The San Diego County Sheriff announced Tuesday that she will not follow the county’s new resolution prohibiting cooperation with ICE, saying in a statement that the Board of Supervisors “does not set policy for the Sheriff’s Office” and that she will continue to follow the less extreme state law.
Earlier Tuesday, the San Diego County Board of Supervisors voted 3-1 to pass a resolution preventing the use of its resources and funding to assist federal immigration agents with deportations, even in cases involving serious crimes like rape and drug trafficking.
“Immigration enforcement is a federal responsibility, and our county will not be a tool for policies that hurt our residents,” said County Chairwoman Nora Vargas (D).
Republican Jim Desmond, the lone vote against the resolution, said the new policy makes San Diego County a “super sanctuary county” and is “an affront to every law-abiding citizen.”
“This reckless measure not only goes far beyond California’s already extreme sanctuary state laws, but actively endangers our communities by shielding illegal immigrant criminals from deportation,” Desmond said. “Consider this: under this policy, law enforcement is prohibited from notifying ICE about individuals, in custody, who have committed violent and heinous crimes, including rape and stalking, assault and battery, burglary, child abuse and more.”
Sheriff Kelly A. Martinez said in a press release that “there is no loophole in the state statute” preventing law enforcement from notifying ICE about release dates for criminal illegal immigrants.
“State law allows for the Sheriff’s Office to share release dates for individuals who are in Sheriff’s custody only if they have qualifying convictions for specific serious, violent, or sex crimes,” Martinez said. “Government Code 7282.5 gives the authority for law enforcement to cooperate with immigration authorities, as prescribed. This includes the ability to provide information on individuals who have certain convictions which include but are not limited to sexual abuse, child abuse, battery, assault, possession, sale, distribution, manufacture or trafficking of controlled substances.”
The resolution, introduced by Chairwoman Vargas, says in part, that San Diego County:
“Shall not provide assistance or cooperation to ICE in its civil immigration enforcement efforts including by giving ICE agents access to individuals or allowing them to use County facilities for investigative interviews or other purposes, expending County time or resources responding to ICE inquiries or communicating with ICE regarding individuals’ incarceration status or release dates, or otherwise participating in any civil immigration enforcement activities.”
According to Vargas, California’s sanctuary state law (SB54) didn’t go far enough to protect “tamale vendors” and “domestic violence survivors from deportation. The new measure will restrict use of the county’s jails, buildings and personnel to help agents with federal immigration enforcement.
“While the California Values Act significantly expanded protection from deportation to California residents, it fell short of protecting all residents because it allowed agencies to still notify ICE of release dates and transfers individuals to ICE without a warrant in some circumstances,” Vargas stated.
“This loophole has allowed the transfer of some individuals to ICE and notifications to ICE of release dates, leading to the deportation of our community members and the separation of families in our region, the chairwoman said. “By avoiding active cooperation with ICE, including through specific notification to ICE of the release dates of immigrants, the County avoids treating a group of individuals differently solely on the basis of their immigration status.”
Vargas added: “San Diego County has always been a place where communities are valued, not divided and as a County Supervisor, I’m committed to leading a local government that promotes unity, equity, and justice for all, while upholding the law,” said Vargas. “We will not allow our local resources to be used for actions that that separate families, harm community trust, or divert critical local resources away from addressing our most pressing challenges. Immigration enforcement is a federal responsibility, and our County will not be a tool for policies that hurt our residents.”
Martinez said in her statement that the San Diego County Board of Supervisors “are aware of the Sheriff’s position on this topic” and “the Sheriff’s Office will not change its practices based on the Board resolution and policy that was passed” on Tuesday.
“The Board of Supervisors does not set policy for the Sheriff’s Office,” she said. “The Sheriff, as an independently elected official, sets the policy for the Sheriff’s Office. California law prohibits the Board of Supervisors from interfering with the independent, constitutionally and statutorily designated investigative functions of the Sheriff, and is clear that the Sheriff has the sole and exclusive authority to operate the county jails.”