County sheriff to no longer hold undocumented immigrants eligible for release

Stops complying with U.S. Immigration and Customs Enforcement requests

The Alameda County Sheriff's Office will no longer honor requests by U.S. Immigration and Customs Enforcement to hold suspected undocumented immigrants in jail who would otherwise be eligible for release, joining a growing wave of backlash against the controversial policy.

In a memo Wednesday, sheriff's Capt. Colby Staysa ordered that any inmates held in Alameda County jails who were not being otherwise held for further criminal proceedings be immediately released, and to no longer accept immigration detainer requests from ICE.

The ICE policy of requesting that local law enforcement agencies hold suspected undocumented immigrants for periods of up to 48 hours to be

transferred to ICE custody for possible deportation was implemented in 2009. The holds can be requested no matter the severity of the crime.

Alameda County's move follows Contra Costa County, which halted its compliance with ICE detainer requests last week in response to an April 11 U.S. District Court ruling in Oregon that found that state's Clackamas County liable for a woman's unlawful detention under an ICE request.

ICE officials had clarified that detainer requests "are not mandatory as a matter of law," according to Contra Costa County Sheriff David Livingston, so his office stopped compliance.

The Oregon order noted that ICE's legal stance on whether it can require the holds may be shifting, because after 2010 the agency stopped using the word "require" in its requests to law enforcement agencies.

Some counties had already placed limits on the requests, including San Francisco, which mandated that the requests only be honored in cases of serious or violent offenses.

Gov. Jerry Brown last October signed similar statewide legislation, the TRUST Act, that took effect in January, instructing law enforcement agencies not to comply with the policy unless the inmate has a serious criminal history.

Santa Clara County, which debated the controversial policy late last year, has a policy of not cooperating with the hold requests unless ICE pays for the cost of continued detainment.

ICE officials had little to say today about the court rulings and recent announcements.

ICE spokeswoman Virginia Kice said in a statement that ICE "will continue to work cooperatively with law enforcement partners throughout California as the agency seeks to enforce its priorities through the identification and removal of convicted criminals and others who are public safety threats."

Immigrant rights advocates hailed Alameda County's decision as a victory against what they have called the unconstitutional detention of undocumented immigrants under the policy.

"Today is a victorious day for immigrant communities and the values of due process and equality under the law in this country," the Alameda County United in Defense of Immigrant Rights coalition said in a statement Wednesday.

"We call for continued dialogue so that we can ultimately end all entanglement between our local law enforcement and ICE's cruel deportation machinery," the statement said.

Immigration rights group Causa Justa said that 2,377 Alameda County residents have been deported as a result of the sheriff's office's cooperation with the ICE policy.

Scott Morris, Bay City News

— Bay City News Service


Like this comment
Posted by Charlie Brown
a resident of Pleasanton Valley
on May 23, 2014 at 8:38 am

Now, isn't that special! We wouldn't want to use that "cruel deportation machinery". Lets just talk and during that process millions more can sneak in and impact schools, hospitals, etc. and keep the jails available. We are insane.

Obviously I must be a bigot, and a raciest. I was going to say Patriot but one must be alert for the IRS and the NSA when making comments counter to the Obama policies.

Like this comment
Posted by William Tell
a resident of Another Pleasanton neighborhood
on May 23, 2014 at 8:55 am

(Post deemed inappropriate by Pleasanton Weekly Online staff)!

Like this comment
Posted by This
a resident of Birdland
on May 23, 2014 at 9:03 am

This is the same Sheriff who refuses to issue concealed weapons permits to law abiding and certified citizens even though he is required to do so by law.

Like this comment
Posted by Citizen
a resident of Another Pleasanton neighborhood
on May 23, 2014 at 9:06 am

Since when are illegal aliens protected under the US Constitution!!? (Comment partially removed by Pleasanton Weekly Online staff)

Like this comment
Posted by john
a resident of Another Pleasanton neighborhood
on May 23, 2014 at 9:20 am

Why not let as many Mexicans, Colombians, Guatemalans, Chinese, Indians, or whomever else come into the country and become citizens as want to become citizens. Protectionism never works. Protectionism prolonged the great depression. Don't fear change.

Like this comment
Posted by Cornsow
a resident of Another Pleasanton neighborhood
on May 23, 2014 at 9:28 am

Your import Mexico, you become Mexico. You want the Tri-Valley to become Tijuana?

Like this comment
Posted by Impeach
a resident of Dublin
on May 23, 2014 at 9:31 am

Impeach this Sheriff. We are pro immigration; this is a country of immigrants. We must enforce our laws on whoever enters this country illegally. These illegal aliens (NOT undocumented immigrants) must be deported. They can enter this country legally, by following the U.S. law, i.e. file immigration papers and wait for approval.

Like this comment
Posted by liberalism is a disease
a resident of Birdland
on May 23, 2014 at 10:38 am

liberalism is a disease is a registered user.

John, you couldn't be more naive. You sound like Obama, who wants policies to reflect the way he thinks the world works. Problem is, he has no clue, in his sheltered enclave of leftists. Maybe if you and he lived in the real world, had jobs, private property you want to protect, a family you genuinely care about and wanted a higher quality of life, you might feel differently about the alien hordes invading our cities.
So, tell me again why the policy of holding alien criminals in controversial? (Comment partially removed by Pleasanton Weekly Online staff)

Like this comment
Posted by William Tell
a resident of Another Pleasanton neighborhood
on May 23, 2014 at 10:51 am

(Post deemed inappropriate by Pleasanton Weekly Online staff)

Like this comment
Posted by old guy
a resident of Willow West
on May 23, 2014 at 4:17 pm

Well, according to the comments it seems either we don't have a valid representation of the law abiding citizens or a very conservative clientele of this publication. I don't like the federal government peering over my shoulder and believe in local emphasis on policy and law however this is just plain idiocy to not cooperate with the ICE officials. The pendulum no longer swings back and forth and seems to be stuck in one direction. The last few months have reflected the absolute threat to our right of free speech, the right to own property and now our right to protect ourselves from those who invade (yes invade)our country and state. By the way Charlie Brown you are a patriot. Stay strong, speak your mind. You are right!!

Like this comment
Posted by Cholo
a resident of Livermore
on May 23, 2014 at 5:03 pm

no need to complain about others mes petites because at this time in US history you cannot control who comes and goes into/out of the USA! you cannot afford to build a high enough fence to keep out everybody...i'm enjoying reading the discussion so much that i'm ready to slice up my recently baked berry pie!!!

yum yum plenty! will the bad people who disagree with oh Cholo mio ever learn to accept their FATE? hmmmmmmmmmmmmmmmmmmmmmmmm...?


Like this comment
Posted by liberalism is a disease
a resident of Birdland
on May 24, 2014 at 12:07 pm

liberalism is a disease is a registered user.

True the fences alone are not enough to deter the criminal aliens, but sniper towers would be a good complement to electrified fences. Once the word gets out to the coyotes, at a certain point, you won't even have to turn on the juice or use live ammo. But, in the meantime, enforce the law and carry out justice.

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