wording, both resolutions were voted on. Both failed.
The meeting, which lasted more than five hours, drew roughly 80 speakers during the public comment period who fiercely debated the issue of immigration from all sides.
At the heart of the discussion was to what extent city police are legally able to assist immigration officials under Senate Bill 54, a California law that restricts the role local law enforcement can play in immigration enforcement but also has allowances for working with federal officers to address violent criminals.
“The intention of this is to state that El Cajon will represent the people that live here by telling the federal government our intent to comply with you,” said Wells, who brought the original resolution a few weeks ago.
Councilmember Michelle Metschel gave a passionate address in opposition to the original resolution after saying it was weighing heavy on her and she had received more than 100 emails for and against it.
“I will not be a part of it,” she said. “This makes us look like racists, and I want no part of it.”
But she also said local police should work with federal enforcement officers when there is a violent criminal involved, although she also said the city faces a greater threat from crimes committed by homeless people.
She got a standing ovation from half the room.
Councilmember Gary Kendrick cited reports that show immigrants commit fewer crimes than citizens and said they pay taxes and into Social Security without receiving benefits.
“Our immigrants are part of the fabric of who we are, and I don’t want to rip apart that fabric,” he said, adding that he also had concerns about a criminal element.
Kendrick said he and Metschel had recently met and had written the alternate resolution, which was passed out to council members and the audience. The resolution read in part, “The city of El Cajon resolves to declare its intent to comply with the laws of the state of California, including SB 54, which enables local law enforcement to cooperate with federal immigration authorities for the sole purpose of apprehending violent criminals, thus ensuring the safety of all residents.”
Councilman Phil Ortiz said he loved the softer resolution proposed by the other council members, but also said the rule of law was important.
The original resolution proposed weeks ago called for the city to assist with federal immigration efforts while also complying with SB 54. The language in the resolution stated its intent was public safety and keeping violent criminals out of the community.
Several Latino residents spoke against the original resolution and said it would cause anxiety in their community because they feared police might detain them and call U.S. Immigration and Customs Enforcement agents if they were suspected of being undocumented.
The majority of council members, with only Wells opposing, asked city staff members two weeks ago to return with a reworded resolution to clarify that its intent was only to remove violent criminals from the community.
Wells said the resolution was needed to clarify what he said were inconsistencies with state and federal laws and policies.
A Justice Department memo released last week states that federal law prohibits states and local actors from resisting, obstructing or failing to comply with immigration laws, raising the possibility that local lawmakers could face federal prosecution.
In contrast, SB 54 limits the use of local police and sheriff’s departments in investigating, detaining or arresting people for civil immigration violations.
The original resolution before the council Tuesday asked for clarification from state and federal officials and also contained language acknowledging El Cajon as “home to vibrant and diverse immigrant communities who have enriched our city with their unique cultural traditions, entrepreneurial spirit, and valuable contributions to the social and economic fabric of our community.”
Speakers on Tuesday included a man identified as a local pastor who said the resolution was about justice for the people who came to the U.S. legally.
Another man in support said, “If you don’t support this resolution, you’re in favor of allowing rapists and murders to stay in the community.”
Yusef Miller, executive director of Activist San Diego and North County Equity and Justice Coalition, said the issue was not about law and order, but politics and racism.
“It’s about kissing the brass ring of Donald Trump, and we all see through this,” he said.
Wells had to quiet the crowd several times after outbursts interrupted the council’s discussion.
It’s unclear whether the council might consider another version of the resolution.