Title
a. Receive a report from the Sheriff's Office related to Immigration and Customs Enforcement (ICE)'s access to individuals; and
b. Receive and consider public comment.
Report
RECOMMENDATION:
It is recommended the Board of Supervisors:
a. Receive a report from the Sheriff's Office related to Immigration and Customs Enforcement (ICE)'s access to individuals; and
b. Receive and consider public comment.
SUMMARY:
Assembly Bill 2792, the Truth Act was signed into law in 2016 and became operative January 1, 2017. The Truth Act, requires a local law enforcement agency, to provide inmates with a written consent form prior to an interview with Immigration and Customs Enforcement (ICE), to provide inmates with copies of any ICE requests, provide inmates with information as to whether the agency will comply with ICE requests, and provide the inmate with copies of any information the agency shares with ICE. The Truth Act also requires the local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year, to hold at least one public community forum during the following year, as specified, to provide information to the public about ICE's access to individuals and to receive and consider public comment.
During 2017, ICE had access to inmates in the Monterey County Jail (the Jail). Pursuant to Government Code Section 7283(d), "ICE access" means, for the purposes of civil immigration enforcement, including when an individual is stopped with or without their consent, arrested, detained, or otherwise under the control of the local law enforcement agency, all of the following:
1) Responding to an ICE hold, notification, or transfer request.
2) Providing notification to ICE in advance of the public that an individual is being or will be released at a certain date and time through data sharing or otherwise.
3) Providing ICE non-publicly available information regarding releas...
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