Orange County Sheriff Don Barnes has launched an investigation into his own department amid reports that deputies improperly cooperated with ICE outside a county jail, something that’s strictly limited under California law.
The probe comes after local immigration advocates last month warned of a 45-day ICE surge ramping across Southern California with Anaheim officials reporting potential activity in Garden Grove, Orange and Costa Mesa early Friday morning.
“Along with our region, Anaheim is seeing increased federal immigration enforcement activity since early October. We urge a high level of awareness for those concerned,” reads Anaheim’s immigration update page.
Surveillance video from the sheriff’s department on Halloween showed ICE agents parked on a public street outside the county jail who were met by a deputy exiting the county jail and having a brief conversation, according to a Friday news release from the sheriff’s department.
“The department identified a Deputy and Sheriff’s Special Officer (SSO) exiting the Intake Release Center, approaching the black SUV, and appearing to have a five second conversation with the people in the vehicle,” reads the release.
“Shortly after the Deputy and SSO left, a second vehicle arrived. ICE agents exited both vehicles and entered the public courtyard outside the visitor’s entrance. The ICE agents contacted and arrested a man who appeared to be hiding in the public courtyard.”
At least two employees have already been placed on administrative leave according to Barnes’ news release.
While the sheriff’s department is barred from transferring prisoners directly to immigration authorities under California law, sheriffs can notify them when prisoners with immigration holds who’ve been convicted of a serious felony are released so that federal officers can pick them up outside the jail.
Last year, the sheriff’s department notified ICE of over 300 prisoners being released, and they were taken into ICE’s custody 271 times.
While Barnes has repeatedly spoken out about concerns over the state Sanctuary Laws, claiming it leads to more immigration raids in neighborhoods to compensate for the lack of coordination between law enforcement agencies, he’s also said he will abide by those laws.
“I will fully cooperate with ICE to the extent the law allows to prevent serious criminal offenders from returning to the communities they have preyed upon. Personnel acting outside the law and Department policy will be held appropriately accountable,” Barnes wrote in a Friday statement.
“We will enforce state and local laws equally, without bias, and without concern for anyone’s citizenship,” he continued. “I want the community to continue to feel safe in calling for assistance, reporting crime, and visiting the jail regardless of their immigration status.”
The investigation also comes as police oversight commissioners in Santa Ana this week called for a probe into the arrest of two ICE observers outside of the city’s police headquarters while they were tracking ICE agents last month.
The arrest sparked scrutiny on how cooperative police in OC’s only Sanctuary City are with federal agents, with both the city’s subsequent own legal analysis and the county’s District Attorney’s office finding there was not enough evidence to charge the advocates with a crime.
“We are reviewing the circumstances surrounding the arrests, including the decision-making process, supervisory oversight, and the importance of protecting constitutional rights,” Santa Ana Police Chief Robert Rodriguez said in an email Friday.
“We have a responsibility to examine our actions and acknowledge opportunities for improvement. That is what we intend to do.”
