Immigration advocates again ask Kern to cut ties with ICE

Aug. 22—Compared with 23,416 people in Kern County's jails, one is still too many.

This was the sentiment expanded upon by immigration advocates, who once again argued on Tuesday for Kern County to follow the example of its neighbors and cut ties with the U.S. Immigration and Customs Enforcement agency.

Conversation on the topic began at the Kern Board of Supervisors' morning meeting, during a legally required annual forum and public review led by the Kern County Sheriff's Office.

In 2022, one inmate was transferred from a KCSO jail to ICE custody, a decrease from five transfers in 2021. This stands in stark contrast to figures from 2017, the first year the KCSO first began providing such data, when 436 inmates were transferred to the federal agency's detention centers.

The Sheriff's Office attributed the drop to continued refining of county policy under California Values Act, or Senate Bill 54, a 2017 law that limits ways in which local law enforcement can investigate or arrest people for ICE agents.

The bill acts as a precursor to the Transparent Review of Unjust Transfers and Holds, or TRUTH Act, which was signed into law in 2016 by then-Gov. Jerry Brown, requiring governing bodies that collaborate with ICE to convene an open community forum in which information on that collaboration is made public.

During the meeting, nearly all of the half-dozen public speakers expressed continued frustration over various aspects of the immigration system in Kern County.

"You can choose to stand with your immigrant community and end all communication and collaboration with ICE," said Rosa Lopez, a Kern resident. "This is optional. ... It's shameful that we've allowed ICE to have immigration detention centers in our backyard. These centers have no purpose other than to generate profit for a private corporation."

The group brought up the Mesa Verde and Golden State Annex immigration detention centers, which have come under criticism in recent years for alleged abuse and neglect within the facilities. Protests took place in Fresno and San Francisco last week by various immigration advocates asking for the centers to be closed.

"Anyone with a heart will agree that GEO should not exist in our community," Lopez said, referring to the detention centers' Florida-based private operator.

According to the American Civil Liberties Union of Northern California, many California counties — including San Francisco, Santa Clara, Los Angeles and San Joaquin, among others — have banned or stopped all ICE transfers from local jails.

Mayra Joachin, a staff attorney with the ACLU's Southern California branch, said there were several issues with language in existing policies that could prove harmful.

"The clear picture is that ICE has not refrained from wanting to arrest individuals," Joachin said. "ICE continues to want to arrest them, place them under detention proceedings and have them in ICE facilities right here in our backyards."

In a public records request through the Sheriff's Office, Joachin said ICE made a "striking" 264 detainer requests — when an agency asks law enforcement to hold and later provide notice of release of an inmate — between May and December 2022. Thirty-seven requests were made last October alone.

"For comparison to the previous year, in 2021 between May and December there were only 35 detainer requests," Joachin said.

The KCSO presentation did not include any information on detainer requests.

She also said that the Sheriff's Office should revise policy language that allows for delayed release of an individual for immigration authorities in situations where the "sheriff has probable cause to believe the individual has committed, or is committing, a criminal violation," beyond their existing charges.

"Under the Truth Act and California Values acts, they cannot retain someone for any other period past their release date and time," Joachin said, adding that the KCSO has been "amenable to possible changes."

In an email response on Tuesday, KCSO spokesperson Lori Meza said the Sheriff's Office is acting in accordance with state law.

"We maintain a relationship with ICE under very limited and specific circumstances," Meza wrote.

KCSO Chief Deputy David Stevens stressed that his deputies do not ask people about their immigration status and do not engage in immigration enforcement. Officers also do not ask detainees about their immigration status, he continued, and ICE does not have access to county databases.

"This remains the case today," Stevens said. "That said, the Sheriff's Office does cooperate with ICE as allowed by law."

The TRUTH Act allows federal agencies to request notice from the KCSO of a detainee's release date, under certain conditions.

Agencies must provide written consent forms to inmates prior to questioning to explain an interview's purpose and provide notification that they have the ability to decline or give notice to family or an attorney. The inmates must also face qualifying charges — serious or violent felonies and misdemeanors that could classify as felonies.

Stevens said ICE made five notification requests in 2022, compared with 16 requests in the year prior. ICE did not submit any interview requests in 2022, he added.

The ACLU and the KCSO said they will continue to meet in the future to review policies.

"Their collaboration has proven helpful in refining the Sheriff's Office procedures," Stevens said.