The move is seen as a challenge to California’s sanctuary state law.
In California, a state law known as SB 54 generally prohibits state and local law enforcement officials from using personnel or funds to hold, question or share information about people with federal immigration agents — unless those individuals have been convicted of a crime from a list of 800 crimes in a 2013 state law. This law has made California into a “sanctuary state,” and has both supporters and detractors. Its stated goal was to ensure that law enforcement could continue to target dangerous criminals, rather than focusing time and money on otherwise lawful residents who are undocumented.
However, like many hot button political issues, the question of whether California should be offering sanctuary to undocumented immigrants is controversial, particularly in Orange County. This area is home to 3.2 million people, 30% of whom are immigrants. Its leadership has expressed its strong disagreement with the sanctuary state law. Recently, the Orange County Sheriff’s Department announced that it will improve communication with federal immigration authorities (Immigration and Customs Enforcement, or ICE) by publishing the release dates of inmates online.
Prior to the passage of SB 54, the Orange County Sheriff’s Department would screen inmates in its jails to help ICE agents identify any prisoner who may be subject to deportation. After the state law passed, the Sheriff’s Department had to stop this practice. This latest move will allow the Sheriff’s Department to alert ICE about pending inmate releases without violating the state law.
Inmate information for Orange County is already publicly available through a database called “Who’s In Jail.” However, this database will be updated with a specific date that an inmate will be released from custody. It will not include a person’s immigration status.
According to an Orange County criminal defense attorney, this database will include information for anyone who is released from Orange County jail — even if their charges have been dropped or if they have served their sentence in full. This means that a person picked up and subsequently held in jail on a false charge could have their information published on this website, which could then lead to being detained and/or deported by ICE. In this way, otherwise lawful undocumented immigrants could be deported.
The Orange County Sheriff’s Department has generated a substantial amount of revenue from housing undocumented immigrants for ICE as they wait for deportation. It estimates that it receives approximately $27 million annually from ICE through this contract.
While Californians have different opinions about whether SB 54 is a good law, publishing release dates for inmates who may never have been guilty of a crime raises questions about fundamental fairness.
As skilled Orange County criminal defense attorneys, we represent people who have been charged with a wide range of offenses. We stand by your side throughout the process, aggressively advocating for your rights. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or to learn more about how we can help you.
