To: Board of Supervisors
From: Kendra Carr and Peter Kim, Co-Directors Office of Racial Equity and Social Justice
Report Title: County Policy for Responding to Immigration Issues
Recommendation: Recommendation of the County Administrator
RECOMMENDATIONS:
Adopt a resolution establishing a County policy for responding to immigration issues consistent with model policies developed by the California Attorney General, as required by Senate Bill 580, with additional provisions related to responding to immigration authorities; and consider providing additional direction to staff.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Senate Bill 580 and Board Direction to Prepare a County Policy
Senate Bill 580 (“SB 580”), codified at Government Code section 12532.5, requires the California Attorney General to develop model policies to limit assistance with immigration authorities. On July 1, 2026, the Attorney General issued “Guidance and Model Policies to Assist State and Local Agencies in Responding to Immigration Issues Pursuant to Senate Bill 580 (2025) (“AG Guidance” - see attachment.) The AG Guidance states that local agencies “should use this guide to align their internal policies with this guide’s model policies and recommendations, consistent with applicable law.” (AG Guidance, p. 2.) SB 580 requires state and local agencies to adopt the model policies or their equivalent by January 1, 2027.
At its September 8, 2026, meeting, the Board of Supervisors considered a report on SB 580 and its options regarding an SB 580 policy. The Board evaluated three options: (1) adoption of policies that are consistent with the model policies in the AG Guidance; (2) adoption of a non-cooperation policy that limits the use of County funds and resources, in addition to adopting policies that are consistent with the model policies in the AG Guidance; and (3) adoption of a non-cooperation ordinance that limits the use of County funds and resources, in addition to adopting policies that are consistent with model policies in the AG Guidance.
At the September 8 meeting, the Board directed staff to prepare a policy incorporating the model policy provisions in the AG Guidance, or their equivalent, and additional provisions from the non-cooperation policy as discussed by the Board.
Draft Senate Bill 580 Policy With Additional Non-Cooperation Provisions
Staff has prepared a draft policy pursuant to the Board’s direction. The draft policy incorporates the model policy provisions from the AG Guidance, with various adjustments and improvements to ensure clear operational direction for staff and ease of implementation. The draft policy includes a step-by-step protocol for handling requests by immigration authorities to access physical County locations, as well as requests for County documents and information. The draft policy requires departments to designate staff members to handle any interactions with or requests from immigration authorities and to clearly delineate public and nonpublic spaces in County facilities. In addition, the draft policy includes incident documentation and reporting requirements regarding any interactions with or requests from immigration authorities. The draft policy also includes provisions for collection and retention of sensitive information, reporting contractor issues, use of written data use agreements, use of role-based access controls to department systems and physical files that restrict who may access sensitive information, and use of best practices regarding database governance, including, if applicable, data minimization, adoption of access controls and use of access logs, and regular system audits.
The draft policy also incorporates provisions from the draft non-cooperation policy, including provisions that protect residents’ personal information obtained through County programs and services, safeguard access to eligible services regardless of immigration status, to the extent permitted by law, and prevent the use of County properties, including parking lots, and parking garages, for purposes of staging, processing, or establishing an operational base for purposes of immigration enforcement.
The draft policy includes several additional provisions, including: (1) a severability provision; (2) authorization for department heads to report misconduct by immigration enforcement officers to the Attorney General; and (3) provisions that direct staff not to provide voluntary consent to entry into nonpublic areas or the disclosure of information, not to identify individuals, confirm the presence or location of any person, provide information, assist officers in navigating a County facility for immigration enforcement purposes, or otherwise enable or facilitate enforcement activity, and not to answer questions on behalf of the County.
Potential Additional Direction to Staff
Sheriff’s Office Reporting
On September 8, the Board discussed whether to establish a reporting requirement for the Sheriff. The draft non-cooperation policy included a requirement that the Sheriff report monthly to the Board regarding contact with any immigration authority for the purpose of immigration enforcement, and report bi-annually regarding any participation in a joint law enforcement task force as described in Government Code section 7284.6(c)(1). The Board may wish to determine whether to include a Sheriff’s Office reporting requirement in the draft policy, given the existing quarterly reporting by the Sheriff’s Office. If the Board decides to include a reporting requirement, the Board should establish the frequency of reporting and the commencement date(s).
Community Information
The AG Guidance includes a section titled, “Additional Information for Agencies and Their Stakeholders.” (AG Guidance, pp. 39-41.) This section does not include model policy provisions. Rather, it includes information that agencies may wish to provide to clients or members of the public about resources. These resources include the ICE detainee locator, information about rapid response networks, information about legal assistance, links to the immigration court website and court hotline, and a link to consulate and embassy information. The Board may wish to direct staff to include this information on the County’s website or take other action.
CONSEQUENCE OF NEGATIVE ACTION:
The County may not have the policy required by SB 580 in place by the January 1, 2027, deadline.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
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IN THE MATTER OF A Resolution of the Contra Costa County Board of Supervisors Adopting a Policy for Responding to Immigration Issues
WHEREAS, the County is home to people of diverse racial, ethnic, and national backgrounds, including a large immigrant population.
WHEREAS, immigrants are valuable and essential members of the community.
WHEREAS, a relationship of trust between the County’s immigrant community and the County, its departments, programs, and personnel is central to the public safety of County residents.
WHEREAS, this trust is threatened when state and local agencies are entangled with federal immigration enforcement, with the result that immigrant community members fear seeking basic health services, attending school, or contacting or cooperating with law enforcement when they are victims of or witnesses to crimes, to the detriment of public safety and the well-being of all Californians, including County residents.
WHEREAS, entangling state and local agencies with federal immigration enforcement programs diverts already limited resources and blurs the lines of accountability between local, state, and federal governments.
WHEREAS, there are legal concerns with leveraging the County’s resources for federal immigration endeavors, including but not limited to the prospect of County residents being denied due process, detained in violation of the Fourth Amendment of the United States Constitution, or targeted based on race, ethnicity, language, accent, occupation, or presence at certain locations.
WHEREAS, on July 1, 2026, Attorney General Rob Bonta issued Guidance and Model Policies to Assist State and Local Agencies in Responding to Immigration Issues Pursuant to Senate Bill 580, and the County must implement the model policy or an equivalent policy by January 1, 2027.
WHEREAS, the attached policy seeks to protect the safety, well-being, and constitutional rights of County residents, and to direct the County’s limited resources to matters of greatest concern.
NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors hereby adopts the Contra Costa County Policy for Responding to Immigration Issues.