The Board of Supervisors ‘make a statement’ on immigration policies.

After a lengthy deliberation and public comment session, the Monterey County Board of Supervisors took a stand on July 7 and gave direction on several immigration-related measures that will impact county policy and the Sheriff's Office.

This includes revising the county’s employment policy to prevent any county employee who performs outside labor from working on federal immigration enforcement (Customs and Border Protection and Immigration and Customs Enforcement); ending the county’s participation in the State Criminal Alien Assistance Program (SCAAP) and enacting ICE-free-zone policies to prevent the use of any county resources for civil immigration enforcement.

The board also stated its preference for the Sheriff's Office to not cooperate with ICE outside of the criminal justice system (per state law, Sheriff’s Offices aren’t required to cooperate with ICE), and to take a look at state policy and suggest changes to laws that allow cooperation.

Supervisor Kate Daniels led the way to move forward with these changes, seconded by Supervisor Wendy Root Askew, who referred these items for discussion.  

“It’s powerful and meaningful for this board to make a statement urging that the Sheriff’s Office  consider discontinuing all ICE discretion and cooperation with ICE and other federal immigration enforcement agencies,” Root Askew said.

The Board of Supervisors does not have direct oversight of the Sheriff’s Office, since Sheriff Tina Nieto responds directly to voters.

These items came to the board after community outcry and concerns about the Sheriff’s Office turning over eight individuals who hadn’t been convicted to ICE. According to MCSO’s Truth Act Report, a mandatory annual update in which local law enforcement agencies share data on inmates released to ICE, 21 individuals out of 9,200 people booked in county jail were released to ICE. It also denied 295 access requests. 

Nieto says her office follows the law and only turns in individuals that fall under the categories allowed by the California Values Act, or Senate Bill 54. This bill allows law enforcement to transfer individuals to ICE under certain circumstances including if there is a federal judicial warrant or if they were convicted of violent felonies and serious crimes, such as muder, rape and child abuse. (Supervisor Glenn Church requested an amendment to explore suggesting changes at the state level to further limit cooperation with ICE).

Many inmates with serious offenses are at state prisons, which already have a process in place to turn undocumented immigrants to ICE after their prison sentences.

“We have a mechanism in place, and it's our system of justice to ensure violent criminals are not in our communities,” Daniels said.

During the discussion, Daniels and Root Askew expressed concerns about sharing any information with federal agencies, as well as the process the Department of Justice uses to determine SCAAP reimbursements. (SCAAP provides payments to carceral facilities housing undocumented immigrants). Last year, the county was reimbursed more than $600,000. 

“What it really does is reimburse local taxpayers for correctional costs the county has already incurred,” Nieto told the board. 

Supervisor Luis Alejo said he needed more information before taking actions on SCAAP. 

“I want to make sure that we have as much information before we make an ultimate decision whether or not to continue with this program,” he said.

During public comment, several residents showed their support for ending the SCAAP program.  Others questioned the sheriff’s decision of turning 21 people over to ICE.

“Was it worth it?” Stephanie Cooper, an immigrant living in Monterey, asked about the county’s participation in SCAAP. “We have fear in our community.” Cooper added she no longer travels and is concerned about the current immigration climate. 

To review and update outside employment policies for county employees, county staff needs to get unions involved. Outside employment needs to be approved by department heads, and Nieto said she isn’t aware that her deputies currently work for immigration enforcement. “If something comes across my desk, I could tell you right now that I wouldn’t be approving it,” she said. 

The board also moved forward to establish an independent office of the inspector general with a community advisory committee for the Sheriff’s Office. 

These matters will return to the board in 30 days with draft resolutions and policy and funding options to cover the missed SCAAP funding.