(NewsNation) — A new policy prohibiting San Diego County law enforcement from contacting ICE without a warrant when they have illegal immigrants accused of serious crimes in their custody is now in effect, giving the county what one local official calls “super sanctuary” status.
The San Diego Board of Supervisors voted this week to approve a resolution that gives immigrants accused or convicted of offenses like rape and kidnapping more protection than they have under California’s existing sanctuary laws. While the state law carves out certain scenarios that allow local and federal officials to communicate, the county ordinance adds another layer of bureaucracy, opponents say.
That concerns Jim Desmond, the lone county supervisor to vote against the ordinance. Desmond, a Republican who coined the “super sanctuary status,” says the ordinance makes it easier for immigrants charged with heinous or “high-end” violent crimes, gang activity or weapons offenses to return to San Diego County streets.
Now, with county officials suddenly required to obtain a warrant from a state or federal judge to contact ICE, the extra step, provides illegal immigrants with an extra layer of security that wasn’t there before.
“The message is that your neighbors are going to be less safe and that your government is putting the rights of people that are here illegally committing crimes ahead of yours,” Desmond told NewsNation.
San Diego’s unique sanctuary status
California is one of 13 states that hold sanctuary status designed to protect immigrants and asylum-seekers who entered the U.S. illegally. By doing so, every county throughout the state is considered a sanctuary county, which limits interaction between local and federal immigration officials.
However, considering San Diego’s proximity to the U.S.-Mexico border and the number of illegal crossings since 2022, President-elect Donald Trump and his “border czar” Tom Homan have targeted sanctuary states and cities that they say complicate mass deportation efforts of the incoming administration.
In addition to the high number of illegal border crossings, San Diego — the largest city along the southern border — remains among the highest rates of human trafficking cases and the entry of fentanyl in the U.S., Desmond said. But those designations didn’t stop county supervisors from changing county policy.
Chairwoman Nora Vargas said that the new ordinance ensures local resources are focused on addressing urgent county needs while also protecting families and promoting community trust.
“Our county will not be a tool for policies that hurt our residents,” Vargas said, according to NBC 7 in San Diego.
Illegal immigration has remained a point of contention in San Diego County where 116 people requested to speak on the topic at this week’s meeting, KPBS reported. Another 539 residents submitted written comments with about 300 lending support to the new measure and 200 opposing the proposed measure.
Desmond said that since 2022, illegal immigration has “dumped” about 155,000 migrants and asylum-seekers on San Diego County streets. At the meeting, he cited three California cases of violence allegedly committed by illegal immigrants. Among the cases was that of San Jose resident Bambi Larson, who was stabbed in her home in 2019 by a man who police said was in the U.S. illegally.
San Jose Police said that the suspect in the case, Carlos Eduardo Arevalo Carranza, was an admitted gang member who had a lengthy criminal record. Desmond said he was released from custody because of California’s existing sanctuary laws.
Desmond said San Diego County has spent $5 million in the past three years to provide legal counsel to illegal immigrants facing deportation. He said the spending prioritizes illegal immigrants over immigrants who are here legally as well as local residents. Desmond called the new policy “flawed and reckless” and said it “endangers every member of our community.”
“These tragedies are preventable, but sanctuary laws allow them to happen, by allowing illegal criminals back into our communities instead of the hands of ICE,” Desmond told supervisors.
The San Diego County Sheriff responds
Soon after this week’s Board of Supervisors vote, San Diego County Sheriff Kelly Martinez, a Democrat, issued a statement saying the department will not change its policies based on the board’s actions.
“As Sheriff, I will continue to follow state law,” Martinez said. “I believe it is crucial for every member of our region to live with dignity, security and the opportunity to thrive.”
Martinez cited the state law that allows her office to share the release dates of inmates who are being held and who have “qualifying convictions”. She said supervisors were aware of her position and said state law prohibits the body from interfering with the functions of her office.
Martinez said her top priority remains on protecting the safety of all residents of San Diego County’s diverse region.
“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,” Martinez said. “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.”
What happens next
Like other public officials, Desmond expects illegal border crossings to drop after Trump takes office on January 20.
He said that regardless of political affiliation, officials in San Diego County want to see its border with Mexico better secured. Desmond told NewsNation that he is in favor of immigrants entering and remaining in the United States legally.
However, while he said that his fellow supervisors are in favor of the deportation of immigrants convicted of serious crimes, the new county policy creates roadblocks in the cooperation level between county and federal officials.
That, along with putting the safety of county residents in jeopardy, remains among Desmond’s frustration with this week’s board vote.
“A lot of people are fed up,” Desmond told NewsNation. “We want change. Everyone wants change. It’s a safety issue. We want immigration, but we want people to do it legally …rather than people crossing the border and jumping to the front of the line.”
