The Board of Supervisors voted Tuesday to endorse a pending state bill that would further limit state and local law enforcement agencies from working with Immigration and Customs Enforcement, despite opposition from the county sheriff.

Supervisors voted 3-1 to send a letter supporting Senate Bill 54, introduced by Sen. Kevin de León, D-Los Angeles. Nearly a dozen members of the public urged supervisors to support the legislation. Supervisor Judy Arnold dissented and Supervisor Katie Rice was absent.

SB 54 would prohibit state and local law enforcement agencies from investigating, interrogating, detaining, detecting or arresting people for immigration enforcement purposes. The bill also would require local enforcement agencies to report to the Department of Justice the types and frequency of joint law enforcement task forces it participates in and the number of arrests made for the purpose of immigration enforcement.

The California State Sheriffs Association and Marin County Sheriff Robert Doyle oppose the bill principally because it would prevent communication or cooperation with ICE for some crimes they consider serious.

“There is a confusion that somehow SB 54 is immigration reform; it’s not,” Doyle told supervisors Tuesday.

Recent amendments to SB 54 would allow state and local law enforcement to notify ICE before a felon convicted of a number of serious or violent crimes is released from prison or jail. These include attempted murder, rape, robbery, arson, carjacking, kidnapping and any felony punishable by death or life imprisonment.

But Doyle said the bill still would prevent his department from helping ICE detain inmates who have committed other serious offenses including child abuse and endangerment; a felony count of driving under the influence; unlawful possession or use of a weapon, firearm, explosive device or weapon of mass destruction; possession, sale or distribution of narcotics; gang recruitment, possession or use of a firearm by a convicted felon; sexual battery; human trafficking, elder abuse, a hate crime, solicitation to commit murder, stalking; domestic violence or commercial burglary.

Doyle has explained previously that his office does not notify ICE when there is an undocumented immigrant in the county jail, nor does the jail hold immigrants for deportation at ICE’s request.

Trust Act

The California Trust Act, which was signed into law by Gov. Jerry Brown in 2013, prohibits law enforcement agencies from detaining inmates at the request of ICE unless a probable cause hearing has been held and a federal warrant issued; exceptions are allowed for prisoners who have committed violent felonies.

“There isn’t one person in Marin County Jail who is there for only being undocumented,” Doyle said. “Everyone who is in Marin County Jail is there because they committed a public offense and victimized someone in our community.”

As a routine part of the booking process, however, fingerprints are submitted to the FBI for criminal history and warrant checks, and to ICE to determine if the individual is a priority for deportation. A new state law, AB 2792, which took effect on Jan. 1, requires local law enforcement agencies to inform prisoners that they may decline to be interviewed by ICE while in custody.

Doyle said Tuesday that since the beginning of this year, ICE has requested to speak to 42 county jail inmates. Doyle said 25 of those inmates have since been released from jail and 18 of those were picked up by ICE.

Doyle said the offenses committed by those picked up by ICE included membership in a criminal gang, possession of a dangerous weapon, battery of a former spouse, assault with a deadly weapon, terrorizing and attempted burglary.

Supervisors Kate Sears, Damon Connolly and Dennis Rodoni all voted to endorse SB 54.

Sending message

Members of the public urged supervisors to endorse the legislation in March when they adopted a resolution reaffirming their commitment to doing what they can to serve and protect the county’s undocumented immigrants.

Supervisor Connolly said, “Since the time of that hearing until now, our constituents have sent us a clear message that they want to push back against misguided federal policies and alarming statements from this administration about our immigrant population, including a stated intent toward mass deportations.”

Supervisor Sears said, “Trust is essential for our being able to provide health care and other safety net services, and for individuals to seek help in domestic violence abuse and other threats to their safety.”

Rodoni said, “I do agree that this is not about immigration reform,” but he added, “The California Values Act reaffirms our state’s commitment to valuing and protecting our immigrant community and our support today sends a powerful message.”

Supervisor Judy Arnold sided with Doyle.

“The bill in my opinion doesn’t go far enough because it omits many serious crimes,” Arnold said. “A person who beat his wife or molested a child or drove drunk are not authorized under SB 54 and as such undermines the sheriff’s ability to keep our community safe. I do not think we can parse felonies. I can’t support SB 54 as currently written.”