Union City, California
City/Town: Union City
County: Alameda
State:
California
Congressional District: (click to contact Rep.) 13
Population (2000 Census): 66,869
Date Passed: 03/11/03
Resolution of the City Council of the City of Union City Regarding the USA PATRIOT Act
Approved by: Union City City Council
Whereas, the City Council of Union City supports the Constitution of the United States, opposes terrorism, and supports our troops wherever they are stationed in the world; and
Whereas, the American people suffered a great tragedy on September 11, 2001, and in connection with the tragedy, Arab-Americans, Muslims, and South Asian people residing in the United States have experienced discrimination in various forms including unlawful detention at airports and on the public streets, and harassment on the playground and in the work place including discharge from employment; and
Whereas, in response to the September 11 tragedy and the public outcry for action, the U.S. Congress hastily adopted the USA PATRIOT Act without committee hearings or otherwise normal deliberation, and which degrades American freedoms in many ways by invading the privacy of United States residence, including electronic eavesdropping, and by search of homes, records of educational institutions, libraries, and businesses without knowledge or the presence of the property owners and without probable cause; (so called “sneak and peak” or “black bag” searches”); and
Whereas, under 1996 amendments to the Immigration and Nationality Act, immigrants may be tried based on secret evidence that they are not permitted to see or know of; and
Whereas, racial profiling is a pernicious form of discrimination and yet the Federal Bureau of Investigation, the United States Attorney General and local law enforcement have used the national origin of Arab, Muslim, and South Asians as the sole marker for investigation and interrogations of thousands of individuals by law enforcement officials; and
Whereas, many law enforcement agencies have courageously declined to assist the Federal Bureau of Investigation and the U.S. Attorney General in the unlawful questioning of Arab, Muslim and South Asian appearing residents; and
Whereas, two American citizens are being held incommunicado in violation of due process in the U.S., and the U.S. is indefinitely incarcerating many persons on Guantanamo Naval Base in violation of the Geneva Conventions as declared by the Red Cross, Amnesty International and other human rights organizations; and
Whereas, federal law enforcement agencies arrested 1500 unidentified American residents following September 11, 2001 and held them incommunicado in secret jails, denied them legal counsel and access to their families and have not charged most of them with any crime; and
Whereas, a seminal principle of American library is citizen action in defense of the United States Constitution and recognition that failure to protect our freedoms will result in erosion of our civil rights; and
Whereas, the USA PATRIOT Act has increased the powers and intelligence gathering capabilities of law enforcement agencies far beyond the previous federal laws attacking Constitutional rights such as the Anti-terrorism Act of 1996 and the Alien and Sedition Acts of 1798, which targeted aliens and First Amendment rights, to the extend that the PATRIOT Act infringes on First, Fourth, and Sixth Amendment constitutional rights and the civil rights of citizens and non-citizens of Union City, and particularly affects resident of Arab, Muslim, and South Asian backgrounds; and
Whereas, thirty years ago, California voters overwhelmingly adopted a Constitutional right to privacy to protect against a “proliferation of government snooping and data collecting [that] is threatening to destroy our traditional freedoms”; and
Whereas, the City of Union City has long supported equal opportunity policies and protection of the civil rights of all persons;
THEREFORE BE IT RESOLVED that the City Council of the City of Union City:
1. Declares its support for the Arab, Muslim, and South Asian Community and all Americans who have declared their opposition to the USA PATRIOT Act.
2. Requests President Bush and Congress to take all necessary action to repeal the USA PATRIOT Act and the secret evidence provision of the Immigration and Nationality Act
3. Requests President Bush and the United States Attorney General Ashcroft to prompt identify every detainee in the United every detainee in the United States and abroad and allow all detainees access to legal counsel, and either charge each detainee with a crime or release them from custody and return them to their families.
4. Directs each Department of the City of Union City to review its policies in answering requests for assistance by any federal agency investigating or enforcing under provisions of the USA PATRIOT Act (Public Law 107-56), records of borrowed books and other materials, private financial records, medical, and, educational, other personal records, as applicable, may be obtained by federal agents.
BE IT FURTHER RESOLVED that a letter and copy of this resolution be sent to President Bush, U.S. Attorney General Ashcroft, Senators Dianne Fienstein and Barbara Boxer and Congressional Representative Pete Stark and request them to take all necessary action to repeal the USA PATRIOT Act and Secret Evidence.
Community Group / Coalition: South Alameda County Peace and Justice Coalition