Res 2017-136/Resolution form, the “City Council statement regarding Senate Bill 4 (SB4) and pending litigation about the bill,” previously approved by motion of the Council on August 15, 2017

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1. Many of you are aware that there is a lawsuit pending before United States District Judge Orlando Garcia that will resolve the constitutional issues that have been raised regarding SB 4. His ruling will apply state-wide to all cities, even those that have not intervened in the case... including San Marcos. 2. The City has been very careful about public statements regarding SB 4. The way the bill is written, official criticism of the bill could, in itself, be construed as a violation of SB 4. Unless such statement is revoked before September 1st, any policy statement,whether formal or informal, by an employee or elected official that is believed to "materially limit the enforcement of immigration laws" can result in that person's removal from office and subject them to thousands of dollars in civil penalties. 3. Cities across the state have also expressed concerns about the loss of state and federal grant funds by those communities that publicly denounce SB 4. The state and federal funds the City of San Marcos receives provide much-needed benefits for our community including H.U.D. DR funds to help us recover from the devastating floods in 2015, public safety grants to keep our community safe, along with many others. 4. Communities across Texas have also expressed concerns that public statements denouncing SB 4 or expressing unwillingness to cooperate with the U.S. immigration authorities could lead to increased ICE raids focused on individuals who are not suspected of committing any crime. The City Council has absorbed this information; we have listened and heard the comments our community members have made. We hope this information clarifies our concerns surrounding SB 4, and our concerns for the City of San Marcos and those who live here. In light of the information we have received from our legal counsel,the community and staff we believe the best way to move forward is to issue the following statement and direction. The San Marcos City Council hereby expresses concerns about the effects of SB 4 on our entire community and will initiate additional community outreach and education with our police and other city departments in order to maintain and improve trust and to ensure the health, mental health, safety, and welfare of ALL residents,their families and children, students of our community. The City Council believes that immigration is a federal government responsibility. SB 4 may impose an unfunded state mandate, and provisions in SB 4 may violate the United States Constitution. The City Council is directing the staff to monitor the pending litigation and let the decision of U.S. District Judge Orlando L. Garcia guide the city's future actions with regard to SB 4,while continuing to uphold our City's values of inclusion and partnership with our diverse community.The Council directs staff to explore programs that will deal with the range of issues,fears, and concerns arising from SB 4.