Monterey County is friendlier to ICE than most local agencies Eleven inmates turned over to the feds last year

OPINION |

By Royal Calkins

With the Trump administration hoping to drive millions of dark-skinned men, women and children out of the country as soon as the government has a grasp of the challenge, precisely how things will proceed in Monterey County and other areas remains somewhat unsettled.

Local law enforcement agencies seem to have differing opinions of how they should either assist or resist federal authorities from Immigrations and Customs Enforcement (ICE) or how aggressively ICE agents will target our friends, neighbors and employees. That information void adds to the anxiety, of course, even though advocates for the county’s many Latino residents have now had months to get the population prepared at least to some degree.

Various helpful agencies have flooded immigrant-heavy neighborhoods with spoken and written instruction on how undocumented immigrants can protect themselves from arrest and quick deportation, mainly by avoiding  immigration agents and avoiding any level of cooperation with the feds.

At workplaces and schools, advocates statewide have distributed thousands of red cards that, in English, Spanish and other languages, provide the holders with a long list of rights. Your rights. Their rights. Based on discussions with several advocates and organizations, much of the advice for non-citizens follows common themes.

– For instance, you don’t have to identify yourself to an immigration agent. 
– You don’t have to answer questions about yourself or your immigration status. 
– You don’t have to let them into your home unless they have a legally produced warrant with your name or address on it and signed by a judge.
– If you can’t read or speak English when they come, try to find someone who can.
– Don’t answer questions. 
– Don’t lie to the agents.
– Don’t show them your driver’s license unless you have been pulled over while driving.
– Don’t run away. Walk away if you can.
– Don’t say where you work or where you live. 

California Attorney General Rob Bonta has issued several bulletins detailing California law enforcement’s obligations under SB 54, state legislation that prohibits the use of state and local resources to assist with immigration enforcement. Among the rules:

• California law enforcement agencies are prohibited from investigating, interrogating, detaining, or arresting anyone for immigration enforcement purposes.
• California law enforcement agencies cannot honor transfer and notification requests or provide information regarding a person’s release date except in limited circumstances.
• California law enforcement agencies may not allow officers to be supervised by federal agencies or deputized for immigration enforcement purposes.
• California law enforcement agencies are prohibited from participating in joint law enforcement task forces where the primary purpose of the task force is immigration enforcement. 

Nothing in SB 54 prohibits a California law enforcement agency from investigating, detaining, or arresting individuals for criminal activity under state or federal law.

Some employers and labor contractors are likely to cooperate with immigration agents and provide some of your details. Again, walk away if you can. If they ask your name, don’t answer. Even if you trust your employer or contractor, try to get your pay before you leave the area.

Make sure you know how schools will handle things if agents raid classrooms. Make sure your children know where to find you or whom you should see if you or they are led away. Make sure your relatives know how to find you in the system if you are arrested.

Often, things will get more complicated if local law enforcement is involved. Many California cities and counties have declared themself sanctuary cities, but the words don’t always mean the same thing. Generally, sanctuary status means local police or deputies aren’t going to arrest people for allegedly being undocumented, or help ICE identify or locate undocumented people in the community but at least some uniformed officers will be likely to assist the feds despite prohibitions.

A smattering of California sheriffs, mostly fans of Donald Trump, have said that they will cooperate with ICE to varying degrees. But most, including Monterey County, are largely adhering to the dictates of SB 54.

Monterey County officials have performed significant outreach in various communities around the country and have made it clear that sheriff’s deputies won’t be helping the feds apprehend anyone.

The case within the county jail is a different story, however.

In 2024, the Sheriff’s Office turned 11 jail inmates over to immigration officials after, they say, they determined that each of them had a serious felony conviction or warrant on their records. Santa Cruz County authorities, on the other hand, turned over none.

Unfortunately, and this applies nationally as well, neither federal nor local officials routinely disclose the names of people detained by or handed over to the feds. That makes it almost impossible for the media or advocacy groups to determine if the stated arrests or warrants are valid. This, of course, enables the Trump administration to say what it wants about them, to label them all felons, child molesters — whatever they decide to say. Trump’s people have insisted that, for a start, they are mainly targeting people who have been convicted of serious crimes.

During a presentation to the county Board of Supervisors last month, sheriff’s officials said they didn’t know how many of the 11 allegedly undocumented had been convicted of crimes and how many had not been tried.

Michelle Welsh, a local lawyer who has represented the ACLU and other activist organizations, said she suspects that at least some of the 11 had not been convicted.

“Given the seriousness of some listed crimes, it appeared obvious to me that some of the releases were based on mere charges of the crimes, not convictions,” Welsh said. She noted that most of those who were deported were not likely to have been convicted of serious felonies because they would have already been sent off to state prison.

According to local advocacy groups, almost all law enforcement agencies in the county have agreed not to assist ICE with any roundups and only the Sheriff’s Office plans to turn people over to the feds. Sheriff Tina Nieto says federal and state law gives her no choice.

“The law is the law,” she said last week.

Advocacy groups are lobbying other county officials to stop turning anyone over to ICE. During the tenure of the former sheriff, Steve Bernal, ICE was provided with workspace in the jail. Nieto eliminated that but said her power to resist the feds is slight beyond that.

Welsh says she and others disagree with the sheriff about limits on her legal authority, but are concentrating their lobbying efforts on the Board of Supervisors. She agreed that the supervisors can’t force a policy on the sheriff but said the board can cut off funding to her department for any activities helpful to the administration. San Mateo County supervisors voted this year not to finance any efforts to comply with Trump’s decrees on the subject.

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