To: Board of Supervisors
Department or Agency Name(s): Board of Supervisors, Sheriff’s Office, County Administrator’s Office, County Counsel, Office of Equity
Staff Name and Phone Number: Nikolas Klein, (707) 565-5312
Vote Requirement: Informational Only
Supervisorial District(s): Countywide
Title:
Title
6:00 P.M. - TRUTH Act ICE Access Community Forum
End
Recommended Action:
Recommended action
Pursuant to Government Code Section 7283.1 (d), hold a community forum regarding provision of information about individuals housed in Sonoma County’s detention facilities to the federal Immigration and Customs Enforcement Agency (ICE) during calendar year 2022. (Informational Only)
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Executive Summary:
Beginning January 1, 2018, the Transparent Review of Unjust Transfers and Holds (TRUTH) Act (Assembly Bill 2792) requires the governing body of a local government, such as the County of Sonoma, to hold an annual community forum if a law enforcement agency operated by the County provided the federal Immigration and Customs Enforcement (ICE) agency with any access to individuals for civil immigration enforcement purposes during the prior calendar year. Government Code 7283.1 (d), part of California Government Code Chapter 17.2 - Standards for Participation in United States Immigration and Customs Enforcement (ICE) Programs, requires that the Board of Supervisors hold an annual public forum to provide information to the public about ICE access to individuals and to receive and consider public comment. This item is requesting that the Board hold the public forum, receive the Sheriff’s data related to ICE access, and receive and consider public comment. No action is required by the Board. Members of the public are encouraged to participate in-person or remotely via Zoom.
The Code also specifies that the Sheriff may provide related data to the Board to be included as part of this forum. Compared to 2021, ICE requests in 2022 increased by 184%, and returned notification responses increased by 64%. While ICE notification requests significantly increased year-over-year, they are still below the average of 429 requests received per year from 2018 through 2021, prior to the steep decline observed during 2021.
To help make the TRUTH Act board item materials more accessible and encourage public participation and engagement, the County will publish Spanish-language versions of materials. Additionally, the County will conduct the forum in the early evening and will provide Spanish translation for participants. To comply with the advanced noticing requirement, the County issued the first “Notice of Public Hearing” in the Press Democrat on September 06, 2023, with four subsequent weekly notices published on September 13, September 20, September 27, and October 4, 2023. In addition to the Press Democrat notices, the County directly notified local community partners and other stakeholders (including nonprofits, health, education, business, government, and media/radio), issued a press release, and publicized the forum via social media.
Discussion:
2022 ICE Access Data
Government Code 7283.1 (d) requires that, “Beginning January 1, 2018, the local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year shall hold at least one community forum during the following year, that is open to the public, in an accessible location, and with at least 30 days’ notice to provide information to the public about ICE’s access to individuals and to receive and consider public comment.
As part of this forum, the local law enforcement agency may provide the governing body with data it maintains regarding the number and demographic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means.
Data may be provided in the form of statistics or, if statistics are not maintained, individual records, provided that personally identifiable information shall be redacted.” Attachment 1 contains the Sonoma County Sheriff’s reported ICE access data for the 2022 calendar year.
The Sheriff’s Office collects and reports ICE access data in compliance with state requirements. According to the Sheriff’s data collected during calendar year 2022, ICE requested notification from the Sheriff’s Office of the impending release from custody of 332 individuals. Upon reviewing these requests, the Sheriff’s Office returned 54 responses to ICE per Senate Bill 54 California Values Act guidelines. Compared to 2021, ICE requests in 2022 increased by 184%, and returned notification responses increased by 64%. While ICE notification requests significantly increased year-over-year, they are still below the average of 429 requests received per year from 2018 through 2021, prior to the steep decline observed during 2021. The Sheriff’s own immigration policies for interacting with ICE have not changed substantively over the past year. Whether the overall increase in notification requests from ICE can be attributed to policy, process, or enforcement changes at the federal level, or other demographic, societal, or economic factors, is unknown.
The Sheriff’s Office does not report racial data on ICE interactions, but it does record individuals’ self-reported country of origin during booking intake. As illustrated in the Attachment 1 demographic data, 47 of the 54 ICE release notifications, or 87%, were for individuals who self-reported their country of origin as Mexico or Central America. According to the “Portrait of Sonoma County: 2021 Update” (<https://upstreaminvestments.org/impact-make-a-change/portrait-of-sonoma-county>), roughly 73,000, or 15% of Sonoma County’s 489,000 residents as of the 2020 Census, were born outside of the United States. Of Sonoma County’s total immigrant population, nearly two-thirds, or 66%, are from Latin America and more than half from Mexico. Furthermore, the report cites the Migration Policy Institute’s estimate that 29,000 undocumented immigrants reside in the county, 87% of whom are from Mexico or Central America. With respect to country of origin, the demographic profile of these 54 individuals with ICE notices during 2022 aligns with the County’s immigrant population and subset of undocumented immigrants. Regardless of an individual’s reported country of origin, whether ICE submits a request for notification, and whether the Sheriff’s Office responds to ICE in accordance with California Values Act requirements. The California Values Act (SB 54) limits how state and local law enforcement can collaborate with federal immigration agencies and helps ensure that schools, hospitals, and courthouses are safe spaces for everyone in our community: <https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54>
Sheriff’s Office Immigration Policies
As communicated in the Attachment 2 infographic, when the Sheriff’s Office cooperates with ICE, it complies with the protections in the SB 54 California Values Act by helping undocumented victims obtain U-Visas, providing inmate release dates to ICE pursuant to State law, sending inmates’ fingerprints to the State Department of Justice, and providing inmate release dates to the public as requested. Inmates may request a review of these notification requests. The Sheriff does not enforce Federal immigration law, deport anyone, ask for immigration status, have authority over ICE, nor conduct immigration sweeps.
On October 20, 2020, the County’s Independent Office of Law Enforcement Review and Outreach (IOLERO) presented its FY 2019-20 State of the Office Report, which included a case audit recommendation that resulted in the Sheriff’s Office implementing policy changes and enhanced training intended to prevent errors when providing information to Immigration and Customs Enforcement. IOLERO’s report is available on the County’s website:
<https://sonoma-county.legistar.com/LegislationDetail.aspx?ID=4671176&GUID=02956DDB-BB1B-46BF-A2C4- 1B9DF7353DF6&Options=&Search <https://sonoma-county.legistar.com/LegislationDetail.aspx?ID=4671176&GUID=02956DDB-BB1B-46BF-A2C4-%201B9DF7353DF6&Options=&Search>>=.
The Sheriff updated its two policies pertaining to immigration in 2020 to implement IOLERO’s recommendation. Sheriff’s Office Immigration Policy #415 was further updated in January 2023 to add the following provision: “Members (Sheriff’s staff) shall not obtain, access, use, or otherwise disclose noncriminal history information maintained by the DMV for immigration enforcement (Vehicle Code § 1808.48).” The Sheriff’s immigration policies are included as Attachments 3 and , and also posted on the Sheriff’s Office website: <https://www.sonomasheriff.org/sheriffs-response-to-immigration-issue> <http://www.sonomasheriff.org/sheriffs-response-to-immigration-issue>
State Assembly Bill 937 (VISION Act) - Update
Under the existing SB 54 California Values Act, the idea of "sanctuary" does not apply to individuals convicted of 800 exempted felony and misdemeanor crimes. State Assembly Bill (AB) 937, proposed in February 2021, would have eliminated these exemptions and the ability under the California Values Act for law enforcement agencies to cooperate with federal immigration authorities. After the Assembly passed the bill in June 2021, AB 937 was converted into a two-year bill and resumed moving through the State’s legislative process in 2022. In August 2022, the Senate voted to reject the proposed bill, which kept the California Values Act guidelines intact.
Sonoma County Immigration Initiative
Sonoma County is home to a significant number of undocumented immigrants with diverse backgrounds, cultures, religions, abilities, and viewpoints. The County recognizes immigrants contribute to the cultural richness and economic wellness of our communities. However, the legal status of undocumented immigrants poses barriers that create adversities for this valuable part of our community. The County recognizes the difficulties faced by undocumented immigrants and the current lack of available pathways to citizenship for many undocumented immigrants. In 2017, the Board approved an immigration initiative to address impacts on the immigrant community and provided resources to meet the legal service needs of undocumented residents. The County also launched a “know your rights” campaign to provide legally accurate material to residents. Material was shared online (and through several community meetings hosted by Board members: <https://sonomacounty.ca.gov/administrative-support-and-fiscal-services/county-administrators-office/projects/immigration-initiative/resources>
In November 2018, the Board of Supervisors provided seed funding to support the establishment of the Sonoma County Secure Families Collaborative (“Collaborative”) to meet the needs of our community’s increased challenges, due to the changes in federal immigration policy and the North Bay wildfires. The Board allocated $200,000 in FY 2023-24 to continue supporting the ongoing work of the Collaborative (<https://sonomacountysecurefamilies.org/>). The Collaborative’s purpose is to increase the capacity of local immigration legal service organizations for immigrants in Sonoma County by enhancing their legal safety net, ensuring that families are safe and remain together, and enhancing the culturally responsive provision of vital social and mental health services, while simultaneously promoting a sustainable model that can be exported to other service areas.
Since its inception, the Collaborative has assisted over 2,000 of Sonoma County’s most vulnerable immigrants by providing quality legal services, culturally responsive mental health services, benefit enrollment assistance, and other social service navigation. The Collaborative also has a particular focus and expertise with pro bono removal defense for Sonoma County immigrants, which was identified as the single biggest need by and for our immigrant community members.
Public Notification
To help make the TRUTH Act board item materials more accessible and encourage public participation and engagement, the County will publish Spanish-language versions of materials. Additionally, the County will conduct the forum in the early evening and will provide Spanish translation for participants. To comply with the advanced noticing requirement, the County issued the first “Notice of Public Hearing” in the Press Democrat on September 06, 2023, with four subsequent weekly notices published on September 13, September 20, September 27, and October 4, 2023. In addition to the Press Democrat notices, the County directly notified local community partners and other stakeholders (including nonprofits, health, education, business, government, and media/radio), issued a press release, and publicized the forum via social media.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
March 02, 2022 - Public forum held and the Board received ICE access data for the 2021 calendar year.
February 09, 2021 - Public forum held and the Board received ICE access data for the 2019 & 2020 calendar years.
June 04, 2019 - Public forum held and the Board received ICE access data for the 2018 calendar year.
April 10, 2018 - Public forum held and the Board received ICE access data for the 2017 calendar year.
Fiscal Summary
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Narrative Explanation of Staffing Impacts (If Required):
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Attachments:
Attachment 1: Sheriff’s 2022 Immigration and Customs Enforcement Access Data
Attachment 2: Sheriff’s Office Immigration Facts Infographic
Attachment 3: Sheriff’s Office Immigration Policy 415 (Revised January 2023)
Attachment 4: Sheriff’s Office Immigration Status Policy (Revised January 2021)
Related Items “On File” with the Clerk of the Board:
N/A