Advocate says San Diego Sheriff violated county ICE policy that some want repealed

The debate has reignited over a San Diego County Board of Supervisors' policy that restricts the use of county resources to enforce federal immigration policies.

An attorney said he's received three reports that San Diego County Sheriff Kelly Martinez violated the policy, which prohibits local law enforcement from collaborating with Immigration and Customs Enforcement. Meanwhile, San Diego County Supervisor Jim Desmond has introduced a measure to repeal it.

“Any violation of any policy or state law that protects our immigrant community is really, you know, concerning,” said Ian Seruelo, who chairs the San Diego Immigrant Rights Consortium, which advocated for the policy passed in December.

The policy builds on the state’s Senate Bill 54, known as the California Values Act, passed in 2017 to prohibit state and local collaboration with ICE except in limited circumstances for those convicted of certain crimes. The county policy eliminates those exceptions, restricting any cooperation with ICE without a judicial warrant.

Immediately after the county policy passed in December, Sheriff Martinez said she would not enforce it and instead would continue to proactively notify ICE of individuals with criminal convictions permitted under state law.

Advocates for the county policy said SB 54 includes a provision that requires officials to adhere to any local policies that go beyond its scope, indicating that Martinez’s notifications or transfers of undocumented individuals into ICE custody would put her out of compliance with state law.

Seruelo said Monday that he had received three reports of violations of the sheriff’s office participating in immigration enforcement, including one on video. He said the SDIRC is documenting the incidents to share with California’s attorney general, and the second option they were considering is a lawsuit.

“We want to make sure that this is not going to be repeated in the future,” he said.

Martinez’s office noted in a statement that it has “not expanded or changed its processes since the enactment of the Board's Policy.”

“The Sheriff's Office notifies immigration officials of release dates only if the incarcerated person meets qualifying convictions for specific serious, violent, or sex crime charges,” the statement continued. “We do not coordinate with, nor delay an individual's release to accommodate ICE unless there is a federal judicial warrant for immigration.”

Supervisor Desmond was the lone vote against the original policy, which was introduced by then-Chair Nora Vargas, who later stepped down from the board. Desmond has now introduced a measure up for a vote Tuesday to repeal the policy entirely.

“It's much safer. It's much easier for law enforcement to do their job by taking them out of our jails instead of having to go into the immigrant communities and get them out after they've been released,” Desmond said Monday.

“I'm all on board with the sheriff and I think this is a cleanup that will, you know, get her out of this, any predicament she might be in,” he added.

Martinez said in a statement that she agreed with rescinding the policy.

“State law sets the parameters when it comes to immigration enforcement,” the statement reads. “It comes as no secret that I believe elected sheriffs should determine how to implement such laws as it empowers local law enforcement to maintain public safety while fostering trust within immigrant communities.

“By taking the lead in this implementation, the sheriff can ensure that local policies reflect the values and needs of the community, prioritize resources for crime prevention, and enhance cooperation between law enforcement and residents,” Martinez continued. “My policies are reflective of ensuring that public safety remains paramount based on what my deputies experience when interacting with not only victims but community groups - including immigrant and refugee residents.”

Seruelo has long contended the policy is focused on public safety by improving trust in law enforcement.

“At the end of the day, what we want is safety,” Seruelo said. “We want our residents, we want our communities to report crimes if it happens in their community, without the fear of retribution, without fear of being, you know, arrested themselves for being undocumented, or their family members or their friends.”

Immigration attorney Jan Joseph Bejar said any appearance that police may be collaborating with ICE makes undocumented individuals less likely to come forward.

“What you're doing is you're limiting the police's ability to tap into those resources to help them resolve crimes because you're generating an atmosphere of fear and distrust,” he said. “If I'm afraid that you're going to turn me into ICE, and I saw who shot J.R., I'm not going to tell you because I don't want to get into any trouble."