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Home My WebLink AboutCOM 0125.066 2024-2026From: janet Matlock Sent: Tuesday, April 1, 2025 11:49 AM To: Council Testimony Cc: Alameda, Christian (Kimo); Inaba, Holeka; Onishi, Dennis; Kimball, Heather; Kagiwada, Jennifer, Kierkiewicz, Ashley; Galimba, Michelle M.; Villegas, Rebecca; Kanealii- Kleinfelder, Matt; Hustace, James Subject: Oppose Resolution 74 - 25, MOU with ICE Attachments: Yolo County Policy 425 Immigration Violations.pdf Aloha Chair Inaba and County Councitmembers, Mahalo for this opportunity to provide testimony strongly opposing Resolution 74-25 and Hawaii County entering into a MOU with ICE. This is based on my professional experience as a licensed'mental health clinical supervisor and provider working directly with law enforcement and their interactions with ICE. The chilling, detrimental effects on the safety of our island community should our officers be perceived as an extension of ICE cannot be overstated. Hawaii County doesn't need an MOU with ICE; what the County needs is a clear policy that provides proactive guidance to local taw enforcement relating to immigration and interacting with federal immigration officials. Prior to immigrating to Hawaii, I was employed by the Probation Department of a small county in rural northern California, as the clinical supervisor under the county's contract with the Office of Refugee Resettlement. There, I confronted -- and successfully pushed back on -- efforts by ICE to obtain confidential information on the unaccompanied minors we were housing and the extended families we were vetting for reconciliation. 1 also worked on -call as a mental health provider in that county's juvenile detention center and the county jail. There, I witnessed ICE's unsuccessful attempts to pressure county law enforcement to aid and abet in ICE's efforts. Fortunately, that county and the municipalities within it had, and continue to have, a clear policy that supports the safety of the local community, regardless of immigration status. They strongly and clearly affirm that administrative cooperation with ICE provides less safety to the community, not more. Hawaii County should adopt a similar policy and firmly reject any agreement with ICE. You don't have to reinvent the language; a sample is attached and could be easily modified for Hawaii County. Officers then will have clear, legal direction on processing those (very few) undocumented individuals who truly do pose a danger to the community, while formatly resisting the known totalitarian efforts of ICE under the current federal administration's disregard for due process under the law. Mahalo for your time and consideration, Iml it CAI, janet Matlock Kailua Kona Yolo County Probation Department Policy Manual Immigration Violations 425.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to members of the Yolo County Probation Department relating to immigration and interacting with federal immigration officials. 425.1.1 DEFINITIONS The following definitions apply to this policy (Gov. Code § 7284.4.): Criminal immigration violation - Any federal criminal immigration violation that penalizes a person's presence in, entry, or reentry to, or employment in, the United States. This does not include any offense where a judicial warrant already has been issued. Immigration enforcement - Any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, including any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person's presence in, entry or reentry to, or employment in the United States. Judicial warrant - An arrest warrant for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge. 425.2 POLICY It is the policy of the Yolo County Probation Department that all members make personal and professional commitments to equal enforcement of the law and equal service to the public. Confidence in this commitment will increase the effectiveness of this Department in protecting and serving the entire community and recognizing the dignity of all persons, regardless of their national origin or immigration status. 425.3 VICTIMS AND WITNESSES To encourage crime reporting and cooperation in the investigation of criminal activity, all individuals, regardless of their immigration status, must feel secure that contacting or being addressed by members of law enforcement will not automatically lead to immigration inquiry and/ or deportation. While it may be necessary to determine the identity of a victim orwitness, members shall treat all individuals equally and without regard to race, ethnicity, or national origin in any way that would violate the United States or California constitutions. 425.3.1 BASIS FOR CONTACT Unless immigration status is relevant to another criminal offense or investigation (e.g., harboring, smuggling, terrorism), the fact an individual is suspected of being an undocumented alien shall not be the sole basis for contact, detention, or arrest. 425.4 DETENTIONS AND ARRESTS An officer shall not detain any individual, for any length of time, for a civil violation of federal immigration laws or a related civil warrant. (Gov. Code § 7284.6.) Copyright Lexipol, LLC 2020/03/18, All Rights Reserved. Immigration Violations - 132 Published with permission by Yolo County Probation Department Yn|o County Probation Department Policy Manual Immigration Violations /\nofficer who has ereasonable suspicion thatanindk/idua|cdrgad«bavvfu|k/oontouiedorde1ained has committed a criminal violation of 8 USC section 1326(a) (unlawful reentry) that may be subject to an enhancement due to a previous conviction of an aggravated felony under USC section 1320(b)(2), may detain the person for a reasonable period of time to contact federal immigration officials to verify whether the United States Attorney General has granted the individual permission for reentry and whether the violation is subject to enhancement. (Gov. Code § 7284.6.) No individual who is otherwise ready tobareleased should continue tubedetained only because questions about the individue|'astatus are unresolved. If the officer has facts that establish probable cause to believe that o person already lawfully detained has violated 8 USCaeo[ion 1328/a\and the penalty may besubject toenhancement due [oprior conviction for specified aggravated felonies, he/she may arrest the individual for that offense. (GVv.Code §72R4.8.) An officer shall not detain any individual, for any length of time, for any other criminal immigration violation of federal immigration |avva. (Gov. CmdeG 7284.8.\ An officer should notify a Supervisor as soon as practicable whenever an individual is arrested for aviolation uf8UGCsection 132O(a).(Reentry ufRemoved A|iene.) When notified that an officer has arrested an individual for a violation of 8 USC section 1326(a) or under the authority of a judicial warrant, the Supervisor should determine whether it is appropriate (a) Transfer the person to federal authorities or to jail. 425.5 FEDERAL REQUESTS FOR ASSISTANCE Absent an urgent issue of officer safety or other emergency circumstances, requests by federal immigration officials for assistance from the YDlOCounty Probation Department should be directed to a Supervisor. The Supervisor is responsible for determining whether the requested assistance would bepermitted under the California Values Act. (Guv.Code § 7284.2 etaeq.) 425.6 INFORMATION SHARING No member of the Yolo County Probation Department will prohibit, or in any way restrict, any other member from doing any of the following regarding the citizenship or immigration status, lawful or unlawful, of any individual (8 USC § 1373; Gov. Code § 7284.6): (a) Sending information to, or requesting or receiving such information from federal immigration officials. (b) Maintaining such information in Department records. (c) Exchanging such information with any other federal, state, orlocal government entity. Nothing in this ou|ioy rea1hotm sharing information that is permissible under the California \/m|uem Copyright Lexipol, ucommmnno.m/Rights Reserved, Immigration Violations - 133 Published with permission uvvvwCounty Probation Ymlo County Probation Department Policy Manual Immigration Violations 425.8.1 NOTICE TOINDIVIDUALS Individuals in custody shall be given a copy of documentation received from U.S. |nnrniQraUon and Customs Enforcement (ICE) regarding u ho|d, notiDcatiun, or transfer request, along with information as to whether the detention facility intends to comply with the request. (Gov. Code § 7283.1.\ Ifthe detention facility providesICE with notification that anindividual imbeing, orwill be, released onacertain date, the same notification shall ba providedinwriting Uothe individual and tohis/her attorney or to one additional person whom the individual may designate. (Gov. Code § 7283.1.) 425.8-2 ICE INTERVIEWS Before any interview regarding civil immigration violations takes place between ICE personnel and an individual in CUsiDdV' the detention facility Sh8|| provide the individual with 8 written COOS8Ot form that explains the purpose ofthe intervievv, that the interview ievoluntary, and that he/she may decline to be interviewed or may choose to be interviewed only with his/her attorney present. The consent form must be available in the languages specified in Government. Code section 7283. 1. 4258.3 TRANSFERS TOIMMIGRATION AUTHORITIES Members shall not transfer an individual to immigration ouUlO[0em Un|8So one of the foUuvvnA circumstances exist (Gov.Code Q7282.5'Gov. Code Q7284.6): (e) Transfer igauthorized by judicial warrant orjudicial probable cause determination. /h\ The individual has been convicted of an offense as identified in Government Code socbon7282.5(e). (c) The individual is current registrant on the California Sex and Arson Registry. (d) The individual iaidentified bvthe U.G. Department ofHomeland Security's Immigration and Cua1onna Enforcement as the subject of an outstanding federal felony arrest warrant. 42564 REPORTING TJCALIFORNIA DEPARTMENT {]FJUSTICE The Field Services Supervisor nhoU ensure that data regarding the number of transfers of an individual to immigration authorities, as permitted by Government Code section 7284.6(a)(4), and the offense that allowed for the transfer is collected and provided to the Office Supervisor for required reporting tothe [}(]J.(Government Code G7284.G/c\(2)(see the Records Maintenance and Release Po|iny.) Copyright Lexip".uououmo3/1u.All Rights Reserved. Immigration Violations -134 Published with permission bymmCounty Probation