San Diego passes 'super sanctuary' ordinance closing 'loophole' for deporting felons

(The Center Square) - The San Diego County Board of Supervisors voted to ban county cooperation with federal immigration officials, which the San Diego Sheriff said she would not comply with, citing her independent, elected authority over county jails.

Under the current California “sanctuary” law passed by former Gov. Jerry Brown in 2017, local authorities can only cooperate with federal Immigrations and Customs Enforcement authorities for a defined set of severe crimes, such as child abuse or torture.

“This loophole has allowed the transfer of some individuals to ICE and notifications to ICE of release dates, leading to the deportation of our community members and the separation of families in our region,” said the county ordinance.

San Diego Sheriff Kelly Martinez noted Gov. Gavin Newsom has vetoed expansions to the state’s sanctuary law, and has sole power over the county jails her department operates.

Martinez also said the policy would put undocumented immigrant victims of crime at further risk of crime by other undocumented immigrants.

“While protecting the rights of undocumented immigrants is crucial, it is equally important to ensure that victims of crimes are not overlooked or neglected in the process,” said Martinez. “Victims include undocumented individuals – these vulnerable individuals express to me that their legal status is used as a weapon against them when offenders from their community victimize them.”

In 2023, Newsom vetoed, for the second time, a bill that would have banned California prisons — to which individuals are sent only after conviction — from cooperating with ICE, saying “current law strikes the right balance on limiting interaction to support community trust and cooperation between law enforcement and local communities,” in his veto letter.

Martinez cited Newsom’s words supporting existing boundaries of the state’s “sanctuary” law and said she will “continue to follow state law.”

The Sheriff’s Office then stated it “will not change its practices based on the Board resolution and policy that was passed at today's meeting” because “the Sheriff, as an independently elected official, sets the policy for the Sheriff's Office,” and state law “prohibits the Board of Supervisors” from interfering with the sheriff’s designated functions.

The ordinance passed 3-1, with the sole vote against the policy coming from Supervisor Jim Desmond, the sole Republican on the board.

“Today’s outrageous decision to turn San Diego County into a ‘Super’ Sanctuary County is an affront to every law-abiding citizen who values safety and justice,” said Desmond in a statement on X. “This reckless measure not only goes far beyond California's already extreme Sanctuary State laws but actively endangers our communities by shielding illegal immigrant criminals from deportation. Consider this: under this policy, law enforcement is prohibited from notifying ICE about individuals, in custody, who have committed violent and heinous crimes, including: Rape and stalking, Assault and battery, Burglary, Child abuse and more.”

President-elect Donald Trump’s new border czar Tom Homan told The Center Square penalties on sanctuary jurisdictions are on the table for getting law enforcement to follow federal immigration law.

While Martinez’ statement of noncompliance suggests little material change may result from the action, the county’s ordinance could put much of its federal funding at risk under the coming Trump administration. 48.5% of San Diego County’s $8.5 billion budget comes from the federal government.