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File #: 23-219    Version: 1 Name:
Type: Memo Status: Passed
File created: 11/21/2022 Departments: BOARD OF SUPERVISORS DISTRICT 1
On agenda: 4/11/2023 Final action:
Title: Introduction of an ordinance restricting the use of County resources to assist or cooperate with immigration authorities, and waive the reading of the ordinance in its entirety.
Sponsors: Dave Pine, David J. Canepa
Attachments: 1. 20230411_io_ICEcooperation.pdf, 2. 20230411_att_Presentation - Item No. 12 - ICE Non-Cooperation Ordinance Presentation.pdf
Special Notice / Hearing: None__
Vote Required: Majority

To: Honorable Board of Supervisors
From: Supervisor Dave Pine, District 1
Supervisor David J. Canepa, District 5

Subject: Ordinance Regarding ICE Cooperation

RECOMMENDATION:
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Introduction of an ordinance restricting the use of County resources to assist or cooperate with immigration authorities, and waive the reading of the ordinance in its entirety.

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BACKGROUND:
The United States Immigration and Customs Enforcement (ICE), which is responsible for enforcing federal civil immigration laws, often seeks to enlist local law enforcement's voluntary cooperation and assistance in enforcing immigration laws. Such cooperation and assistance by local agencies may include, for instance, continuing to detain persons based on non-mandatory civil immigration detainers or cooperating and assisting with requests to notify ICE when a person will be released from local custody. Such actions often shift the financial burden of civil immigration enforcement onto local agencies.

Unlike judicial warrants, which must be supported by probable cause and issued by a neutral judicial officer, civil immigration detainers are issued by immigration officers without judicial oversight.

When local law enforcement agencies voluntarily assist ICE and other immigration authorities, such assistance can contribute to the separation of families, community distrust of local government, fear of accessing necessary government services by immigrant communities, and reluctance to share vital information and to cooperate with local authorities.

DISCUSSION:
San Mateo County is home to persons of diverse racial, ethnic, and national backgrounds, including a large immigrant population, and all San Mateo County immigrant residents, whether they are U.S. citizens, permanent residents, undocumented residents, refugees, or residents with any other immigration status, are valued and integral members of our social, cu...

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