Whittier City Council Approves Amended ICE Resolution After Legal Warning, Heated Debate, and Audience Disruptions
- Rebecca Canales
- 7 days ago
- 3 min read
Outside Legal Review Declares Ordinance Unconstitutional
The Whittier City Council meeting on Tuesday night erupted into a tense, hours-long debate over Councilmember Mary Pacheco’s proposed ordinance to limit cooperation with ICE.
The council had commissioned an outside law firm, Hensley Law Group, led by constitutional law professors, to evaluate the measure. Acting as outside counsel, the firm concluded the ordinance would be unconstitutional under the Supremacy Clause of the U.S. Constitution because it directly conflicts with federal immigration enforcement authority. They warned that if adopted, it would likely be struck down in court, citing Arizona v. United States (2012) and more recent U.S. Supreme Court cases as precedent.
Actions the City Could Lawfully Take
While rejecting the ordinance, the firm outlined several permissible actions, including:
Passing non-binding resolutions expressing policy positions
Offering humanitarian aid to impacted families
Assisting local businesses affected by immigration enforcement
Partnering with nonprofits to fund immigration legal procedures
Offering reduced passport fees for U.S. citizens and some lawful permanent residents (but not those without legal status)
Council Questions: Supremacy vs. Fourth Amendment
Mayor Joe Vinatieri, himself an attorney, pressed the firm on whether the Supremacy Clause could conflict with Fourth Amendment protections against unlawful search and seizure. The firm responded that the two constitutional provisions address different issues: the Fourth Amendment protects individuals from illegal searches, while the Supremacy Clause determines the hierarchy of laws.
The firm referenced a Los Angeles case where plaintiffs prevailed on Fourth Amendment claims, and noted that the U.S. Supreme Court will rule on an emergency order related to such issues in the coming weeks.
Audience Disruptions and Calls for Order
The discussion was repeatedly interrupted by loud audience reactions, including jeers and a comment that Whittier should “leave the U.S. and rejoin Mexico.”
Both Pacheco, a Mexican American from New Mexico, and Councilmember Fernando Dutra, himself an immigrant, were shouted over while speaking. Mayor Vinatieri eventually called a recess to restore order.
Pacheco’s Amendments
When the council reconvened, Pacheco proposed several amendments to her resolution:
Section 2 — Replace the ordinance provision with language prohibiting masks by immigration officers in Whittier and joining Los Angeles in suing the federal government over alleged constitutional violations.
Section 2.3 — Increase humanitarian aid funding to $100,000 for local families affected by immigration enforcement (up from $30,000 already approved).
Section 5 — Add assistance for people going through the immigration process.
Require staff reports at each monthly council meeting on any items directing staff action, to counter rumors and ensure transparency.
The humanitarian aid amount was reduced from a proposed $130,000 to $100,000 after Warner objected. This passed 4–1.
Legal Aid Funding Debate
Pacheco proposed $50,000 for legal aid organizations assisting with immigration processing fees. Warner opposed new funding, suggesting workshops instead. Dutra supported targeted funding, naming Catholic Charities as an effective provider.
Ultimately, the council voted 4–1 to approve funding, with the stipulation that it only support Whittier residents and be subject to oversight.
Failed Mask/ID Ordinance Attempt
Pacheco moved to include an ordinance banning masks and requiring visible identification for immigration enforcement officers, along with joining Los Angeles’s lawsuit. The motion died for lack of a second.
Pacheco acknowledged it would likely be struck down as unconstitutional but argued it would send a strong statement.
Transparency Amendment Passes
The council approved monthly reporting on certain resolution items, replacing Pacheco’s request for weekly staff reports. Vote: 3–2.
Dutra’s Proposals
Dutra proposed:
Supporting legislation to make impersonating law enforcement a felony (passed unanimously)
Limiting sharing of license plate reader data outside the Whittier Police Department (passed unanimously)
Monthly updates from state and federal legislators (passed unanimously)
Advocating for free state and county services for undocumented residents (approved)
Warner’s Suggestion
Warner suggested expediting services for people seeking U.S. citizenship and drafting a letter to relevant agencies. This was not voted on tonight.
Vinatieri’s Proposal
Vinatieri proposed adding language urging Congress to pass comprehensive immigration reform and provide a pathway to citizenship.
This passed unanimously, with Pacheco supporting for different reasons — emphasizing that constitutional rights apply to all persons in the U.S., regardless of legal status. (Note: Some rights apply to all persons, while others apply only to U.S. citizens.)
Final Vote
On the final resolution, Warner abstained from provisions 3 and 5; Pacheco abstained from 2.1. Vote: Resolution passes 5–0 with abstentions recorded.
Next Steps
The amended resolution remains symbolic rather than binding law. Funding allocations, legal aid support, and legislative advocacy will proceed, but the proposed mask/ID ordinance did not advance.

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