Immigration Enforcement FAQs
Frequently asked questions about the Office of the Sheriff’s role in immigration enforcement.
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The Office of the Sheriff is dedicated to working with the Santa Clara County community to keep everyone safe. Our core mission is to serve and protect against oppression, intimidation, deception, violence, and disorder. Above all, we respect the constitutional rights of all in our community to liberty, justice, and equal protection under the law.
When California passed the California Values Act (SB 54) in 2017, lawmakers emphasized that building trust between California’s immigrant community and state and local agencies is crucial to the safety of everyone. We wholeheartedly agree with this.
As your local law enforcement, our job is to enforce the laws of California and Santa Clara County, and ultimately to protect the community by investigating crimes. We are not immigration agents. We serve all members of the community equally, regardless of nationality, language, citizenship, or immigration status.
We follow all state laws that limit cooperation with civil immigration enforcement (like the California Values Act, the TRUST Act, and the TRUTH Act), along with all County and Sheriff’s Office policies.
Our Work in the Community
Does the Sheriff’s Office help with Immigration and Customs Enforcement (ICE) civil immigration enforcement actions, sometimes called “raids”?
No. The Sheriff’s Office does not help with or join in ICE civil enforcement actions or “raids.” California law, County policy, and our own policies make it clear that we don’t participate in those activities. Sheriff’s Office employees are not immigration agents and do not help with civil immigration enforcement actions or “ICE raids.”
Does the Sheriff’s Office arrest people for being undocumented or having civil immigration violations? Does the Sheriff’s Office turn anyone it arrests over to ICE for civil immigration enforcement (deportation)?
No. Sheriff’s Office deputies are not immigration agents. According to California law, County policy, and Sheriff’s Office policy and values, we don’t ask anyone about their immigration status. We don’t make arrests based on civil immigration violations, and we don’t assist ICE with those actions. Community members who come to us to report crimes and assist us with investigations should feel safe and secure that we will not ask for their immigration status or report them to ICE for deportation.
Why doesn’t the Sheriff’s Office help ICE with civil immigration enforcement/deportation?
The Sheriff’s Office regularly works with law enforcement agencies at the local, state, and federal levels to investigate crimes. ICE is a federal law enforcement agency, and when ICE is working on a criminal investigation, we partner with them just like we do with any other law enforcement agency.
However, civil immigration enforcement is different. ICE agents are federal officials whose job is to enforce the United States’ civil immigration laws. While we don’t interfere with their work, the Sheriff’s Office’s job is to protect the community against crimes such as theft, property crime, human trafficking, financial crime, violent crime like carjacking and sexual assault, and much more. We choose not to use County facilities, resources, or staff to help ICE enforce federal civil immigration laws, just like ICE doesn’t use federal resources to investigate local crimes. States and local governments have the right to decide how to use their staff and resources under the U.S. Constitution.
We deeply value the trust we’ve built with the Santa Clara County community, and we know we can’t effectively serve the community without it. To encourage everyone to partner with us in keeping the community safe, each person—regardless of their immigration status—must feel safe when contacting us to report a crime or help us with an investigation. When people are scared that contacting us might lead to immigration issues or deportation, they’re less likely to come forward, and that makes the entire community less safe.
All members of the Sheriff’s Office are committed to enforcing the law equally and serving the public. We recognize and respect the dignity of every person in our community, and we believe everyone deserves to live safely and without fear.
Do city police departments follow the County’s non-cooperation policy?
Cities set their own policies, so they aren’t required to follow the County’s policy. However, our Sheriff’s Office policy applies to all work we do in the community. For example, we provide police services in the cities of Cupertino, Los Altos Hills, and Saratoga, as well as at the Superior Courts and the Valley Transportation Authority transit system. Our policies apply to all work and services the Sheriff’s Office provides across Santa Clara County.
Also, cities still must follow California law, including the California Values Act, which limits how state and local law enforcement can cooperate with ICE.
Policies in the County Jails
Does the Sheriff’s Office honor ICE civil detainer requests? Or does it notify ICE when people in jail are being released so that ICE can pick them up for civil enforcement (deportation)?
No. The Sheriff’s Office does not honor ICE civil detainer requests. These requests from ICE ask us to hold people in jail longer so ICE can decide if immigration agents want to pick them up for deportation proceedings. However, California law, federal court decisions, and County policy prevent us from honoring these requests because they violate a person’s Fourth Amendment rights.
If ICE asks to be notified of a person’s release date from jail so that it can start the deportation process, the Sheriff’s Office will inform the person involved, as required by the TRUTH Act in California law. We do not assist ICE with civil immigration enforcement.
If a person in County jail custody has a civil immigration case or civil deportation order, will the Sheriff’s Office transfer them to ICE custody?
No. The Sheriff’s Office does not transfer people to ICE for deportation based on civil immigration violations. According to California law and County policy, we will only transfer a person from County jail to ICE custody if ICE has a valid court order or arrest warrant signed by a federal or state judge. As required by law, we always comply with valid warrants and court orders signed by federal and state judges—which are usually issued in criminal cases. However, we can’t honor ICE’s “administrative warrants,” which are used for civil immigration enforcement and are not approved by a judge.
Does the Sheriff’s Office hold federal immigration detainees for ICE in the County jail?
No. The Sheriff’s Office has a contract with the U.S. Marshals Service to house people awaiting trial on federal criminal charges, but this doesn’t include holding anyone for ICE for a civil immigration (deportation) proceeding.
Can ICE agents carry out a civil enforcement action at the County jail?
No. ICE agents cannot carry out civil enforcement actions at County facilities. They can’t use our facilities or resources for civil immigration enforcement. The Sheriff’s Office doesn’t allow ICE to interview people in jail for civil immigration purposes, and ICE can’t use any County facility for these kinds of activities.
In compliance with California law and County policy, ICE can lawfully enter the County jail to take custody of a person for a criminal case if ICE has a valid court order or a valid arrest warrant signed by a federal or state judge.
Information-Sharing with ICE
If someone is arrested or booked into the County jail, will the Sheriff’s Office share information from their criminal record with ICE so that ICE can start a civil immigration enforcement (deportation) case?
No. The Sheriff’s Office does not share information from someone’s criminal record with ICE for civil immigration enforcement (deportation) purposes.
Please be aware that ICE has access to certain federal and state-level criminal law enforcement databases. So while we don’t share that information, ICE may still learn about someone’s criminal record, or that they’re being held in County jail through other sources.
Help with Immigration Services Fraud (Notario Fraud)
I hired someone to help with my immigration case, and I think it was a scam. Is there anything I can do?
Yes, the Sheriff’s Office can help you! We’re here to support anyone who has been defrauded by an immigration service provider, or a “notario.” The Spanish term “notario” refers to unauthorized providers who illegally practice immigration law, often taking a client’s money without doing anything helpful or doing poor-quality work. This can hurt a person’s immigration case beyond repair, in addition to cheating them of money.
If you believe you are a victim of immigration services fraud, please e-mail the Sheriff’s Office or call one of the following phone numbers:
- If the crime occurred in South County, call (408) 686-3658;
- Otherwise, call (408) 808-4431.
The State Bar of California, which licenses all California attorneys, also has resources for finding help with immigration.
Finally, the County’s Office of Immigrant Relations has information on many options for free or no-cost immigration legal services.