From: the TRUTH Act
(d) Beginning January 1, 2018, the local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year shall hold at least one community forum during the following year, that is open to the public, in an accessible location, and with at least 30 days’ notice to provide information to the public about ICE’s access to individuals and to receive and consider public comment. As part of this forum, the local law enforcement agency may provide the governing body with data it maintains regarding the number and demographic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means. Data may be provided in the form of statistics or, if statistics are not maintained, individual records, provided that personally identifiable information shall be redacted.
The ICE Out of Marin coalition recently sent the following letter to the Marin County Board of Supervisors, requesting a TRUTH Act Community Forum to publicly disclose the ways in which the Marin County Sheriff’s Office assists ICE in the deportation of Marin County residents.
What is a TRUTH Act Community Forum?
Under the TRUTH Act (AB 2792), effective January 1, 2018, City Councils and Board of Supervisors in California are required to hold at least 1 community forum per year if the Police or Sheriff’s department allowed ICE to access at least one individual in their custody in the previous year. The community forums are intended to provide the public with information as to how local law enforcement agencies (LEA) entangle themselves with federal immigration authorities.
VIA ELECTRONIC MAIL AND U.S. MAIL
September 4, 2018
The Honorable Board of Supervisors County of Marin
3501 Civic Center Dr. # 329
San Rafael, CA 94903
Re: Request for TRUTH Act Forum
On behalf of the undersigned organizations, including Abriendo Caminos: West Marin Latino Leadership, Canal Alliance, the Canal Welcome Center, CIYJA (California Immigrant Youth Justice Alliance), the ILRC (Immigrant Legal Resource Center), the Marin Asian Advocacy Project, ICE Out of Marin, a grassroots coalition of immigrant justice advocates, requests that you set a date for the Transparent Review of Unjust Transfers and Holds (“TRUTH”) Act Forum as soon as possible, with Sheriff Doyle present, to hear public opinion and provide information during the Forum.
This request responds to the Sheriff’s Office providing Immigration and Customs Enforcement (“ICE”) access to individuals in Marin jails in 2017 and the public’s need for transparency from the Sheriff’s Office. The undersigned organizations believe that the strongest policy is one that establishes a clear division between local law enforcement and ICE. The ICE Out of Marin coalition, which includes organizations in Marin serving immigrant communities, will be responsible for setting the agenda and facilitating the Forum in collaboration with the Board of Supervisors. In order to maximize diverse community access, the Forum should be held on one of the following dates/times: November 14, 2018 (evening), November 15, 2018 (evening), November 16, 2018 (evening), November 17 (afternoon), or November 18 (afternoon).
I. TRUTH Act Requirements
The TRUTH Act went into effect in California in January 2017. The TRUTH Act requires that beginning in January 2018, “the governing board of any county . . . in which a local law enforcement agency has provided ICE access to an individual during the last year shall hold at least one community forum during the following year . . .” Cal. Gov’t Code § 7283.1(d)
Under the law, “ICE access” is broadly defined and includes when law enforcement responds to an ICE hold, notification, or transfer request; provides ICE dates and times of parole or probation check-ins, provides ICE information not available to the public; or allows ICE to interview an individual. § 7283(d)(1)-(5).
When the Sheriff’s Office shares any such information or access with ICE, the Board of Supervisors must convene a TRUTH Act Forum. This Forum must be open to the public, in an accessible location, with at least 30 days’ notice to provide information to the public about ICE access to individuals and to receive and consider public comment. § 7283.1(d).
II. Sheriff Doyle Has Provided ICE Access, Triggering a TRUTH Act Forum
In July 2017, Canal Alliance filed a California Public Records Act (PRA) request to understand the level of cooperation between the Marin County Sheriff’s Office and Immigration and Customs Enforcement (ICE). Canal Alliance received documents from the Sheriff dating from January 2015 to July 2017. Representatives from Canal Alliance and the Immigrant Legal Resource Center (ILRC) reviewed the documents and met with the Sheriff in February of 2018 to share the findings of the PRA request and elicit their feedback. We can share with you a copy of this research report.
In March 2018, Advancing Justice – Asian Law Caucus and the National Day Laborer Organizing Network sent a PRA request seeking data on certain ICE access in 2017. On April 20, 2018 the Marin County Counsel’s Office responded to the Public Records Act request with a “Date Range Report” reflecting select ICE access at the Marin County Jail from January 2017 to April 2018. This Date Range Report shows a high degree of ICE access as defined by the TRUTH Act. In particular, the Date Range Report reflects multiple circumstances throughout 2017 when the Sheriff’s Office allowed ICE interviews to occur with county inmates, and provided inmate release dates to ICE. We can share with you a copy of the response letter and Date Range Report.
Both PRA requests confirm that the Sheriff has provided ICE access in 2017 by responding to ICE notification requests (providing inmate release dates) as well as by allowing ICE into the jail to interview inmates, thus triggering a TRUTH Act forum. As the governing body of the county, the Marin Board of Supervisors must convene the TRUTH Act Forum.
III. Urgent Need for a TRUTH Act Forum
Abriendo Caminos: West Marin Latino Leadership, Canal Alliance, Canal Welcome Center, CIYJA (California Immigrant Youth Justice Alliance), the ILRC (Immigrant Legal Resource Center), the Marin Asian Advocacy Project respectfully request that the Board of Supervisors hold the TRUTH Act Forum between November 14th-18th*, 2018 and that Sheriff Doyle be present. Such a forum will be of great benefit in Marin where the Board of Supervisors has joined in an amicus brief in support of the state of California defending SB 54 (CA Values Act), a new law aimed at reducing ICE access. Meanwhile, many question SB 54’s effectiveness in Marin as the Sheriff continues to cooperate with ICE at even greater degrees than certain neighbor counties. With nearly 20% of Marin’s population being foreign born, it is critical that Marin residents appreciate the degree to which the Sheriff cooperates voluntarily with ICE. The TRUTH Act Forum addresses an urgent community need for transparency.
Given the 30 days’ notice requirement, we urge the Board to give public notice of this forum no later than October 13th, 2018. We request that the Board also strongly encourage Sheriff Doyle to attend the Forum to provide information and respond to the community’s urgent need for transparency around ICE access to the jail. Finally, as these policies and practices impact immigrants first and foremost, the ICE Out of Marin coalition, which includes immigrant-based groups, will set the Forum agenda in collaboration with the Board of Supervisors.
Please direct all replies to Lisa Bennett, co-Chair and Lucia Martel-Dow, co-Chairrepresentatives of ICE Out Of Marin.
Thank you for supporting the law and the public’s need for transparency.
ICE OUT OF MARIN
A Grassroots Coalition
By: Lisa Bennett and Lucia Martel-Dow, co-Chairs
ABRIENDO CAMINOS: West Marin Latino Leadership
CANAL WELCOME CENTER
Founder – Executive Director
CIYJA – California Immigrant Youth Justice Alliance
Northern California Regional Coordinator
ILRC – Immigrant Legal Resource Center
THE MARIN ASIAN ADVOCACY PROJECT[LE2]
Additional Organizations Requesting the Forum:
ACLU Marin County chapter
Building Bridges San Rafael
Fair Housing Advocates Northern CA
Fairfax People Power
Main Street Moms, Point Reyes
Marin County People Power
Marin Interfaith Council
Marin Peace & Justice Coalition
Presente affinity group
St. Johns, Ross
United Marin Rising
West Marin Standing Together Immigration Committee Youth Leadership Institute
YWCA San Francisco & Marin
Zen Center/Green Gulch
*Specific, preferred times are: November 14th (evening) November 15th (evening)
November 16th (evening)
November 17th (afternoon)
November 18th (afternoon)
CC: SHERIFF ROBERT DOYLE
BRIAN E. WASHINGTON, MARIN COUNTY COUNSEL
 Codified at Cal. Gov’t Code §§ 7283 et. seq.
 County of Marin, News Release, Marin Opposes U.S. Immigration Policy in Court, (May 18,2018) available at https://www.marincounty.org/main/county-press-releases/press-releases/2018/cc-immigrationlaws-051818
 Hamed Aleaziz, Sanctuary Split: While SF jail snubs ICE, Marin County does the opposite, San Francisco Chronicle, (May 25, 2018) https://www.sfchronicle.com/bayarea/article/Sanctuary-split-While-SF-releases-no-inmates-to-12942494.php
 Quick Facts, Marin County, United States Census Bureau, available at https://www.census.gov/quickfacts/fact/table/marincountycalifornia/PST045216
We Love Feedback
The first step in our campaign to get ICE out of Marin was to request that the Board of Supervisors schedule a TRUTH Act Community Forum to publicly acknowledge the various ways in which the Marin County Sheriff’s Office assists ICE with deporting Marin residents.
The Board of Supervisors agreed, and Marin County’s first TRUTH Act Community Forum was held on Thursday, December 6, 2018.
As we move into the next phase of our campaign to dismantle the Marin-to-ICE pipeline, we’d love to hear your comments and suggestions.
Marin County’s first TRUTH Act Community Forum was held on December 6, 2018. Please support our campaign as we try to dismantle the Marin-to-ICE pipeline by strengthening Marin County’s support for laws that protect our immigrant community. Sign up for email updates for additional information.