Berkeley declared itself a sanctuary city in 1971 for Vietnam War draft resisters and has expanded the policy ever since, prohibiting city employees and police from cooperating with federal immigration enforcement except as state law requires.
Berkeley was the first US city to adopt a sanctuary resolution, originally protecting Vietnam draft resisters, and broadened it during the 1985 Latin American refugee movement and again after federal immigration enforcement expansions in 2017. BMC Chapter 13.106 codifies the policy, barring use of city resources to investigate, detain, or transfer individuals based on immigration status. The Berkeley Police Department follows California Senate Bill 54, the TRUST Act, which generally prohibits state and local cooperation with federal civil immigration detainers. City employees may not ask about immigration status when delivering services or responding to crimes.
Employees who knowingly violate the policy face discipline up to termination, and the city retains civil remedies against contractors that breach sanctuary contract clauses.
See how other cities in Alameda County handle sanctuary policy preemption.
See how Berkeley's sanctuary policy preemption rules stack up against other locations.
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