San Diego strengthens immigrant protection, Sheriff stands firm


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The San Diego County Board of Supervisors has strengthened its sanctuary policies, extending protections for undocumented immigrants beyond existing state regulations in anticipation of President-elect Donald Trump’s planned deportation initiatives.

The proposal, introduced by Chairwoman Nora Vargas, builds upon California Assembly Bill 4, enacted by former Gov. Jerry Brown, which restricts local law enforcement from honoring Immigration and Customs Enforcement (ICE) detainer requests.

These detainers typically ask local authorities to hold criminal undocumented immigrants for an additional 48 hours after their scheduled release, enabling ICE to take them into federal custody. California’s prohibition of this practice forces ICE to allocate additional resources for re-apprehending released individuals, increasing both costs and risks to officers.

The restrictions on local-federal cooperation were further enhanced by California Senate Bill 54 in 2017, which prohibited both the transfer of undocumented immigrants to federal custody and the sharing of release date information with ICE.

“Today’s actions will adopt a resolution and Board Policy L-2 to affirm the 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.”

The policy garnered significant public attention, with over 100 residents registering to speak and more than 500 electronic comments submitted. It passed with a 3-1 vote, despite opposition from Supervisor Jim Desmond.

“Today’s outrageous decision to turn San Diego County into a ‘Super’ Sanctuary County is an affront to every law-abiding citizen who values safety and justice,” Desmond stated in an email release.

Following the decision, Sheriff Kelly A. Martinez issued a defiant response: “As the Sheriff of San Diego County, my number one priority is protecting the safety and well-being of all residents of our diverse region. While protecting the rights of undocumented immigrants is crucial, it is equally important to ensure that victims of crimes are not overlooked or neglected in the process. Victims include undocumented individuals — these vulnerable individuals express to me that their legal status is used as a weapon against them when offenders from their community victimize them.”

The Sheriff’s Office maintained its independence, stating: “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.”

The department concluded by affirming it would not modify its practices based on the new policy.

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