VISTA — A Vista City Council majority voted on Tuesday to develop a resolution outlining city measures to support residents’ due process rights amidst increased immigration enforcement operations, with the city’s mayor and several residents criticizing the effort as an attempt to make Vista a sanctuary city.
Councilmembers Corinna Contreras, Katie Melendez and Dan O’Donnell approved a motion in a 3-2 vote, with Mayor John Franklin and Councilmember Jeff Fox opposed, directing staff to create a resolution with commitments from the city to take the following steps:
- Share “Know Your Rights” information on the city’s webpage,
- Posting signage prohibiting federal law enforcement from conducting immigration enforcement in non-public areas of city-owned or city-controlled property without a judicial warrant,
- Include a clause in city contracts prohibiting contractors from disclosing sensitive, personal, or non-public information to federal immigration enforcement agencies, unless otherwise required by state or federal law, and
- Prohibit the city from directly or indirectly sharing sensitive or personal information with immigrant enforcement agencies, unless otherwise required by state or federal law.
Contreras brought forward the item in response to increased Immigration and Customs Enforcement activity that has escalated under the Trump administration. Many community members and legal experts are concerned about recent conduct by immigration agencies, including detaining people without a signed judicial warrant, while in court for immigration hearings, and near schools and in front of children, as well as federal agents concealing their identities.
While the administration has said its focus is on deporting undocumented violent criminals, many of the individuals who have been targeted have no criminal record, and in some cases, are U.S. citizens or holders of green cards or visas.
“We’re seeing right now, unfortunately, that regardless of your immigration status, whether you are a citizen or not, folks’ rights are being violated. And it is incredibly important that our community, every single one of us, understands what our rights are,” Contreras said.
More than 80 people spoke during the public comment period, which spanned several hours, with comments split fairly evenly between those in support and those in opposition. The meeting went past midnight.
Those in support said the resolution would show that Vista recognizes people’s rights under the law. Some noted that other cities, including Oceanside, Escondido, Encinitas, and Solana Beach, have spoken out in support of their residents and identified areas where they can support the immigrant community.
“By passing this policy, you will ensure that Vista is a welcoming place where immigrants do not have to live in fear and have the right to due process and receive dignity and respect,” said resident Luz Rodina.
The majority of people who spoke in opposition to the resolution claimed that it was a sanctuary city policy, and shared concerns about it drawing criminals to Vista, protecting criminals from being arrested or deported, and inhibiting law enforcement from doing their job.
“I honestly believe that sanctuary cities are dangerous. They open the door to actual criminal behavior,” said resident James Leon.
Franklin also characterized the item as a sanctuary city policy in an interview on KUSI before the meeting, and encouraged residents to come and share their opposition.
“It says here on page five of six that Councilmember Contreras wants to nail a sign to the front door of City Hall that says that federal law enforcement agents are not welcome here. Now, if that’s not a sanctuary city policy, I double-dog-dare you to tell me what is. Do not tell me this is not a sanctuary policy,” Franklin said at the meeting.
Contreras refuted this characterization at the beginning of the council discussion and said the people who came to the meeting to talk about sanctuary cities were in the wrong place.
Several residents criticized Franklin for spreading misinformation about the resolution and questioned why he would oppose people being informed of their constitutional rights.
“The signage will not deter a federal agent who has a valid warrant from entering the building, but it will inform those federal agents that the people under that roof are educated on their rights as protected by the United States Constitution. You also say that it’s disrespectful; sir, with all due respect, ripping families apart is much more disrespectful than reminding an ICE agent of our Fourth Amendment rights to proper warrants in order to conduct searches and seizures,” said resident Alondra Alvarez.
Other residents criticized Contreras for bringing forward the item, claiming that she was “anti-American” and creating unnecessary fear in the community.
“To me it’s just fearmongering the immigrants of Vista, that ICE is coming to get you,” said resident Allen Crestik. “It’s for political gain, that’s what I see.”
Several residents, however, noted that the fear is very real. Earlier this month, the U.S. Supreme Court issued a ruling allowing ICE agents to stop and question people based solely on factors such as their race.
Many spoke about the personal impacts they are experiencing from increased ICE enforcement, and said they fear being targeted for their race or for speaking Spanish.
Deacon Jose Luis Maldonado of St. Francis of Assisi Church in Vista, who spoke in support of the resolution, said that he carries his passport in case he needs to prove his citizenship.
“You know, I feel so unsafe now. I have to carry my passport with me because if they see me, that I’m a brownie, sometimes they don’t even check your documents,” he said.
California is already considered a sanctuary state, as the 2017 passing of Senate Bill 54 prohibits local law enforcement from assisting federal immigration enforcement except under limited circumstances.
O’Donnell said the resolution would primarily reinforce the laws that the city already follows, emphasizing that the city believes in everyone’s right to due process.
“When people are getting ripped off the streets without a warrant, without due process, and without a reasonable reason for searching, they’re not getting a right to due process,” he said.
City Attorney Walter Chung also confirmed, when asked by Contreras, that none of the statements in the resolution would prevent immigration officials from carrying out their duties in a legal manner.
Councilmember Fox questioned whether the resolution would do more harm than good, as it could just call more attention to the city from the federal government and result in more targeted enforcement.
Fox noted that Vista was included on a list of sanctuary cities issued by the Department of Justice earlier this year, although the city has since been removed.
“We do follow all of the SB 54 rules and so do our sheriffs, and so the things that might be effective in here are already state law,” Fox said. “Overall, I think that there is a need for reform. I think that there is a need to protect our community and protect people and ensure that 100% of their rights are being followed. But I see things that would not necessarily do a whole lot of good, but could potentially do some harm in this.”
Other residents also shared concerns that the resolution could be a form of overreach, and shared concerns about the city drawing the ire of the federal government.
“Forcing contractors to refuse cooperation with federal agents and requiring the city to withhold data on individuals’ immigration status could put Vista in direct conflict with federal law, making it unenforceable virtue signaling for political reasons,” said resident Thomas Moore.
While many people said the resolution would make residents feel more welcome and protected in the city, others said there are some undocumented people who commit crimes that need to be deported.
“There are some people that cross the border illegally that are criminals or who commit crimes once they’re here,” said resident Jana Madrid. “It is truly unfortunate that other good people will be arrested at the same time, yet, they knew they knew the consequences of crossing the border illegally.”
Councilmember Melendez said she is concerned about the morality of federal immigration practices and stated that the council has a duty to stand up for its residents.
“Instead of catering to authoritarianism, we should do as our own oath states, which is to defend our constitution and protect our residents against unlawful detainment, racial profiling, and human rights violations. I believe this resolution does just that,” Melendez said.
