Although city officials say Irvine can no longer formally join a federal lawsuit challenging federal agents’ warrantless detentions and raids, a divided City Council is moving forward with plans to show support to the legal challenge.
On Tuesday, Aug. 12, the council voted 4-3 in a closed session to direct staff to draft an amicus brief supporting the lawsuit. An amicus brief is a legal document filed by someone not involved in a case who wants to give the court extra information or perspective.
The brief will return to a future council meeting for review before any further action. Councilmember James Mai said City Attorney Jeff Melching confirmed that the plaintiffs are no longer accepting any new cities, so filing an amicus brief is Irvine’s only way to show support.
“Our City Attorney has confirmed they are not seeking or accepting additional cities,” Mai said in a statement.
Mai and Councilmembers Mike Carroll and William Go voted against the measure.
Mai said while he understands the motivation behind the proposal, he “cannot support any action that places our city in opposition to our own government or federal agencies.”
“Irvine receives over $6 million annually in federal aid and grants that support public safety, infrastructure and community programs. Risking that funding for a gesture without tangible benefit is simply irresponsible,” Mai said.
He added that preparing an amicus brief would cost taxpayers tens of thousands of dollars for a measure that is essentially symbolic.
Councilwoman Betty Martinez Franco had asked her colleagues to consider joining the lawsuit in a memo ahead of the meeting. She wrote that Irvine, the state’s 13th largest city, “has a responsibility to lead by example and demonstrate that we protect and respect the rights of all who call our city home.”
“Late last month, federal agents carried out indiscriminate enforcement actions inside our city, sparking alarm among residents, business owners, and community organizations. Reports indicate that these operations have relied on unconstitutional tactics,” Martinez Franco wrote in her memo.
She added: “Supporting this legal challenge aligns with our city’s values and reinforces our commitment to community safety, legal integrity, and human dignity.”
The lawsuit, filed by the American Civil Liberties Union and other immigrant rights groups on behalf of five people arrested in Los Angeles County, alleges federal immigration officers have used excessive force and racial profiling during warrantless arrests. Department of Homeland Security officials have denied the allegations, saying federal agents do not conduct operations without proper procedure.
Mai said that while immigration enforcement elsewhere has been controversial, Irvine “has not faced these challenges in the same way.”
“For decades, ICE’s local efforts have focused on serious criminal activities, dismantling prostitution rings, shutting down illegal ‘birthing houses,’ and addressing other targeted threats that endanger our community,” he said. “This precise enforcement enhances safety and stands in clear contrast to blanket operations.”
Several cities have joined the legal challenge, including Anaheim, Santa Ana, Los Angeles, Long Beach, Pasadena, Santa Monica, West Hollywood, Culver City, Montebello, Monterey Park and Pico Rivera.
Last month, a temporary restraining order was issued preventing immigration agents from detaining people based solely on race, ethnicity, accent, or being at certain locations, including bus stops and car washes. On Aug. 1, the Ninth Circuit Court of Appeals denied the federal government’s request to block the order.