The San Diego County Board of Supervisors passed a resolution Tuesday that aims to completely restrict county agencies from cooperating with federal authorities on immigration enforcement. The vote comes weeks before President-elect Donald Trump, who has pledged mass deportations and government funding cuts to cities with such “sanctuary” policies, is set to start a second term.
Chair Nora Vargas introduced the plan, which passed with a 3-1 vote at what was the last regular board meeting of the year. Under the policy, county agencies would provide no further assistance or cooperation to U.S. Immigration and Customs Enforcement on civil immigration matters, including notifications of when unauthorized immigrants convicted of certain felony crimes are set to be released from jail custody.
“We will not allow our local resources to be used for actions that separate families, harm community trust or divert critical local resources away from addressing our most pressing challenges,” Vargas said in a statement after the vote. “Immigration enforcement is a federal responsibility, and our county will not be a tool for policies that hurt our residents.”
The meeting drew more than 100 public comments total, both for and against the measure to further restrict cooperation with immigration authorities. (Ana Ramirez / The San Diego Union-Tribune)
The resolution drew swift pushback from Sheriff Kelly Martinez, who said the Sheriff’s Office already follows state law that limits how local and state law enforcement can cooperate with federal immigration authorities.
“The Sheriff’s Office will not change its practices based on the board resolution and policy that was passed at today’s meeting,” the agency said in a statement. “The Board of Supervisors does not set policy for the Sheriff’s Office. 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.”
Martinez said that she will “continue to follow state law.”
Local authorities can still cooperate with ICE under state law if the person has been convicted of certain felonies or there is a warrant or probable cause determination by a judge that there is a federal criminal immigration violation.
The current policy the Sheriff’s Office adopted in 2022 states that federal immigration agents “may be allowed access to Sheriff’s booking facilities for the purpose of conducting screenings and interviews of those suspected of violating federal immigration laws.” However, per state law, immigration agents need the person’s written consent to conduct interviews.
“I believe it is crucial for every member of our region to live with dignity, security and the opportunity to thrive,” Martinez said.
ICE did not immediately respond to a request for comment on Tuesday’s resolution.
The approved resolution directs the county’s chief administrative officer to present recommendations within 180 days on how to most effectively implement the policy.
The vote came before a practically empty lower chamber at the end of the lengthy discussion. Vargas had asked for the packed room to be cleared due to multiple interruptions that caused the board to pause the meeting at least twice throughout the day.
Supervisor Jim Desmond cast the lone dissenting vote, with Supervisor Joel Anderson absent.
“These policies aren’t just flawed, but they’re reckless, and they endanger every member of our community,” Desmond said. “Let’s prioritize safety over politics, justice over ideology and protection of innocent lives above all else.”
Desmond said later in a statement that he has already reached out to the incoming White House administration and “will fight relentlessly to reverse this disastrous policy.”
Audra Morgan addresses the board. (Ana Ramirez / The San Diego Union-Tribune)
Supervisors heard comments from more than 100 people both for and against. At one point they filled the room but were later told to file in a handful at a time because of the disruptions.
Vargas and other supervisors voting in favor said it was important to go beyond the 2017 law signed by then-Gov. Jerry Brown, called the California Values Act, which further restricted state and local cooperation on immigration matters. The law was intended to build a relationship of trust with immigrant communities so that they would feel safe reporting crimes to the authorities.
“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 said in the board letter. “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.”
Martinez disputed that characterization, stating that “there is no loophole when it comes to what is placed in statute.”
Chairwoman Nora Vargas listens to people speak. (Ana Ramirez / The San Diego Union-Tribune)
In 2023, 25 inmates were transferred from San Diego County jails to ICE custody, according to a sheriff’s report. The inmates had been jailed locally on felony convictions that included murder, assault with a deadly weapon, DUI, drug possession, burglary and participation in a street gang.
Vargas pointed out in the board letter that by limiting collaboration with federal immigration authorities, “the county avoids treating a group of individuals differently solely on the basis of their immigration status.”
She added that the policy also allows the county to focus its resources on local matters.
The proposed policy mandates that, except as permitted by the policy, county officials shall not cooperate with federal immigration authorities “in its civil immigration enforcement efforts, including by giving federal immigration agents access to individuals or allowing them to use county facilities for investigative interviews or other purposes, expending county time or resources responding to federal immigration inquiries or communicating with federal immigration authorities (including but not limited to ICE) regarding individuals’ incarceration status or release dates, or otherwise participating in any civil immigration enforcement activities.”
However, it does not extend to criminal investigations, particularly when it comes to multiagency task forces that the county participates in.
“The whole policy is pretty limited,” Supervisor Terra Lawson-Remer said. “It does not limit or prohibit giving assistance to local, state or federal law enforcement agencies when there’s a suspected violation of criminal law.”
She insisted the county will continue to collaborate with other law enforcement agencies regarding criminal prosecutions. “If the federal government wants the help from the county, they need an arrest warrant. It seems pretty low bar, super reasonable,” she said.
Rep. Darrell Issa, R-Bonsall, slammed the plan. “I hope common sense prevails and this agenda item is swept aside like the lawless, dangerous and out-of-touch idea it is,” he said in a statement.
The plan comes as other California leaders prepare for a showdown with the second Trump administration over immigration.
In a recent interview with NBC News, Trump reiterated his mass deportation plan for the next four years, which he said would prioritize people with criminal history, but indicated he could go beyond that criterion.
Last week, Gov. Gavin Newsom visited Otay Mesa and attempted to reframe the issues around healthy cross-border trade and security partnerships with Mexico. California Attorney General Rob Bonta recently issued updated policies and recommendations to instruct public agencies, such as courthouses, health care facilities and schools, on how to comply with state law limiting cooperation with immigration enforcement.
As of 2022, the most recent year for which federal and Pew Research Center estimates are available, there were about 11 million undocumented immigrants living in the United States. California is one of the states with the most, with an estimated 1.8 million.
Staff writer Emily Alvarenga contributed to this report.