document

San Jose, CA Resolution

Document Date: October 2, 2003

Resolution No. 71759

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE TO DEFEND THE BILL OF RIGHTS AND CIVIL LIBERTIES

WHEREAS, the City of San Jose (""City"") has a long and distinguished tradition of protecting the civil rights and civil liberties of its residents; and

WHEREAS, the City has a diverse population, including immigrants, students, and working people, whose contributions to the community are vital to its character and function; and

WHEREAS, fundamental constitutional rights and liberties are essential to the preservation of a just and democratic society; and

WHEREAS, several new federal laws, regulations, and executive orders issued since the terrorist attacks of September 11, 2001, including the adoption of certain provisions of the USA PATRIOT Act (collectively, the ""Act""), now threaten these fundamental constitutional rights and liberties, including:

  • Freedom of speech and religion;
  • Right to privacy;
  • Right to counsel and due process in judicial proceedings;
  • Right to equal protection before the law; and
  • Protection from unreasonable searches and seizures; and

WHEREAS, the powers granted under the Act threaten the civil rights and civil liberties of San Jose residents, and particularly affect those of Arab-American, Muslim, and South Asian backgrounds; and

WHEREAS, thirty years ago California voters overwhelmingly adopted a Constituiotnal right to privacy to protection against a ""proliferation of government snooping and data collecting [that] is threatening to destroy our traditional freedoms;"" and

WHEREAS, the failure to defend civil liberties during World War II led to the incarceration of 120,000 Americans of Japanese descent in California and other western states as well as the incarceration of German and Italian Americans, and Hungarian, Romanian and Bulgarian Americans; and

WHEREAS, during the 1930s and the 1950s, the U.S. government systematically rounded up and deported thousands of Mexican immigrants and Americans of Mexican descent;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT THE CITY COUNCIL HEREBY:

  1. Affirms its strong support for fundamental constitutional rights and its opposition to (1) the provisions of the Act that infringe on important civil liberties and (2) any future legislation, rules, regulations or executive orders that strengthen, reinforce, broaden, or otherwise expand the provisions of the Act that infringe on civil liberties.
  2. Affirms its strong opposition to terrorism but also affirm that any efforts to fight terrorism not be waged at the expense of the fundamental civil rights and liberties of the people of the City of San Jose, and the United States.
  3. Affirms its strong support for the constitutional rights of immigrant communities in San Jose and oppose racial profiling and the scapegoating of immigrants.
  4. Directs the City Manager to send a letter and a copy of this Resolution to the City of San Jose's U.S. Senate and Congressional Delegation urging them to (1) work to repeal all provisions of the Act that infringe on civil liberties and (2) to oppose any future legislation, rules, regulations or executive orders that strengthen, reinforce, broaden, or otherwise expand the provisions of the Act that ingringe on civil liberties. A copy of the letter and the resolution shall also be sent to President Bush and Attorney General John Ashcroft.
  5. Encourages City departments to (1) determine how the new federal powers under the Act are affecting residents of the City of San Jose; (2) monitor requests for cooperation in investigations utilizing those new powers on an ongoing basis; and (3) regularly report their findings to the City Manager for submission to the City Council
  6. Directs the City Manager to ensure that the San Jose Police Department and other departments, to the extent legally possible, not officially assist or voluntarily cooperate with investigations, interrogations or arrest procedures, public or clandestine that are in violation of individuals' constitutionally protected civil rights or civil liberties.
  7. Urges Congress to identify decisions and policy directives from the Justice Department and the immigration authorities that are discriminatory and require them to be changed.
  8. Urges Congress to exercise more oversight to ensure that powers granted under the Patriot Act and other federal laws are not abused.
  9. Urges Congress to require the Department of Justice (DOJ) and Department of Homeland Security (DHS) to document and report to Congress their uses of power under the Patriot Act in a way that the American people can be assured that abuses are not occurring.
  10. Urges Congress to require the Inspector General for the DHS to investigate civil rights violations and report to the Congress like the Office of the Inspector General for the DOJ.
  11. Urges Congress to increase the funding of the Office of the Inspector General in both the DOJ and DHS so that they can fully investigate complaints in both the DOJ and the DHS.

Urges Congress to make sure that the DOJ and DHS promptly and fully respond to and implement the recommendations from their Inspector Generals.

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