Legislation Details

File #: RES 2026-279    Version: 1 Name:
Type: Discussion and Resolution Status: Agenda Ready
File created: 6/26/2026 In control: BOARD OF SUPERVISORS
On agenda: 7/7/2026 Final action:
Title: CONSIDER adopting Resolution No. 2026-279 to adopt a non-cooperation policy that limits the use of County funds or resources to cooperate with immigration authorities, restricts the use of County-owned or controlled properties by immigration authorities, prohibits County employees from disclosing certain information to immigration authorities unless required by law, addresses access to County services, establishes a Sheriff’s Office reporting requirement, and establishes related restrictions; and consider providing direction to staff, as recommended by the Equity Committee. (Kendra Carr and Peter Kim, Co-Directors, Office of Racial Equity and Social Justice)
Attachments: 1. Resolution No. 2026-279, 2. Exhibit A to Resolution - Non-Cooperation Policy, 3. Bay Area Counties: Survey of Immigration-Related Responses, 4. Summary of Confidentiality Provisions Restricting the Sharing of Data
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To:                                          Board of Supervisors

From:                                          Equity Committee

Report Title:                     Adoption of Non-Cooperation Policy Limiting Resources for Cooperation with Immigration Authorities

Recommendation of the County Administrator Recommendation of Board Committee

 

RECOMMENDATIONS:

 

ADOPT Resolution No. 2026-279 establishing a Non-Cooperation Policy that limits the use of County funds or resources to cooperate with immigration authorities, restricts the use of County-owned or controlled properties by immigration authorities, prohibits County employees from disclosing certain information to immigration authorities unless required by law, addresses access to County services, establishes a Sheriff’s Office reporting requirement, and establishes related restrictions; and consider providing direction to staff.

 

FISCAL IMPACT:

 

No fiscal impact.

 

BACKGROUND:

 

On August 12, 2025, the Board of Supervisors referred to the Equity Committee the matter of guidance on department interactions with immigration enforcement authorities.

 

On September 22, 2025, the Equity Committee received a report on existing internal County departmental policies that address interactions with federal immigration authorities and provided direction to staff.

 

On November 17, 2025, the Equity Committee discussed a draft non-cooperation policy/ordinance.

 

On April 20, 2026, the Equity Committee discussed a draft non-cooperation policy.

 

On June 15, 2026, the Equity Committee received and discussed a draft non-cooperation policy.  After receiving public comment, the Equity Committee moved to refer the draft policy to the Board of Supervisors for review and approval.

 

The draft policy as referred by the Equity Committee recognizes that immigrants are valuable and essential members of the community and that a relationship of trust between the County and the immigrant community is central to public safety and community well-being.  If adopted, the policy would prohibit employees from providing immigration authorities with access to non-public areas of County property for purposes of immigration enforcement unless pursuant to a judicial warrant or required by law, prohibit departments from responding to administrative warrants from immigration authorities, prevent the use of County properties, including parking lots, vacant lots, and parking garages, for purposes of staging, processing, or establishing an operational base for purposes of immigration enforcement, prevent the provision of County-maintained information to immigration authorities for the purpose of assisting with immigration enforcement, except as required by law, prohibit conditioning the provision of County services and benefits on an individual’s citizenship and immigration status, except as required by law, require County personnel to immediately notify their supervisor of a request by an immigration authority to access any non-public area or non-public records, and require monthly reporting from the Sheriff’s Office regarding contacts with immigration authorities.

 

In connection with this referral, the Equity Committee requested a summary of the state and federal laws and regulations that restrict the disclosure of data and information maintained by the County.  A non-exhaustive list of the various legal protections that pertain to different categories of records and information is attached to this item.  In addition to these protections, the County’s standard form contracts require contractors to comply with all applicable laws, and adhere to laws and regulations regarding confidentiality, including maintaining the confidentiality of the identity of persons served under the contract and the services provided to them.

 

CONSEQUENCE OF NEGATIVE ACTION:

 

NONE