November 21, 2003
Dear
[cc list]
The
Los Angeles Police Department (LAPD), under a directive by the Los Angeles City
Council, issued "Special Order 40" on November 27, 1979. The Order
prohibits LAPD cooperation with Federal immigration authorities, and prohibits
officers from arresting someone for being in the United States illegally.
Please
be advised that Friends of Immigration Law Enforcement (FILE) has determined,
as explained by the
enclosed document, that Special Order 40:
·
violates
Federal law,
·
infringes
on Congress' constitutional prerogatives, and
·
exposes
the City of Los Angeles to civil liability.
To
remedy: the Mayor, City Council, and/or Chief of Police should rescind any and
all sanctuary policies, de facto or de jure, and establish
appropriate mechanisms whereby city employees may report violations of
immigration laws to the proper authorities, or, in the case of law enforcement
officers, enforce immigration laws as they would other Federal laws (e.g., drug
laws).
Please
be further advised that, in the event the City of Los Angeles fails to bring
itself into compliance with Federal law and rescind Special Order 40, and, in
the event a legal U.S. resident or U.S. citizen suffers harm as a consequence
of the City's failure to comply with U.S. law, FILE will, if asked, assist such
victim in a tort claim against the City.
Sincerely,
Craig
Nelsen, director
Friends
of Immigration Law Enforcement
202
543 2323
[encl]
[cc]
[cc: see reverse]
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
Rocky Delgadillo
Los Angeles City Attorney
Los Angeles City Hall
200 N. Main Street, Rm 1800
Los Angeles, CA 90012
Mayor James Hahn
Los Angeles City Hall
200 N Spring Street
Los Angeles, CA 90012
California Department of Justice
Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550
William Bratton
L.A. Chief of Police
Los Angeles Police Department
POB 30158
Los Angeles, CA 90030
U.S. Dept of Justice
Los Angeles Press Office
11000 Wilshire Blvd, Suite 1700
Los Angeles, California 90024
Steve Cooley
L.A. County District Attorney
210 West Temple Street, Suit5e 18000
Los Angeles, CA 90012-3210
Jan Maurizi
L.A. County Deputy District Attorney
210 West Temple Street, Suite 18000
Los Angeles, CA 90012-3210
Lee Baca
L.A. County Sheriff
L.A. Sheriff's Department
4700 E. Ramona Blvd
Monterey Park, CA 91754
Los Angeles City Council members:
Ed Reyes
Wendy Geuel
Alex Padilla
Bernard Parks
Dennis Zine
Tom LaBonge
Jack Weiss
Cindy Miscikowski
Greig Smith
Eric Garcetti
Antonio Villaraigosa
Janice Hahn
Tony Cardenas
Jan Perry
Martin Ludlow
L.A. County Supervisors:
Don Knabe
Gloria Molina
Michael Antonovich
Yvonne Brathwaite Burke
Zev Yaroslavsky
Los Angeles Times
202 W. 1st St.
Los Angeles, CA 90012
Los Angeles Daily News
P.O. Box 4200
Woodland Hills, CA 91365