Alameda County Orders ICE To Stop Immigration Enforcement At Santa Rita Jail

DUBLIN, CA — Alameda County sent U.S. Immigration and Customs Enforcement a cease-and-desist letter Monday demanding that the agency stop conducting civil immigration enforcement operations on county property, including Santa Rita Jail.

Interim County Counsel Andrea Weddle sent Julio Hernandez, the acting field director for ICE in San Francisco, a letter accusing the agency of violating the county’s ICE-free zone policy. Weddle claimed that Alameda County Sheriff's Office staff at Santa Rita Jail have repeatedly informed ICE personnel of county restrictions on using its property for civil immigration enforcement, but that agents ignored those instructions.

Weddle also noted that on Nov. 1, an ICE agent chased an individual from the jail parking lot into the lobby, where the individual was detained. On Nov. 8, two ICE agents were involved in a physical confrontation with members of the public inside the jail lobby. The Alameda County Sheriff’s Office called attention to these incidents in a post, and noted that effective immediately, access to the jail is restricted to individuals with appointments and official business only. A sign has been put in the jail lobby stating that as property owned or controlled by the county, it may not be used for any civil immigration enforcement activity, according to the county’s letter.

The letter made the following demands:

• ICE must immediately cease all unauthorized use of county property, including the Santa Rita Jail parking lot, lobby, or surrounding areas for civil immigration enforcement activities.
• ICE must not pursue, confront, or detain individuals on county property or engage in other conducts that creates unnecessary safety risks
• Notify ICE personnel of these demands
• Preserve all relevant evidence relating to ICE activity at or around the jail, including the incidents of Nov. 1 and 8.

The letter is not legally binding, and ICE has defended its right to conduct enforcement on county property. When Alameda County first enacted its ICE-free zone in January, the Department of Homeland Security called the policy “legally illiterate” and argued that enforcing federal immigration laws is a “clear federal “responsibility.”

"The Trump Administration is utilizing all lawful options to carry out the largest deportation operation in history, just as President Trump promised," ICE said in a statement. "We will not apologize for defending the homeland -- this is exactly what the American people voted for."

However, the county could sue the federal government if the violations continue. David Levine, a professor of law at UC College of the Law San Francisco, told KTVU that he thinks the county “should win” because the matter concerns county property, though matters could be complicated if ICE had a proper judicial search warrant to be in the jail.

The letter follows an uptick in ICE detentions across the East Bay, particularly near Santa Rita Jail and the East County Hall of Justice. ICE has arrested at least 19 people in Oakland, Hayward, Livermore, Union City, Berkeley and Dublin, according to the Alameda County Immigration Legal and Education Partnership. ICE agents have also entered Wilma Chan Highland Hospital in Oakland to monitor a detainee receiving medical care, according to ACILEP.

“Already, we have seen that ICE is deterring people from seeking medical and other critical services, and their presence at the county jail is keeping friends and family from visiting and providing support,” the letter said.

SEE ALSO:

• 1,100 Livermore Students Walk Out Of School To Protest ICE
• ICE Arrests At Least 7 People In Tri-Valley In Recent Weeks: Immigration Advocates