In response to U.S. Immigration and Customs Enforcement (ICE) officials serving subpoenas, the San Diego County Sheriff’s Department will comply with federal court orders to provide migrant-arrest data. The state of California’s sanctuary state legislation has been fighting to shield this information from going into the hands of ICE. The announcement was made by the Sheriff’s office on Thursday, February 20.
In specific, ICE wanted information on four recent cases in which Mexican nationals who are not authorized to be in the country were arrested. Since California became a sanctuary state ICE has not acted with such force. This is the first time the agency has taken such a proactive and bold move in the state.
California authorities were not cooperating with federal immigration policy or federal authorities due to the passage of Senate Bill 54 in 2017. SB 54 prevented local law enforcement agencies in California from complying with and enforcing immigration law. According to the sheriff’s department, the change in approach came about because the authorities in the state were “obligated to comply with lawfully issued subpoenas.”
Prior to the subpoenas, the U.S. Department of Homeland Security was simply asking for information from the sheriff’s department. San Diego County authorities were not compelled to provide USDHS with that information. The subpoenas changed everything as a federal authority is now forcing authorities in San Diego County to provide the records requested. If the sheriff’s department fails to provide the requested documents they can be punished by contempt of federal court.
The subpoenas are only asking for the information on the suspects. They are not requesting that the individuals in question be transferred to the federal government. ICE maintains that most of the law enforcement officials across the country provide them with information on those arrested who are not in the country legally without any issue. California’s sanctuary policies have made it very difficult for ICE to do their job.
Who are the Four Cases?
The four cases about which ICE seeks to obtain information from San Diego authorities include:
- A 40-year-old male arrested by the San Diego Police Department for sexual abuse on children under the age of 14. This man also has two DUI convictions and has been deported back to Mexico 11 times. He remains in the US in the county jail.
- A 42-year-old male arrested for robbery. He also was convicted of methamphetamine possession in 2013. After being granted voluntary departure, the man refused to leave the country. Due to sanctuary laws in the state, he was not held in custody but was instead released into the general population.
- A 31-year-old male arrested for battery of his spouse and false imprisonment. He also had a prior conviction for possessing false government identification. Deported three times, he was released in the state.
- A 28-year-old male arrested for assault with great bodily injury, child cruelty, and battery of his spouse. Additionally, he was previously arrested for spousal battery and has been repeatedly deported. He remains in custody.
Similar to the way that ICE is acting in California, similar subpoenas were issued in Connecticut, Denver, and New York. Failure to comply will result in immigration officers seeking a U.S. District Court Order requiring compliance.
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David M. Boertje is a San Diego criminal defense attorney who has extensive knowledge of criminal law in California and will fight to protect the rights of those facing major criminal charges in the state.
When you are looking at jail time, expensive fines, and the smearing of your reputation, do not hesitate to call and schedule your free consultation with one of our Carlsbad criminal defense lawyers at the Law Offices of David M. Boertje today. We can be reached at (619) 229-1870 for our San Diego office or (760) 476-0901 for our Carlsbad location.