Information Update on ICE Activities and Policies in Santa Barbara County
March 25, 2017
In response to inquiries from social service agencies and clients, the Legal Aid Foundation of Santa Barbara County believes that the following information is accurate at this time regarding ICE activities and policies in Santa Barbara County:
ICE does have a presence in Santa Barbara County and over the last month has conducted limited, targeted raids to locate, arrest, and deport undocumented residents who have committed a “serious” crime. Other undocumented residents who do not have a criminal record have come into contact with ICE during these targeted raids and have been detained. To the best of our knowledge, the approximate number of persons affected by these raids have been less than 20.
Currently, ICE is not generally authorized to conduct raids at schools, places of worship, hospitals, or other medical facilities. This is an internal ICE policy and is not federal law. However, so far, in the county, it appears that ICE is following this policy and avoiding these places.
We have been told that in discussions with local social service organizations and law enforcement personnel, local ICE officials have said that they will only be conducting targeted raids against undocumented residents who have committed a “serious” crime. So far, to our knowledge, they have followed this stated policy. However, national news reports and immigrant rights organizations confirm that in other areas of the country, ICE officials are targeting individuals who apparently have little or no criminal history violations.
Federal officials have stated that DACA recipients are not being targeted or deported. However, respectable news organizations have reported that at least three DACA recipients or applicants have been detained by ICE in other parts of the nation.
Local law enforcement entities have stated publicly that they are not enforcing federal immigration law. At times, in the interest of public safety, local law enforcement may provide backup to ICE officers who are seeking to detain a “dangerous” criminal. When local law enforcement responds to calls or encounters residents while enforcing the traffic and criminal laws, they are not questioning individuals about their immigration status and they are not contacting ICE if they encounter someone who is undocumented. In the interests of public safety, it is imperative that residents call 911 if someone needs help.
However, ICE is present in the local jail. ICE officers have access to the names, birth places, and other identifying characteristics of every jail inmate. The jail provides access for ICE to interview inmates using the procedures allowed for in the California TRUTH Act.
Local social service agencies and schools are committed to serving and protecting all county residents regardless of immigrant status. It is our recommendation that families who are fearful of deportation continue to send children to school and participate fully in school activities and functions and continue to seek services that they need including medical services, counseling services, and legal services.
We also recommend that any family with an undocumented immigrant member and any family with an immigrant member with legal status who has a criminal record make preparations in case of deportation or detention. Family Preparedness Plans in English and Spanish are available at all Legal Aid offices and at www.ilrc.org. The Legal Aid offices in Santa Maria and Lompoc are able to assist families with necessary forms for the care of children. We also recommend that families consider establishing a relationship with an immigration attorney now to represent in case of deportation.
Finally, each undocumented individual and their families should be aware that committing any criminal offense is the most likely way to come to the attention of ICE and be deported. Criminal offenses that will lead to deportation include driving under the influence of alcohol, domestic violence, and gang involvement.