San Diego County Sheriff Kelly A. Martinez announced Tuesday that her office will not comply with a new sanctuary policy passed by the County Board of Supervisors. The policy prohibits local law enforcement from cooperating with Immigration and Customs Enforcement (ICE), including barring ICE agents from using county facilities for interviews or accessing detainees.
Martinez stated her office will continue to follow California state law, which permits cooperation with federal immigration authorities in cases involving serious, violent, or sexual crimes. Under state law, the Sheriff’s Office may share release dates and certain information about detainees with qualifying convictions, such as assault, child abuse, and drug trafficking. Martinez explained that the new policy would ban this level of cooperation, which she described as essential for public safety.
“Current state law strikes the right balance between limiting local law enforcement’s cooperation with immigration authorities, ensuring public safety, and building community trust,” Martinez said. She clarified that ICE agents already face restrictions in Sheriff’s facilities, requiring approval and check-ins at designated entrances. The Sheriff’s Office will not adopt the broader restrictions outlined in the new sanctuary policy.
Martinez emphasized her independence as an elected official and rejected the Board of Supervisors’ authority to set policies for her office. “California law prohibits the Board of Supervisors from interfering with the independent, constitutionally and statutorily designated investigative functions of the Sheriff,” she stated, adding that she alone holds the authority to operate county jails.
Martinez had previously communicated her position during a Truth Act forum, where she explained her department’s compliance with state law. She reiterated her commitment to balancing public safety with community trust, refusing to alter her department’s practices based on the new resolution.
