SAN DIEGO–The U.S. Immigration and Customs Enforcement (ICE) has served the San Diego County Sheriff’s Department with subpoenas seeking information and records, specifically jail and arrest records for four individuals.
While the Sheriff’s Department does not enforce immigration laws, they are obligated to comply with lawfully issued subpoenas.
Congress enacted subsection (d)(4) of 8 USC 1225 which states, “The Attorney General and any immigration officer shall have power to require by subpoena…the production of books, papers, and documents relating to the privilege of any person to enter, reenter, reside in, or pass through the United States…” Go ahead and view it now and also read more information here.
The passage of California Senate Bill 54, otherwise known as the California Values Act, limited the ability of the department, as well as other law enforcement agencies, to provide voluntary cooperation with the Department of Homeland Security (DHS). Until now DHS has only requested information from the Sheriff’s Department. With the issuance of these subpoenas, DHS is using federal statutory authority to compel the Sheriff’s Department to provide certain records. The statutory authority in the California Values Act contains no explicit language prohibiting or authorizing compliance with lawful federal subpoenas. A federal subpoena creates a mandatory legal obligation and is not “cooperation.” The disobedience of a lawfully issued subpoena can be punishable by contempt of federal court.
The information requested by the subpoenas relates to the providing of documents, not honoring detainers and transferring individuals to ICE. These subpoenas deal only with records and information. As such, the Sheriff’s Department is legally obligated to provide these records and will be doing so under that obligation.
