City of El Paso, Texas Agenda Item Agenda Summary Form

CITY OF EL PASO, TEXAS AGENDA ITEM AGENDA SUMMARY FORM

DEPARTMENT: Mayor and Council

AGENDA DATE: May 28, 2019

CONTACT PERSON NAME AND PHONE NUMBER: Representative Alexsandra Annello 212-0002 Representative Peter Svarzbein 212-0001

DISTRICT(S) AFFECTED: All

STRATEGIC GOAL: Goal 2 – Set the Standard for a Safe and Secure City Goal 8 - Nurture and Promote a Healthy, Sustainable Community

SUBJECT: APPROVE a resolution / ordinance / lease to do what? OR AUTHORIZE the City Manager to do what? Be descriptive of what we want Council to approve. Include $ amount if applicable. Discussion and action to approve a resolution to call for the current administration to put an end to the current implementation of the Migrant Protection Protocols.

BACKGROUND / DISCUSSION: Discussion of the what, why, where, when, and how to enable Council to have reasonably complete description of the contemplated action. This should include attachment of bid tabulation, or ordinance or resolution if appropriate. What are the benefits to the City of this action? What are the citizen concerns? That the City support the humane treatment of the migrants arriving to our border community.

PRIOR COUNCIL ACTION: Has the Council previously considered this item or a closely related one? N/A

AMOUNT AND SOURCE OF FUNDING: How will this item be funded? Has the item been budgeted? If so, identify funding source by account numbers and description of account. Does it require a budget transfer? N/A

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*******************REQUIRED AUTHORIZATION********************

RESOLUTION

WHEREAS, the City of El Paso is home to a vibrant and culturally diverse people who everyday demonstrate the virtues of hard work, sacrifice, cooperation, charity and mutual respect; and

WHEREAS, our border community bears witness to historic migrations of people from every direction and every race who have enriched our community with new gifts, hope, and inspiring commitment to our democratic traditions; and

WHEREAS, our border community is disproportionately impacted by the inability of the federal govemment to mount an appropriate humanitarian response to current border realities; and

WHEREAS, individuals seeking asylum have a legal right under United Sates law to seek asylum no matter how they enter the United States, as codified by the Immigration and Nationality Act in 8 U.S. Code section I I58 and upheld by U.S. circuit courts of appeal and the Supreme Court; and

WHEREAS, the policy known as Migrant Protection Protocols (MPP) or "Remain in Mexico", obligates many migrants to remain in Mexico while awaiting their immigration court proceedings; and

WHEREAS, along the border "Remain in Mexico" has already tbrced thousands of migrants to retum to Mexico, including more than 2.000 who have been retumed to our sister city of Ciudad Ju arez; and

WHEREAS, post-World-War II, the United Nations established modem refugee laws aimed at preventing the tragedies of the past; and

WHEREAS, Article 33 of the l95l tIN Convention Relating to rhe Status of Refugees and its 1967 Protocol establish the principle of "non-refoulement" stating, "no Contracting State shall expel or retum a refugee in any mattff whatsoever to the frontiers of territories where his life or fieedom would be threatened on account of his race, religion, nationality, membership ofa particular social group or political opinion;" and

WHEREAS, "Remain in Mexico" has resulted in migrants, including families with children, being retumed to Mexico in violation of the United States' non-refoulement obligations; and

WHEREAS, "Remain in Mexico" impedes due process to those migrants who have been retumed to Ciudad Juarez by significantly complicating access to legal counsel, including difficulties communicating with attorneys across the border who are impeded by increasing bridge wait times, unreliable access to telecommunication, and migrants' lack offixed addresses; and

19-1006-1143/898889_2/ MPP Resolution WHEREAS, asylum cases are a lengthy process, which can last years, and the generous humanitarian efforts of the many shelters and community organizations in our sister-city of Ciudad Juarez are now overwhelmed by the needs of a growing long-term mi$ant populationi and

WHEREAS, on April 4,2019, Congresswoman Veronica Escobar submitted language to the Fiscal Year 2020 Homeland Security Appropriation bill to defund the Migrant Protection Protocols; and

WHEREAS, on April 9, 2019, Congresswoman Veronica Escobar testified before the House Homeland Security Appropriation Subcommittee on her request to defund the Migrant Protection Protocols: and

WHEREAS, on May 10, 2019, Congresswoman Veronica Escobar introduced H.R. 2662, the Asylum Seeker Protection Act, aimed at defunding the Migrant Protection Protocols; and

WHEREAS, H.R. 2662 is cosponsored by 29 members of Congress, including four members who represent the southem border; and

WHEREAS, H.R. 2662 is suppo(ed by Amnesty International, American Civil Liberties Union (ACLU), the Hope Border Institute, Kids in Need of Defense (KIND), the Southem Border Communities Coalition, the Latin America Working Croup (LAWG), and the Washington Office on Latin America (WOLA).

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City of El Paso supports H.R. 2662, the Asylum Seeker Protection Act, and aims to support and assist with the ongoing Humanitarian issue both in El Paso & Juarez in the spirit of our Sister Cities agreement with Ciudad Juarez; and

Let it also be known that we. the City of El Paso implore our federal govemment and members of all political parties to set aside whatever differences they have and come together to address the issues the we are being forced to deal with on both sides of our beloved border community.

APPROVED THIS _ DAY OF . 2019.

CIT\'OF EL PASO, TEXAS

Dee Margo Mayor

19-1006-1.143/898889_2/ MPP Resolution ATTEST:

Laura D. Prine City Clerk

APPROVED AS TO FORNI:

Ana Schumacher Assistant City Attorney

1.9-1006-1143/898889_2/ MPP Resolution RESOLUTION

WHEREAS, the City of El Paso is home to a vibrant and culturally diverse people who everyday demonstrate the virtues of hard work, sacrifice, cooperation, charity and mutual respect; and

WHEREAS, our border community is disproportionately impacted by the inability of the federal government to mount an appropriate humanitarian response to current border realities; and

WHEREAS, individuals seeking asylum have a legal right under United Sates law to seek asylum no matter how they enter the United States, as codified by the Immigration and Nationality Act in 8 U.S . Code section 1158 and upheld by U.S. circuit courts of appeal and the Supreme Court; and

WHEREAS, the policy known as Migrant Protection Protocols (MPP) or "Remain in Mexico", obligates many migrants to remain in Mexico while awaiting their immigration court proceedings; and

WHEREAS, along the border "Remain in Mexico" has already forced thousands of migrants to return to Mexico, including more than 6,000 who have been returned to our sister city of Ciudad Juarez; and

WHEREAS, post-World-War II, the United Nations established modern refugee laws aimed at preventing the tragedies of the past; and

WHEREAS, Article 33 of the 1951 UN Convention Relating to the Status of Refugees and its 1967 Protocol establish the principle of "non-refoulement" stating, "no Contracting State shall expel or return a refugee in any matter whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion;" and

WHEREAS, "Remain in Mexico" has resulted in migrants, including families with children, being returned to Mexico in violation of the United States' non-refoulement obligations; and

WHEREAS, "Remain in Mexico" impedes due process to those migrants who have been returned to Ciudad Juarez by significantly complicating access to legal counsel, including difficulties communicating with attorneys across the border who are impeded by increasing bridge wait times, unreliable access to telecommunication, and migrants' lack of fixed addresses; and

19-1006-1143/89888 9 4/ MPP Resolution. l .

WHEREAS, asylum cases are a lengthy process, which can last years, and the generous humanitarian efforts of the many shelters and community organizations in our sister-city of Ciudad Juarez are now overwhelmed by the needs of a growing long-term migrant population; and

WHEREAS, on April 4, 2019, Congresswoman Veronica Escobar submitted language to the Fiscal Year 2020 Homeland Security Appropriation bill to de-fund the Migrant Protection Protocols; and

WHEREAS, on April 9, 20 19, Congresswoman Veronica Escobar testified before the House Homeland Security Appropriation Subcommittee on her request to de-fund the Migrant Protection Protocols; and

WHEREAS, on May 10, 2019, Congresswoman Veronica Escobar introduced H.R. 2662, the Asylum Seeker Protection Act, aimed at de-funding the Migrant Protection Protocols; and

WHEREAS, H.R. 2662 is cosponsored by 29 members of Congress, including four members who represent the southern border; and

WHEREAS, H.R. 2662 is supported by Amnesty International, American Civil Liberties Union (ACLU), the Hope Border Institute, Kids in Need of Defense (KIND), the Southern Border Communities Coalition, the Latin America Working Group (LAWG), and the Washington Office on Latin America (WOLA).

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City of El Paso denounces the policy known as the Migrant Protection Protocols; and

That the City of El Paso calls for the current federal administration to put an end to the implementation of the Migrant Protection Protocols, known as the "Remain in Mexico," policy, ensure the safety of the migrants arriving to our border community, and work for a just and humanitarian response to current border realities; and

Let it also be known that we, the City of El Paso implore our federal government and members of all political parties to set aside whatever differences they have and come together to address the issues the we are being forced to deal with on both sides of our beloved border community.

19-1006-1143/898889 4/ MPP Resolution. APPROVED THIS DAY OF ----, 2019.

CITY OF EL PASO, TEXAS

Dee Margo Mayor ATTEST:

Laura D. Prine City Clerk

APPROVED AS TO FORM:

Ana Schumacher Assistant City Attorney

19-1006-1143/898889 4/ MPP Resolution.