Feb. 6 was a confusing and worrisome day for undocumented peoples in Santa Barbara County. The Los Angeles Field Office of Enforcement and Removal for Immigrations and Customs Enforcement (ICE) swept a seven-county area and arrested at least 160 undocumented immigrants, including five in North Santa Barbara County. The operation coincided with raids throughout the country that netted more than 600 people across 12 states.
Social media was abound with talk of ICE setting up checkpoints in the rural parts of the county, but agency spokeswoman Virginia Kice told the Sun those rumors were unfounded.
Concluding five days later, the operation—which Kice said was planned before Donald Trump’s inauguration—put local undocumented populations and advocates on edge. A recent USA Today analysis showed that 74 percent of those who were detained in the operation had been convicted of a crime, as opposed to 90 percent of those detained by ICE in 2016 under former President Barack Obama.
A Jan. 25 executive order signed by Trump expanded the scope of removal priorities from violent criminal offenders to anyone convicted of a crime such as identity fraud or driving under the influence (DUI).
The people arrested in February were previously deported Mexican nationals with prior convictions involving a DUI or domestic violence, according to data provided by Kice.
The raids and the election of Trump—who campaigned on promising to deport millions—have helped increase the anxiety among local undocumented peoples. However, there may be reason to breathe easy as local police agencies, organizations, and elected bodies have taken steps to assist and welcome those who aren’t legal residents.
‘Sanctuary’ jurisdictions
The term “sanctuary city” is more of a political term than a legal one. According to The Economist, it widely refers to a jurisdiction that refuses to cooperate with federal immigration authorities or use official funds to enforce federal immigration law.
California has a history of local governments passing sanctuary resolutions. In the U.S., according to the East Bay Express, the first such resolution to refer to a sanctuary was passed on Nov. 8, 1971, in Berkeley, to protect sailors in the U.S. Navy who didn’t want to deploy to the Vietnam War.
Trump said he wouldn’t deport “DREAMers,” or the children and young adults who came to the country illegally as infants through no choice of their own. They would’ve been granted permanent residence provided certain conditions were met under the DREAM Act, first proposed by congressional lawmakers in 2001, but the act failed to pass.
A handful of school jurisdictions in Northern Santa Barbara County recently adopted resolutions intending to protect their students from deportation.
On Jan. 10, the Santa Maria Joint Union High School District passed a “safe haven” proclamation, establishing every district site as a “safe and welcoming place for all students and their families.”
On Feb. 14, Allan Hancock College reiterated its previous laws with a diversity resolution that “reaffirms its commitment to the values of inclusion, diversity, open discussion, and success for all students.”
The local efforts echo state legislation like AB 540, a law passed in 2001 that protects undocumented students from being detained, questioned, or arrested by campus police based on suspected immigration status. Schools are also required to protect student records from law enforcement, except in the case of a court order.
On March 8, the Santa Maria-Bonita School District board of trustees passed a resolution, stating it “is committed to the success of all students irrespective of their immigration status or citizenship, and believes that every school site should be a welcoming place for all students and their families.”
Additionally, an ICE memo from 2011 states that enforcement actions aren’t to occur in “sensitive locations” like schools and churches, except for special circumstances, such as life-threatening emergencies.
California Senate President Pro Tem Kevin de Leon (D-Los Angeles) proposed Senate Bill 54 in January, which would make California a sanctuary state. But the proposed bill has drawn criticism from police who say it would prevent them from pursuing violent criminals, according to the Los Angeles Times.
Although Lompoc and Santa Maria haven’t passed any sanctuary resolutions, local law enforcement agencies have told the Sun they aren’t doing ICE’s job, either.
‘We don’t enforce federal immigration laws’
Santa Maria Mayor Alice Patino has repeatedly said over the years that her city isn’t a sanctuary city. Lompoc has no such status either, City Administrator Patrick Wiemiller confirmed.
However, local police chiefs have made it clear that their departments are not interested in immigration status and won’t enforce federal immigration laws.
Instead, they care more about crimes committed against undocumented peoples.
“For their own well-being and the good of the entire community, we want undocumented people to report any crimes that they witness or are victimized by,” said Santa Barbara County Sheriff Bill Brown in an emailed statement to the Sun.
“The Sheriff’s Office does, however, cooperate with ICE to the extent permitted by state law—to assist them in taking custody of criminal aliens who have committed serious offenses,” Brown said in the statement.
A public notice issued by Santa Barbara County on March 6 confirmed that county officials notify ICE when inmates will be discharged, but can’t legally honor ICE’s request to detain undocumented immigrants once their cases have been resolved.
When they are detained, even undocumented immigrants have certain rights. In the 1896 case of Wong Wing v. the U.S., the U.S. Supreme Court ruled that even non-citizens are entitled to constitutional rights in criminal proceedings.
Due process
Paso Robles-based attorney Kevin Gregg said undocumented immigrants have two options when detained by ICE for deportation—they can voluntarily leave immediately, or they can request a hearing before an immigration judge.
Those hearings happen in an administrative law court, Gregg explained, not like a regular criminal or civil court, but the judges can ultimately give deportation orders. This allows detainees to make their case before the judge. It’s possible they will be incarcerated during the length of their case unless they’re able to get bonded out, Gregg added.
President Trump’s recent executive order changed requirements for hearings, so that those detained must prove they’ve been in the country for more than two years. This can be done through submitting receipts or showing a birth certificate of a relative born in the U.S.
“In the past they’ve never tried to enforce it that way, so we don’t really know how far they’re going to go,” Gregg said.
Even if a detainee receives a judge’s deportation order, there are further options. The detainee can petition an appeals court and, beyond that, the 9th Circuit Court of Appeals and theoretically the Supreme Court, Gregg added.
Detainees don’t have a constitutional right to an attorney, Gregg said, adding that they’d have to hire an attorney or find an organization willing to provide one. According to Gregg, getting an attorney can cost anywhere between $7,500 and $10,000.
While it may be costly to hire an attorney, local organizations like Importa are providing referrals.
Based in Santa Barbara for the last six years, Importa opened an office at 104 S. C St. in Lompoc in December 2016. Guadalupe Perez has been a one-woman show running the nonprofit in North County since it opened.
Importa provides free help with applying for citizenship, education to noncitizens about their rights, referrals to attorneys, and assurance.
Perez told the Sun that in the last few months she’s been taking at least 10 calls per day from people concerned about the recent executive orders.
“We’re providing first calmness, then providing information,” Perez said. “It’s more support right now, that’s what’s going on.”
Many of the calls come from other organizations, such as the Central Coast Alliance United for a Sustainable Economy (CAUSE), which advocates for undocumented immigrants.
Additionally, Perez is encouraging families to stay, but she’s already seen a few leave.
“If you stay here,” she said, “chances are that there could be an opportunity.”
Staff Writer David Minsky can be reached at dminsky@santamariasun.com.
This article appears in Mar 23-30, 2017.