EQUITY COMMITTEE
Meeting Date: September 22, 2025
Subject: Existing County departmental policies re: interactions with federal immigration authorities
Submitted For: Equity Committee
Department: County Counsel
Referral No:
Referral Name: Existing County departmental policies re: interactions with federal immigration authorities
Presenter: Thomas Geiger
Contact: Thomas.Geiger@cc.cccounty.us <mailto:Thomas.Geiger@cc.cccounty.us>
Referral History:
On August 12, 2025, the Board of Supervisors referred to the Equity Committee a review of existing internal County departmental policies that address interactions with U.S. Immigration and Customs Enforcement (ICE) personnel. This report responds to that referral.
1. County Counsel Guidance to Departments
On January 24, 2025, the County Counsel’s Office issued guidance to all County department heads on how staff should respond if a County employee encounters an ICE agent during work or on County property. The guidance is Attachment 1 to this staff report. To summarize the guidance:
• If ICE presents a judicial warrant, staff is required to comply with the judicial warrant and must allow ICE to search.
• If ICE presents an administrative warrant, staff is not required to provide access to non-public areas, is not required to give ICE any information, and may ask ICE to leave.
• If ICE presents a subpoena, staff is not required to provide documents on the spot and is not required to give ICE consent to search.
• If ICE presents a Notice to Appear, staff is not required to provide access to non-public areas, is not required to give ICE any information, and may ask ICE to leave.
The guidance includes samples of the different types of documents ICE might bring to a County facility.
2. Contra Costa Health Policy for Responding to Immigration Enforcement Issues
Under the California Values Act (Senate Bill 54), public hospitals are required to have policies that define how they will limit interaction with immigration enforcement officials. The California Attorney General has prepared model policies for public hospitals to use.
Contra Costa Health has adopted a policy for responding to immigration enforcement activities if they occur at Contra Costa Regional Medical Center, the County’s health clinics, and other Contra Costa Health facilities. The policy is based on the Attorney General's model policy. The Contra Costa Health policy is Attachment 2 to this staff report.
The Contra Costa Health policy provides guidance to staff on how to monitor and receive visitors at Contra Costa Health facilities, how to respond to immigration officers who are present at Contra Costa Health facilities and in the field, how to notify minor patients’ parents or guardians of immigration law enforcement actions, and how to handle requests for patient information.
3. Contra Costa County Library Policy for Responding to Immigration Enforcement Officers
Senate Bill 54 also requires libraries to have policies that define how they will limit interaction with immigration enforcement officials. The Contra Costa County Library’s policy is based on the Attorney General's model policy for public libraries. This policy describes the steps that library staff should take when immigration enforcement officers request access to documents or access to non-public areas of a library. The Contra Costa County Library policy is Attachment 3 to this staff report.
4. Employment and Human Services Department Desk Guide
The Employment and Human Services Department has a “desk guide” for staff interactions and departmental manager interactions with federal immigration authorities. The EHSD desk guide is Attachment 4 to this staff report.
5. Sheriff’s Office Policy on Immigration Status
The Office of the Sheriff has adopted a policy on immigration status. In general, the policy provides that no person shall be contacted, detained, or arrested solely on the basis of his or her immigration status. The policy further provides that no Sheriff’s Department funds or personnel may be used to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, except that Sheriff’s personnel may send to, or receive from, immigration authorities (including ICE), information regarding the immigration status, lawful or unlawful, of any individual. The Sheriff’s Office policy is Attachment 5A to this staff report.
The Sheriff’s Office policy is consistent with SB 54, which mandates that California law enforcement agencies may not use agency money or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes. The Sheriff’s policy further lists the conditions under which the Sheriff’s Office will honor ICE requests for notification of the anticipated release date of an inmate. Under the TRUTH Act, if the Sheriff’s Office provides ICE with release date information for qualifying inmates, the Sheriff’s Office must hold an annual community forum regarding communications with ICE during the preceding year.
The California Attorney General has issued an information bulletin to California law enforcement agencies. The bulletin is entitled “Updated Responsibilities of Law Enforcement Agencies under the California Values Act, California TRUST Act, and the California TRUTH Act.” The laws described in the bulletin define the parameters under which state and local law enforcement agencies may engage in immigration enforcement-related activities. The bulletin is Attachment 5B to this staff report.
6. Summary of Federal Laws that Apply to Interactions Between Federal Immigration Authorities and County Staff
Exchange of Information - Federal law prohibits restrictions on the exchange of information regarding a person’s citizenship or immigration status. (8 USC §§ 1373, 1644.) Courts have held that these statutes only apply to the exchange of immigration status information, and do not apply to the exchange of any other information. The California Attorney General has advised that all California law enforcement agencies should comply with these federal statutes.
Senate Bill 54 acknowledges these federal laws by stating that SB 54 “does not prohibit or restrict any government entity or official from sending to, or receiving from, federal immigration authorities, information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal state, or local government entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.”
Criminal Implications of Interference with Immigration Enforcement Activities - Several federal laws provide for fines or imprisonment if someone is convicted of interfering with or impeding immigration enforcement actions. Attachment 6 is a summary of federal statutes under which the federal government could bring charges against someone for conduct alleged to interfere with or impede immigration enforcement activities.
Referral Update:
Thomas Geiger, County Counsel, will present existing internal County departmental policies that address interactions with federal immigration authorities and provide direction.
Recommendation(s)/Next Step(s):
RECEIVE report on existing internal County departmental policies that address interactions with federal immigration authorities and provide direction.
Fiscal Impact (if any):
N/A