San Diego County's ICE policy draws national attention

The battle over immigration enforcement in San Diego County has drawn national attention, as President-elect Donald Trump’s inauguration — and his promise of mass deportations — draw closer.

In an interview with NBC News Thursday, Trump’s incoming “border czar” Tom Homan took aim at a measure the San Diego County Board passed earlier this month to end the use of any county resources for immigration enforcement.

“Bottom line is, I’m shocked at what San Diego did, and bottom line, we’re still coming to San Diego and we’re going to do our job,” Homan said.

“Look, it’s more difficult,” he continued, "but we’re still doing it.”

The new policy bars the San Diego County Sheriff from voluntarily transferring undocumented individuals into the custody of Immigration and Customs Enforcement, or ICE, and from notifying the agency of their release.  

It builds on a state law passed in 2017, already limiting cooperation with federal immigration authorities. Senate Bill 54 does not allow for transfers to ICE except for people convicted of certain crimes like assault and battery, among others. The new board policy removes those exceptions.

Sheriff Kelly Martinez said within hours of its passage that she would not enforce the new policy, noting she would continue to follow state law and “the Sheriff, as an independently elected official, sets the local policy for the Sheriff’s Office.”

Martinez’s office has denied or declined to respond to multiple requests for an interview on the policy and its enforcement.

“Sheriff Martinez works with and talks to the communities we serve, and she has listened. All communities, and particularly immigrant communities, live in fear of criminals who return to their neighborhoods and do them harm,” her office said in a statement in part. “California law and our legislatures have had robust discussion on the issue of immigration and when and how local law enforcement should cooperate with our federal partners to ensure public safety needs are met. The current law strikes the right balance of allowing state and federal law enforcement partnerships and ensuring immigration enforcement remains with federal agents.”

County Board Chairwoman Nora Vargas, who introduced the policy, has also declined interview requests. She has since announced she is stepping down at the end of her term in January.

On Dec. 23, the America First Legal Foundation, headed by Trump advisor Stephen Miller, sent a letter on so-called “sanctuary policies” to 249 elected officials across the U.S., including Vargas.

“Your jurisdiction’s sanctuary laws or policies … make a mockery of American democracy and demonstrate a shocking disrespect for the rule of law,” the letter reads, adding Vargas and others “could face criminal prosecution and civil liability for your illegal acts.”

"San Diego County has always been a place where communities are valued, not divided,” Vargas said in a statement, when asked about the letter. “As County Chairwoman, I have made it a priority to lead a local government that promotes unity, equity, and justice for all while upholding the law. The newly adopted Board policy, developed with careful legal review to ensure full compliance with federal law, reflects these values. We will not allow local resources to be used for actions that separate families, harm community trust, or divert critical resources from addressing our most pressing challenges. Immigration enforcement is a federal responsibility, and our County will not be a tool for policies that hurt our residents."

A similar letter centered on SB 54 was also sent to California Attorney General Rob Bonta, whose office in a statement called it “a scare tactic, plain and simple.”

“While we are unable to comment on the specifics of the letter, we want to be clear: SB 54 was upheld by the courts during the first Trump administration, and it prevents the use of state and local resources for federal immigration enforcement with certain narrow exceptions,” the statement continues. “SB 54 does nothing, however, to block federal agencies from conducting immigration enforcement themselves. California will continue to comply with all applicable state and federal laws, and we expect all local law enforcement agencies to do the same.”

On the county policy, the San Diego Immigrant Rights Consortium sent Martinez a letter urging her to comply, citing the clause within SB 54 that reads, “A law enforcement official shall have discretion to cooperate with immigration authorities only if doing so would not violate any federal, state, or local law, or local policy.”

“As of yet, we have not received any response,” SDIRC Chair Ian Seruelo said Friday. “She’s a public official, and we wrote a formal letter as constituents of this county, and we definitely expect a response.”

Seruelo and other advocates have long pushed for the board policy, saying it's a way to build trust of local law enforcement in immigrant and undocumented communities.

“I’m a bit disappointed that she is not able to provide, you know, clarity as to her statement,” Seruelo added. “There’s really that urgency, especially because there is this change over the administration next year, and the public needs to know where the sheriff stands on this.”

“We need to be able to, No. 1, prepare, you know, the community as to the impact of the impending mass deportation policy of the next administration,” Seruelo continued. “And we want to be able to inform our community if our local sheriff’s police department is going to be, you know, cooperating with ICE.”

On Thursday, Homan told NBC News that he expected the county board policy to be litigated.

Seruelo said the SDIRC is considering a lawsuit if the policy is not enforced, and are considering many other options as they await the details of Trump’s immigration plan, including his promise of unspecified mass deportations.

“We're just waiting what will happen on Jan. 20 and we will be ready to respond once, you know, we receive, additional information,” Seruelo said.