The Santa Clara County Sheriff’s Office has responded to concerns following a situation where federal immigration agents visited the Elmwood Correctional Facility in Milpitas.
“Over the past several weeks, we have observed an increase in the presence of ICE agents at County facilities and the Superior Court,” a spokesperson for the agency wrote in a release. “Last week, ICE agents arrived at the public lobby of Elmwood Correctional Facility (West Gate) to detain an individual scheduled for release. In this incident, three plainclothes agents entered the lobby and provided the name and release date of the specific incarcerated person. A deputy at the front desk confirmed the information, which is publicly accessible through the Sheriff’s Office inmate locator, public court records, and various state and federal databases.”
The man was taken into custody by ICE agents in the lobby, upon release, in the presence of his wife, it said.
“The Sheriff’s Office did not assist in the arrest, nor did we provide advance notification to ICE,” the Sheriff’s Office said. “We cannot and do not contact ICE to inform them of upcoming releases, in accordance with California’s Values Act (SB 54) and Santa Clara County policy.”
In fact, there have now been at least four instances where ICE has arrested people upon release from custody, the law enforcement agency added, noting federal agents have even been seen at the Clerk’s Office at the Hall of Justice and apprehending individuals outside the courthouse as they arrived for, or left from, court appearances.
“We understand these events can cause distress,” the spokesperson said. “However, we are legally obligated to provide equal access to publicly available information—whether the request comes from a family, friends, or any law enforcement agency.”
They say they don’t profile people or selectively withhold information.
“The Sheriff’s Office is committed to upholding the law in accordance with applicable federal, state, and County policies,” Sheriff Bob Jonsen said. “We prioritize public safety while ensuring everyone’s rights and dignity are respected.”
Here are other things he claims they don’t ever do:
• Provide ICE with advance notification of releases.
• Enforce civil immigration actions or detainers.
• Share criminal history with ICE for civil immigration purposes.
• Comply with valid arrest warrants and court orders signed by judges, as required by law.
However, they point out they will “assist any law enforcement agency, including federal authorities, in urgent emergency situations.”
“ICE agents, like any member of the public, are legally allowed to be in public areas of our facilities without notice,” the Sheriff’s Office spokesperson said. “The Sheriff’s Office cannot prevent or interfere with the actions of another law enforcement agency operating within the law. Attempting to do so would be in violation of our sworn responsibility to uphold both the U.S. and California constitutions.”
Those with concerns are directed to seek support through Santa Clara County’s immigrant resources. To learn more about their role in immigration enforcement, see the FAQs on their website.
