At the Board of Supervisors’ request, the Office of Immigrant Relations (OIR), Division of Equity and Social Justice (DESJ), facilitated and coordinated the TRUTH Act forum, which took place on December 10, 2019, for the purpose of providing information to the community and consider public comment regarding County law enforcement agencies' provision of access or information to U.S. Immigration and Customs Enforcement (ICE) during 2018.
OIR held the community forum in collaboration with immigration community service organizations, including the Forum for Immigrant Rights & Empowerment (FIRE) Coalition of Santa Clara County, which is composed of the following: Services, Immigrant Rights & Education Network (SIREN), Silicon Valley De-Bug, Asian Law Alliance, Immigrant Legal Resource Center (ILRC), Pangea Legal Services, People Acting in Community Together (PACT), Sacred Heart Community Service Agency, Stanford Law School Immigrants' Rights Clinic, and YMCA Silicon Valley.
The TRUTH Act forum included the participation of the following County officials: Sheriff Laurie Smith, Assistant Sheriff Eric Taylor, Assistant District Attorney David Angel, Assistant Chief Probation Officer Jermaine Hardy, Chief of Information Security Officer Justin Dietrich, and Chief Privacy Information Officer Mike Shapiro.
At the conclusion of the forum, the Board directed OIR and DESJ to provide an off-agenda report outlining questions from the public and responses from County departments, including County Counsel, Sheriff's Office, District Attorney, Probation Department, and the Information Technology Department, among others.
The Board also directed the Administration to provide cross-collaboration with these County agencies and departments to respond to concerns raised by the public and the FIRE coalition regarding compliance by County departments with the current County Board Policy 3.54
as well as with the recent clarifying amendments from June 2019. Those amendments indicate that no County law enforcement agency is to respond to an ICE detainer, hold, notify, transfer, or otherwise cooperate with any
ICE requests in order to assist with enforcing federal civil immigration laws. The amendment states that "the County
does not, under any circumstances, honor civil detainer requests
from ICE by holding inmates on ICE's behalf for additional time after they
would otherwise be released from County custody."
this policy, County officials also may not "provide assistance or
cooperation to ICE in its civil
immigration enforcement efforts, including by giving ICE agents access
to individuals or allowing them to use County facilities for investigative interviews
or other purposes, [or] expending County time or resources responding to ICE
inquiries or communicating with ICE regarding individuals' incarceration status
or release dates." And the Sheriff may exercise discretion to transfer
adult inmates into ICE custody only with a valid warrant or order
signed by a federal or state court judge.
County departments present at the TRUTH Act Community Forum reaffirmed their
commitment to comply with County Board Policy 3.54 and are providing in the
table below a list of specific and detailed responses to questions and concerns
from the Public and the FIRE Coalition.