SUBJECT: ENDING SUPER SANCTUARY COUNTY STATUS BY REPEALING BOARD POLICY L-2 (DISTRICTS: ALL)Title
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OVERVIEW
Public safety is a fundamental responsibility of local government, and the ability of law enforcement to effectively protect communities is essential. However, existing policies limit local cooperation with federal immigration authorities, creating obstacles in addressing public safety threats.
The California Values Act (Senate Bill 54), commonly referred to as Sanctuary State law, limits the ability of law enforcement agencies to cooperate with federal immigration authorities. This creates obstacles in the identification and removal of individuals who pose a threat to public safety.
SB 54 allows for limited exceptions so that law enforcement agencies can cooperate with federal immigration authorities when someone has been convicted of serious felonies. On December 10, 2024 (29), the Board adopted Board Policy L-2, which limits County departments' cooperation with federal immigration authorities, including in cases involving individuals convicted of violent crimes.
Board Policy L-2 goes beyond what current state law requires and prioritizes criminals over the safety and well-being of our communities. There are existing federal protections in place to protect victims of crimes, regardless of immigration status.
Today’s action would repeal Board Policy L-2 and all associated actions.
RECOMMENDATIONS
SUPERVISOR JIM DESMOND
1. Repeal Board Policy L-2, Cooperation with U.S. Immigration and Customs Enforcement.
2. Repeal Resolution #24-139, Resolution of the Board of Supervisors of the County of San Diego Adding Board Policy L-2, Cooperation with U.S. Immigration and Customs Enforcement.
3. Reverse all direction from December 10, 2024 (29) provided to the Chief Administrative Officer.
EQUITY IMPACT STATEMENT
Ensuring public safety is a foundational aspect of achieving equity and community well-being. By repealing Board Policy L-2, cooperation between local law enforcement and federal immigration authorities would be enhanced in a manner that aligns with the County’s commitment to fostering safe and secure communities for all residents.
SUSTAINABILITY IMPACT STATEMENT
Public safety is a crucial component of community sustainability. Repealing Board Policy L-2 supports law enforcement’s ability to effectively manage public safety concerns, which contributes to the long-term stability and well-being of the region. Allowing for responsible cooperation between local and federal authorities enhances the County’s ability to mitigate risks associated with criminal activities. Ensuring that law enforcement agencies have the necessary tools to protect communities aligns with the County of San Diego’s sustainability goals of maintaining safe and resilient communities.
FISCAL IMPACT
Funds for this request are included in the Fiscal Year 2024-25 Operational Plan. There will be no change in net General Fund cost and no additional staff years associated with these recommendations.
BUSINESS IMPACT STATEMENT
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ADVISORY BOARD STATEMENT
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BACKGROUND
Under current state law, the California Values Act (Senate Bill 54) places restrictions on the ability of law enforcement agencies to cooperate with federal immigration authorities. Existing law allows for limited exceptions so that law enforcement agencies can cooperate with federal immigration authorities when someone has been convicted of serious felonies.
County of San Diego Policy L-2 limits cooperation between local law enforcement and federal immigration authorities even in cases of:
• Assault,
• Rape,
• Sexual abuse, sexual exploitation, or crimes endangering children,
• Burglary,
• Possession of an unlawful deadly weapon,
• Gang-related offenses,
• Hate crimes,
• Stalking,
• Elder and dependent abuse,
• Kidnapping, and
• Arson.
Federal law provides significant protections for victims of crimes. The U Visa and T Visa programs ensure that individuals who are victims of serious crimes or human trafficking can report these crimes and cooperate with law enforcement without fear of deportation, regardless of immigration status. The Victims of Crime Act (VOCA) also provides resources to support crime victims, regardless of immigration status. These legal protections help encourage community cooperation with law enforcement, ensuring that dangerous criminals are identified and prosecuted without discouraging victims from seeking justice.
Repealing Policy L-2 aligns with the County of San Diego’s commitment to public safety and responsible governance. By removing unnecessary restrictions on law enforcement cooperation, the County continues to prioritize policies that protect all residents while maintaining compliance with state and federal laws.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today’s proposed action supports the County of San Diego’s 2025-2030 Strategic Plan initiatives of Public Safety & Restorative Justice by ensuring law enforcement has the necessary tools to protect communities effectively. Additionally, this action aligns with the County’s commitment to Civic Engagement & Transparent Governance by advocating for policies that enhance consistency and accountability in law enforcement practices.
Respectfully submitted,
JIM DESMOND
Supervisor, Fifth District
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