No advance notice, no notifications: Sheriff’s Office clarifies ICE interaction at County jail
The Santa Clara County Sheriff’s Office is aware of recent community concerns following an incident involving federal immigration agents at the Elmwood Correctional Facility in Milpitas. Over the past several weeks, we have observed an increase in the presence of ICE agents at County facilities and the Superior Court. We are providing this clarification to promote transparency and address misinformation.
Last week, ICE agents arrived at the public lobby of Elmwood Correctional Facility (West Gate) to detain an individual scheduled for release. In this incident, three plainclothes agents entered the lobby and provided the name and release date of the specific incarcerated person. A deputy at the front desk confirmed the information, which is publicly accessible through the Sheriff’s Office inmate locator, public court records, and various state and federal databases.
Upon release, the man was taken into custody by ICE agents in the lobby and in the presence of his wife. The Sheriff’s Office did not assist in the arrest, nor did we provide advance notification to ICE. We cannot and do not contact ICE to inform them of upcoming releases, in accordance with California’s Values Act (SB 54) and Santa Clara County policy.
There have been at least four instances where ICE has arrested individuals upon release from custody. Federal agents have also been seen at the Clerk’s Office at the Hall of Justice and have apprehended individuals outside the courthouse as they arrived for or left from court appearances.
We understand these events can cause distress. However, we are legally obligated to provide equal access to publicly available information — whether the request comes from a family, friends, or any law enforcement agency. We do not profile or selectively withhold this information.
“The Sheriff’s Office is committed to upholding the law in accordance with applicable federal, state, and County policies,” Sheriff Bob Jonsen said. “We prioritize public safety while ensuring everyone’s rights and dignity are respected.”
To be clear:
• We do NOT provide ICE with advance notification of releases.
• We do NOT enforce civil immigration actions or detainers.
• We do NOT share criminal history with ICE for civil immigration purposes.
• We DO comply with valid arrest warrants and court orders signed by judges, as required by law.
• We WILL assist any law enforcement agency, including federal authorities, in urgent emergency situations.
ICE agents, like any member of the public, are legally allowed to be in public areas of our facilities without notice. The Sheriff’s Office cannot prevent or interfere with the actions of another law enforcement agency operating within the law. Attempting to do so would be in violation of our sworn responsibility to uphold both the U.S. and California constitutions.
We recognize this is a sensitive and emotional issue. We encourage those with concerns to seek support through Santa Clara County’s immigrant resources. To learn more about our role in immigration enforcement, see our FAQs.