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Elected Officials Pressure Whittier Council to Sidestep Legal Process on ICE Issue

In a striking escalation, LA County Supervisor Janice Hahn, State Assemblymember Lisa Calderon, and U.S. Representative Linda Sánchez have issued a joint condemnation of the Whittier City Council for choosing to study the legal implications of ICE operations in the city instead of immediately passing a proposed ordinance authored by Councilmember Mary Ann Pacheco.

The ordinance, which Pacheco revealed during the July 8 City Council meeting, would attempt to ban federal officers from wearing masks in the city and require them to wear identification—a measure that many legal analysts view as unenforceable under constitutional law, specifically the Supremacy Clause and the U.S. Supreme Court precedent in McCulloch v. Maryland (1819), which prohibits state or local interference with federal agents.


Pressure to Act Outside the Rule of Law

From a legal and procedural standpoint, what these state and federal officials are now demanding is, in the words of this editor, "literally outside the rule of law." They are pressuring Whittier to:

  • Skip its standard legislative process (which includes legal review, public safety consultation, and public hearings),

  • Bypass input from the City Attorney and Whittier Police Department, and

  • Cancel any plans for community input, including a proposed town hall.

This request challenges not only Whittier’s democratic process but also the very structure of American constitutional law that prohibits municipalities from attempting to regulate federal agencies.


Community Perspective: Minority vs. Majority

Contrary to the vocal demands of a small group of activists and political allies, recent data paints a clearer picture of where the Whittier community stands.

According to a Whittier 360 community poll, only 15% of residents supported skipping ordinary legislative procedures or attempting to claim authority the city does not have under federal law. The overwhelming majority indicated support for:

  • A measured and legal approach to the ICE issue,

  • A public process that includes all stakeholders—residents, the PD, legal counsel, and civic leadership,

  • Avoiding legal overreach that could expose the city to lawsuits or federal retaliation.


City Council’s Response

Councilmember Fernando Dutra initiated the conversation during council comments by calling for a study session or public hearing to examine the city’s options in a legally defensible way. This drew opposition from Pacheco, who instead demanded immediate passage of her ordinance.

Mayor Joe Vinatieri intervened to clarify that any ordinance must go through the proper legal channels, including input from city staff, the City Attorney, and the Police Department. A motion was passed 4–1, with Pacheco voting no, to direct staff to research what the city can legally do and present findings by the August 12 meeting.


Final Thoughts

The pressure campaign by Hahn, Calderon, and Sánchez may energize a vocal activist base, but it appears disconnected from both the legal framework and the will of the broader Whittier community. The majority of the City Council, to their credit, is proceeding cautiously and lawfully—showing respect for the Constitution, due process, and the city’s actual authority.

Whittier 360 will continue monitoring this issue as it develops and will provide updates leading up to the August 12 meeting.



 
 
 

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