SHERIFF’S DEPT. TO COMPLY WITH FEDERAL SUBPOENAS
The San Diego County Sheriff’s Department is set to turn over to a federal immigration agency information about four Mexican men wanted for deportation — a move the department said was an obligation in the face of “lawfully issued subpoenas” served last week.
U.S. Immigration and Customs Enforcement served the subpoenas last Friday, seeking jail and arrest records for the four men, two of whom are in county custody and two of whom were recently released.
The men were arrested on charges including sexual assault of a child, robbery, battery of a spouse and assault with force.
The subpoenas, which are the first of their kind in the state, are part of a new Trump administration tactic that ICE has characterized as necessary to obtain information in cities and states with laws in place that broadly limit cooperation between local law enforcement agencies and federal immigration agencies such as the Department of Homeland Security, which includes ICE.
“While the Sheriff’s Department does not enforce immigration laws, we are obligated to comply with lawfully issued subpoenas,” the department said in a statement.
The statement noted that while the California Values Act, which limits cooperation with DHS, does not contain explicit language that prohibits or authorizes compliance with lawful federal subpoenas, the agency “is using federal statutory authority” to compel the Sheriff’s Department to provide the requested records.
Failing to do so could land the department in contempt of court.
Sheriff Bill Gore did not provide further comment Thursday evening. The department said he would be available to answer questions this morning.
ICE previously said it lodged immigration detainers with the Sheriff’s Department for all four men, which were ignored “due to California sanctuary state laws.” The Sheriff ’s Department’s statement noted that the subpoenas seek documents, not detainers or the transfer of detainees to ICE custody.
ICE began issuing subpoenas to other law enforcement agencies last month. The response has been mixed. In Denver, U.S. Department of Justice attorneys on Feb. 6 filed a motion on behalf of ICE to compel Denver’s sheriff to comply with subpoenas after the city refused, according to news reports. In Oregon, the Washington County Sheriff ’s Office on Tuesday said it would comply with subpoenas it received from ICE.
david.hernandez@ sduniontribune.com