How ICE operations impact San Diego County jails
Jan 22, 2025
SAN DIEGO (FOX 5/KUSI -- Questions of ICE raids, sweeps and enforcement in San Diego is at an all-time high as President Trump makes sweeping border and immigration changes in his first days in office.
San Diego County Sheriff Kelly Martinez said she will not be following the San Diego County Board of Supervisor's policy, which would prevent the county to use its resources and funding to assist federal immigration agents with deportations. Supervisors voted 3-1 on the policy in December.
Supervisor Jim Desmond, who voted against it, called the move as making San Diego County a "super sanctuary county."
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“Immigration is a federal authority not a local authority," Martinez told FOX 5/KUSI's Zara Barker in a one-on-one interview Wednesday. “A deputy sheriff will never ask someone’s immigration status, we will never participate in immigration enforcement, that’s not our duty, that’s not our function.”
She explained the process for ICE within San Diego County jails starts with ICE's request to speak with an inmate. If that inmate gives written consent, ICE may speak with the inmate.
Martinez said most inmates give consent to speak with ICE. She said this is the same process an attorney would follow to speak with someone behind bars.
Of the policy, she added, “The minimal communication that we do have with ICE, that would have been eliminated. As Sheriff, I have sole authority over the jails, the Board of Supervisors doesn’t direct operations in our jails and I would honestly feel horrible if I didn’t communicate with ICE on a release date of an individual who had a prior murder conviction or child molestation conviction or some other serious crime and they were released into our community because I didn’t communicate with ICE, and then they reoffended. That’s not a good policy and I’m not going to follow that policy."
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If the inmate has a state-qualifying conviction -- such as a rape, robbery, murder, domestic violence and others -- the Sheriff's department will let ICE know their release date if requested. Once the inmate has served their time for the sentence in county jails, ICE can take them into custody.
Martinez said, in 2023, during the Biden Administration, only 25 of the 153 inmates that qualified to be taken into ICE custody were taken.
She said 50,000 inmates are in San Diego County jail custody each year.
“We’re hopeful that they’ll notify us prior to doing anything any big sweeps, or anything like that. I think they will. We have a good relationship with ICE, that doesn’t mean we can give our communities a heads up," Martinez added.
Immigration attorney Andrew Nietor stated, “There’s a lot of anxiety within the community right now."
He believes San Diego could see raids in workplaces, homes and potential stops on the highways. He said he has already received calls from clients wondering what to do as they go through the process to become a citizen.
“It's difficult for attorneys and other advocates to provide very specific advice because we don’t know what’s going to happen," Nietor said.
He said if people are concerned with any raids or sweeps, it's important to have a back-up plan with your family, on who will take care of your responsibilities, pay bills, pick-up your children from school, etc.
“I'm advising all of my clients that they should have their ID with them, they should have any applications pending with them and, if they have an attorney, they should have their attorney's card with them," he added.
The San Diego Police Department also said they do not enforce immigration laws, and nothing will change on their end with the new administration in office.