On Tuesday, San Diego County Sheriff Kelly A. Martinez announced that her office will not abide by a new sanctuary policy adopted by the Southern California county’s Board of Supervisors. The latest sanctuary policy limits cooperation with Immigration and Customs Enforcement officers by prohibiting county law enforcement officers from granting ICE agents access to individuals or using County facilities for investigative interviews.
Sheriff Martinez issued a statement within hours of the passage of the strengthened sanctuary city policy indicating the board of supervisors that made clear her position on the matter. Martinez indicated she would comply with a current state law that allows cooperation with federal immigration authorities when serious crimes have been alleged against migrants who may be removable from the United States and would not adopt the increased restrictions contained in the new policy.
According to San Diego County Sheriff Department policy, Immigration and Customs Enforcement (ICE) officers do not have free access to any Sheriff’s facilities or jails currently but are allowed access once they have checked in with the facility’s primary entrance point. “Current state law strikes the right balance between limiting local law enforcement’s cooperation with immigration authorities, ensuring public safety, and building community trust” Sheriff Martinez stated in Tuesday’s press release.
According to Martinez, California state law allows her 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. Under limited circumstances, the law gives the authority for law enforcement within the state to cooperate with immigration authorities. This includes providing 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 new policy would prohibit this level of cooperation.
Martinez asserts the San Diego County Board of Supervisors were aware of her position on the new sanctuary rule, as she had presented it to them and the public during a previous annual Truth Act forum event. During the event, Martinez elaborated on her policies and practices regarding following state law regarding immigration enforcement.
Martinez says her office will not change its practices based on the latest Board of Supervisors sanctuary city resolution and policy, which was passed during Tuesday’s meeting.
“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 emphasized.
Randy Clark is a 32-year veteran of the United States Border Patrol. Prior to his retirement, he served as the Division Chief for Law Enforcement Operations, directing operations for nine Border Patrol Stations within the Del Rio, Texas, Sector. Follow him on X (formerly Twitter) @RandyClarkBBTX.
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