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1. Why doesn’t the Tustin City Council declare its opposition to SB 54?

The Tustin City Council has already declared its unanimous opposition to Senate Bill (SB) 54, in a 2017 public meeting of the Council, and in a public letter sent to the State Legislature.

2. Is the City’s letter opposing SB 54 being kept secret?

No, the letter is and always has been shared publicly, and the public can view the City Letter here (PDF).

3. Is the City of Tustin a “sanctuary city”?

No. The Tustin City Council has never declared Tustin to be a sanctuary city.

4. Has SB 54 had any practical impact on the ways in which the Tustin Police Department protects the residents and businesses in the City?

No.

5. Doesn’t SB 54 affect who the Tustin Police Department notifies when it releases inmates from jail?

Orange County Sheriff

Tustin doesn’t operate a jail and is not involved in the process of releasing inmates from jail. The Tustin Police Department books inmates into the County jail system operated by Orange County Sheriff. The Orange County Sheriff, in turn, publishes on the Internet the information on all inmates who are scheduled to be released, regardless of their immigration status. 

Federal Officials

Federal officials have full access to that public information online.

6. Does Tustin coordinate with Federal authorities (including immigration authorities) about gangs, murderers, rapists and other serious felons?

Yes, Senate Bill (SB) 54 does not prevent coordination with Federal immigration or other law enforcement authorities about gangs or others convicted of murder, rape or other serious felonies. Tustin Police officers continue to communicate with all relevant Federal agencies in the same manner they always have to protect the public, and the Tustin Police Department will continue to participate in coordinated law enforcement raids cracking down on gangs and other felons even if legal or illegal immigrants may be involved.

7. If Tustin doesn’t declare its opposition to SB 54, will law-breaking immigrants flock to Tustin?

Tustin has declared its opposition to Senate Bill (SB) 54, and Tustin continues to enforce the laws protecting its residents and businesses in the same manner it did before SB 54 was adopted. Individuals who break the law and endanger the public, whether they are immigrants or not, will find no sanctuary in Tustin.

8. Does the Tustin City Council support the United States Constitution?

Absolutely! Each Council member supports the U.S. Constitution and has sworn the following oath as required by California law:

I, ___________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of  California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

9. Doesn’t that oath mean the City must fight every State law that may be preempted by the Federal Constitution or Federal law?

No, the Tustin City Council has already unanimously declared its opposition to Senate Bill (SB) 54 in a public meeting and in writing, and supporting and defending the Constitution does not require the City to go further by spending Tustin’s limited taxpayer dollars on litigation whenever a State law may be inconsistent with a Federal law. Must cities expend limited public resources fighting the legalization of cannabis in California, for instance, simply because that law may be inconsistent with Federal law? No.

SB 54 is already being aggressively challenged in Federal Court in Fresno by the Federal Government and other well-funded organizations. As explained above, SB 54 does not affect how Tustin’s Police Department goes about protecting the public and enforcing the law in Tustin, and Tustin prefers to invest its law enforcement funds and resources here at home in support of that continuing commitment to public safety.