SAN JOSE — A councilman’s proposed law that would limit city cooperation with federal immigration authorities is giving pause even to San Jose’s liberal leaders, who openly welcome immigrants and denounce the Trump administration’s illegal immigration crackdown.
“I appreciate the intent,” said Mayor Sam Liccardo. “I think this is something we need to analyze and understand carefully.”
Councilman Lan Diep’s proposed “Shield Our City” ordinance would prohibit the San Jose Police Department from entering into a formal agreement with U.S. Immigration and Customs Enforcement. It would also require the agency to seek permission from the city attorney’s office before carrying out any raids in “safe zones,” such as schools, hospitals, courthouses and places of worship.
Diep said there would be exceptions if there is a national security or terrorist threat; a risk of death, violence or physical harm; if the enforcement action involves the immediate arrest or pursuit of a dangerous felon or terrorist suspect; or if there is imminent risk of destruction of evidence material to an ongoing criminal case.
But other council members questioned whether the city has any legal power to dictate rules to a federal agency, and worried that the proposal would needlessly provoke a response from the Trump administration that would do more harm than good to the city’s immigrant residents.
The city’s Rules and Open Government Committee, which sets council agendas, voted unanimously this past week to refer the proposal to the city attorney’s office for further evaluation before taking it to the City Council.
Councilman Chappie Jones said at the meeting that Diep’s proposal could invite retaliation from the Trump administration, which has threatened to deny federal funds to “sanctuary cities” that defy immigration enforcement, putting some $74 million for city programs at risk.
“A lot of those federal funds would be going to the very people that we’re trying to help,” Jones said. “How are they going to be better off than if we just continue to do what we’re doing now?”
Diep, a son of immigrants from Vietnam, acknowledged that the proposal is a “tight-rope walk” that will likely have to be amended by city staff, but Diep said he hopes it kick-starts a discussion that will result in some form of action by the City Council.
“I understand my memo is very strongly worded and that there are concerns about the legality of what I proposed,” Diep said. “I wrote it to demonstrate where my heart is at and where my predominant concern is.”
Diep, who like Trump is a Republican, said he doesn’t want to stop the federal government from enforcing federal
law, but rather “the manner in which they do it,” adding that the places where people conduct ordinary life should be off limits.
“We want to have a protocol, and we would like federal agents to at least notify us,” he added.
Though many cities across the Bay Area have refused to cooperate with federal immigration officials, vowing to protect their undocumented immigrants, it’s likely that no other city has proposed an ordinance of this kind.
ICE spokesman James Schwab said the agency does not comment on proposed or pending ordinances. ICE’s “sensitive locations policy” provides that enforcement actions at sensitive locations should generally be avoided and require either prior approval from a supervisory official or an officer has a probable cause and insufficient time to secure a warrant requiring immediate action, according to Schwab.
“DHS is committed to ensuring that people seeking to participate in activities or utilize services provided at any sensitive location are free to do so without fear or hesitation,” he said in a statement.
San Jose police spokesman Albert Morales said the department will reserve comment for a later date. Chief Eddie Garcia told ICE officials in February that his department will not enforce federal immigration laws.
“San Jose PD has enjoyed a strong and long-lasting relationship with our community and we will not do anything to destroy that relationship and trust,” Morales said. “If ICE is conducting enforcement actions in our city, we would hope they would inform us of any such operations, just as any other law enforcement agency would do when conducting investigations in our jurisdiction.”
Priya Murthy, policy and advocacy director for the immigrant rights organization SIREN, said the proposed ordinance offers a “good foundation” to safeguard immigrants in the community.
“I think it’s very promising that members of the City Council are looking at ways to protect immigrants during this very difficult time,” she said. “The fact that we’re reaffirming ensuring that certain spaces really should be essentially off limits for ICE is an important message for the city to send.”
But Sue Caro, regional vice chairwoman of the California Republican Party in the Bay Area, said municipal law does not control a federal jurisdictional effort.
“The federal government has responsibility for defining immigration law,” she said in an email. “What happens if Lan Diep’s proposal becomes a local ordinance in San Jose is unknown.”
