Sheriff defies county's new policy on ICE cooperation.
Opponents of the policy argue that ICE cooperation harms communities.
The San Diego County sheriff has announced that her office will not alter its practices with Immigration and Customs Enforcement (ICE) despite the county's board of supervisors passing a resolution to limit cooperation with ICE prior to the Trump administration's inauguration in 2017.
"Sheriff Kelly Martinez's office stated that the board of supervisors does not have the authority to set policy for the sheriff's office, as the sheriff, being an independently elected official, sets the policy for the sheriff's office."
The San Diego County Board of Supervisors passed a 3-1 vote on a resolution limiting cooperation between ICE and local law enforcement.
The county will not provide any help or cooperation to ICE, including granting access to individuals, using county facilities for interviews, spending time and resources responding to ICE inquiries, or communicating about incarceration status or release dates, and will not participate in any civil immigration enforcement activities.
If ICE becomes aware of suspected illegal immigrants in local or state custody, it will typically request that law enforcement notify them ahead of the suspected illegal immigrants' release and, in some cases, hold them until ICE can take custody of them.
Sanctuary proponents argue that ICE's policies discourage cooperation between law enforcement and law-abiding illegal immigrants, while ICE claims that these policies help detain and remove illegal immigrants from the streets.
The resolution states that when federal immigration authorities, including DHS, ICE, and Border Patrol, force local law enforcement to carry out deportations, family members are separated and community trust in law enforcement and local government is destroyed.
"Undocumented witnesses and victims, as well as those with undocumented loved ones, are hesitant to seek assistance from the County, including contacting local law enforcement, due to fear. This endangers the safety of all San Diegans."
Supporters of the resolution argue that California's sanctuary law contains too many loopholes, allowing agencies to inform ICE of release dates and transfer certain individuals into their custody.
It was a claim with which Martinez disagreed.
The sheriff of San Diego County's top priority is safeguarding the well-being of all residents in our diverse region. Although protecting the rights of undocumented immigrants is essential, it is equally important to ensure that crime victims are not overlooked or neglected in the process.
Although the San Diego County Sheriff is a nonpartisan office, Martinez has publicly identified as a Democrat.
"Undocumented individuals are among the victims who express to me that their legal status is used against them when offenders from their community victimize them," she said. "Protecting the well-being of all individuals, including the undocumented, requires a careful approach that upholds the principles of justice, fairness, and compassion."
The Trump administration is planning a historic mass deportation campaign, with incoming border czar Tom Homan stating that no one is exempt from deportation, although public safety threats will be given top priority.
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