Today, Sheriff Kelly A. Martinez issued the following statement related to Chairwoman Vargas’ board letter on adopting a board policy on immigration enforcement. The Sheriff respects Chairwoman Vargas and the members of the Board of Supervisors; however, she has been clear on her position on this matter.
As stated in the Sheriff’s statement, she will continue to follow state law and there is no loophole in state statute as referenced in the Chairwoman’s board letter. Current state law strikes the right balance between limiting local law enforcement’s cooperation with immigration authorities, ensuring public safety, and building community trust.
State law allows for the Sheriff’s Office to share release dates for individuals who are in Sheriff’s custody only if they have qualifying convictions for specific serious, violent, or sex crimes. Government Code 7282.5 gives the authority for law enforcement to cooperate with immigration authorities, as prescribed. This includes the ability to provide information on individuals who have certain convictions which include but are not limited to sexual abuse, child abuse, battery, assault, possession, sale, distribution, manufacture or trafficking of controlled substances.
The San Diego County Board of Supervisors are aware of the Sheriff’s position on this topic, as she has presented to them and the public during the annual Truth Act Forum on her policies and practices when it comes to following state law as it relates to immigration enforcement.
The Sheriff’s Office will not change its practices based on the Board resolution and policy that was passed at today’s meeting.
The Board of Supervisors does not set policy for the Sheriff’s Office. The Sheriff, as an independently elected official, sets the policy for the Sheriff’s Office. California law prohibits the Board of Supervisors from interfering with the independent, constitutionally and statutorily designated investigative functions of the Sheriff, and is clear that the Sheriff has the sole and exclusive authority to operate the county jails.
Statement released by San Diego County Sheriff
