MAKE MARIN COUNTY AN ICE-FREE ZONE
TELL THE BOARD OF SUPERVISORS TO
Join immigrant friendly communities across the nation:
Adopt an ICE-Free Marin Ordinance!
1. Bar the use of County property, information, resources, and personnel for federal immigration enforcement, except to the extent required by a valid judicial warrant or court order.
2. Establish an effective reporting out system for County Departments to ensure the Board of Supervisors and the public receive timely and accurate information regarding immigration enforcement activity in our community.
3. Require visible identification and forbid the use of facial coverings by law enforcement operating in the County to promote public safety and law enforcement accountability.
AND JOIN US AT THE BOARD OF SUPERVISORS MEETING
Tuesday, April 14, 9:00 a.m.
In Person:
Board of Supervisors Chambers
Room 330, Marin Civic Center
Click the link, then:
Enter the meeting ID: 947 4251 8384.
Enter the password: 352533.
MORE INFORMATION
The No ICE in Marin Coalition (13 Marin County community organizations and growing) has developed a draft ICE-Free Marin Ordinance, modeled on laws and polices enacted in other California jurisdictions to protect our community from cruel and lawless assaults by federal immigration authorities.
Board of Supervisors’ Authority
As the County’s governing body, the Board of Supervisors has broad authority to enact ordinances and policies to protect public health, safety, and welfare. Cal. Const. Art. XI, §7. This includes the power to restrict County assistance to federal immigration authorities, including by the Sheriff.
The California Values Act (SB 54) which governs interactions between local law enforcement and federal immigration authorities expressly reserves the right of local governing bodies to enact greater restrictions on local law enforcement cooperation with immigration authorities than those imposed by State law.
“A law enforcement official shall have discretion to cooperate with immigration authorities [in the limited circumstances prescribed by the Values Act] only if doing so would not violate any federal, state, or local law, or local policy”
Gov’t Code § 7282.5(a) (emphasis added).
The Act contains a similar provision relating to ICE requests for booking logs and other information bearing on arrestees in the Sheriff's custody. “Responses [to ICE requests for booking logs] are never required but are permitted [in the limited circumstances described in the Values Act] provided they do not violate any local law or policy.” Id. §7284.6(a)(1)(C).
It is important to distinguish the Sheriff’s investigative functions in matters involving criminal law enforcement where the Sheriff’s authority is paramount. Gov. Code §25303 (“[the Board] shall not obstruct the investigative function of the sheriff.”) This is a narrow restriction on the Board’s authority in an area specifically reserved to the Sheriff;it is not a blanket exemption for the Sheriff from County regulation. Federal civil immigration enforcement is entirely outside of the Sheriff’s designated criminal investigative functions. The Board therefore has full authority to adopt all laws and policies it deems necessary and appropriate to protect Marin County residents from overreach by federal immigration authorities operating within the County, as the State Values Act specifically anticipates and as many California cities and counties have done.
Thank you for standing up for racial justice in Marin!