Matters ▸ Attachment
Resolution Regarding 4th Amendment Rights of Employers — File 26-0245
Resolution Regarding 4th Amendment Rights of Employers
WHEREAS:
The City of Somerville has historically pursued equity and safety for all
residents; and
WHEREAS:
The 4th Amendment to the Constitution of the United States guarantees a
right against unreasonable searches and seizures, including warrantless
searches or searches by means of warrants issued without probable cause;
and
WHEREAS:
Federal law enforcement agencies, including Immigration and Customs
Enforcement, have recently engaged in a pattern of unconstitutional,
warrantless workplace searches which have disrupted small businesses,
dining establishments, construction sites, factories, transit hubs and courts
in many cities; and
WHEREAS:
The threat of unconstitutional seizure by federal law enforcement officers
is preventing a growing number of households from safely engaging in
public life, including pursuing education, healthcare, and employment; and
WHEREAS:
Families and individuals who are black, indigenous, Hispanic and people of
color with citizenship or legal status are also being unconstitutionally
targeted, harassed, and arrested by federal law enforcement officers under
the guise of immigration enforcement; and
WHEREAS:
These warrantless workplace raids are conducted in a discriminatory
fashion that harms lawfully present and authorized workers such as holders
of Temporary Protected Status (TPS). Despite having legal authorization to
work in the United States, these individuals are subjected to intimidation,
detention, and disruption based on their appearance or perceived
immigration status; and
WHEREAS:
The city can help to serve as an example for local businesses and can
advocate for the rights of all residents, and can discourage overreach by
federal law enforcement in our community, NOW, THEREFORE, BE IT
RESOLVED:
That the Somerville City Council requests that the City of Somerville affirm
its commitment and continue to uphold the Constitution of the United States
of America, inclusive of the 4th Amendment, and that the mayor work to
provide training to city staff to effectuate this; AND BE IT FURTHER
RESOLVED:
That the city provide information and resources on the 4th Amendment
rights of residents and local businesses; AND BE IT FURTHER
RESOLVED:
That the Somerville City Council encourages residents and employees of
local businesses to educate themselves and share information about their
4th Amendment rights; AND BE IT FURTHER
RESOLVED:
That the Somerville City Council encourages businesses to take steps to
protect the rights of employees against unlawful search and seizure,
including by posting signage on identified private spaces within the
business, and signage outside of the business acknowledging their rights,
the rights of their workers, and the rights of their patrons in accordance with
the Constitution of the United States of America.