SAN DIEGO - The San Diego County Sheriff’s Department announced today that immigrants under their custody will no longer be in jail past their release date because of an immigration hold.
"The Sheriff's Department will no longer hold someone past their release date based on an ICE detainer alone,” said Sheriff Bill Gore in a statement. “The Sheriff's Department will detain someone past their local release date if presented with an arrest warrant based on a probable cause finding by ICE. In cases where ICE has an immigration interest in one of our inmates and no ICE arrest warrant has been presented, we will continue our practice of notifying ICE of the date, time and location of our inmates' release."
According to the Civil Liberties Union (ACLU) the change is attributed to a recent federal court decision, which held that a local jail had violated the Fourth Amendment by granting the detainer request without probable cause or a court-approve warrant.
“This is a huge policy reversal, and a major victory for our communities, one that advocates have been working on for years,” said Homayra Yusufi-Marin, policy advocate for the ACLU of San Diego & Imperial Counties. “We applaud Sheriff Gore’s action recognizing the important values of due process and equality under the law that are foundational to our justice system. This is another step on the path to reform our broken immigration system and promote trust between immigrant communities and local law enforcement.”
San Diego is now the largest county in the country to decide to refuse all detainer requests from ICE. Other counties in California that have made the decision include Sacramento County, which announced the decision today, Alameda, Santa Clara, San Francisco, San Bernardino, Santa Cruz, Monterey and Riverside.