Sonoma County gets Justice Department immigration warning

Sonoma County is among?29 state and local governments nationwide to receive a U.S. Justice Department letter questioning whether a “sanctuary” policy that limits cooperation with federal immigration enforcement violates the terms of a federal grant they receive.

It was the latest salvo from the Trump administration, which has threatened to stop the flow of federal money to places that do not provide immigration officials access to local jails or give 48-hour advance notice when suspected undocumented immigrants are to be released.

Despite court orders blocking the administration’s efforts, Attorney General Jeff Sessions has targeted a specific grant for law enforcement programs - the Edward Byrne Memorial Justice Assistance Grant - that he said could be withheld from more than 200 cities if they fail to comply.

On Wednesday, his office sent letters to Sonoma County and 28 other jurisdictions, including San Francisco and Berkeley, warning about policies that restrict the sharing of information that could lead to deportation and giving officials until Dec. 8 to show adherence to federal law.

“Jurisdictions that adopt so-called sanctuary policies also adopt the view that the protection of criminal aliens is more important than the protection of law-abiding citizens and of the rule of law,” Sessions said in an accompanying press release.

Sonoma County, which received $48,297 from the grant in 2016, is in fact complying with the federal regulations about communication between government entities cited in the letter, said County Counsel Bruce Goldstein.

A section of the law cited in the letter mandates only that local jail officials inform federal immigration authorities of an inmate’s immigration status but does not require notification when an inmate is freed from custody, Goldstein said.

“The fact that the sheriff is utilizing his discretion not to provide information on pending releases is not in conflict with his obligation under that section of the law,” Goldstein said.

A spokesman for Sheriff Rob Giordano said the jail will continue to turn over inmates convicted of serious crimes and abide by any arrest warrant signed by a judge.

But as of Jan. 1, it will be guided by a new state law, SB54, signed by Gov. Jerry Brown last month, which limits who state and local law enforcement agencies can hold, question and transfer at the request of federal immigration authorities.

Sheriff’s Sgt. Spencer Crum said the law will be “the new mandate for all agencies in the state which we will all have to comply with.”

Crum said the Byrne grant was used by the Sheriff’s Office to buy a digital evidence management system, interview room equipment and digital video storage. The county does not have a current grant application pending.

Giordano announced in August the jail would limit cooperation with federal immigration authorities.

In the past, the jail it had responded to every notification request from Immigration and Customs Enforcement for the date and time of an inmate’s release, even if an inmate’s detention did not result in a conviction.

Under Giordano’s policy, the jail it is responding only if an inmate has been convicted of a felony or other serious crimes including drunken driving, battery and child sex crimes. Inmates were also given the right to contest any decision to notify ICE of their release.

In Wednesday’s letter, the Justice Department wrote it is “concerned” the sheriff is only notifying immigration officials under certain criteria. It asks the county to respond regarding whether its policies conflict with federal law. Also, it asks if the county would comply with the law if it receives a grant for the next fiscal year.

It’s unclear how the? 29 recipients of the letter were chosen.

You can reach Staff Writer Paul Payne at 707-568-5312 or paul.payne@pressdemocrat.com. On Twitter @ppayne.