TRUTH Act Community Forum Highlights Data, Residents Express Concerns

Martinez, Ca— The Contra Costa County Board of Supervisors met on Tuesday to hold a TRUTH Act Forum, in which several reports were given by members of the county and concerned citizens were invited to share their thoughts on the Act as well as the current political climate.

Due to action taken by law enforcement in 2017, it was determined that a forum must be held to discuss the provisions of ICE access. Senior Deputy County Administrator, Timothy Ewell gave a report during the forum that was instrumental in explaining the interactions between local law enforcement agencies and ICE within the context of the TRUTH Act.

According to Ewell’s report, the TRUTH Act defines ICE access for the purposes of civil immigration enforcement. This includes instances when an individual is stopped, arrested, detained, or otherwise under the control of local law enforcement agents for any number of reasons.

Theses reasons include:

• responding to an ICE hold notification or transfer request
• providing notification to ICE in advance of the public that an individual is being or will be released (including specific dates and times)
• providing ICE with information regarding release dates, home or work addresses,
• allowing ICE to interview an individual
• allowing ICE information relating to parole and probation check ins.

Sheriff David Livingston then reported general office policy regarding immigration status and provided an overview of field operations in relation to ICE, as well as the local law enforcement’s interactions with ICE.

“It’s as simple as that. So, if we have a request from ICE which they no longer present to us, we simply will not honor that,” said Livingston.

This part of the policy, it should be noted, is in reference to ICE requesting that immigrants be detained for more than 48 hours solely for the purpose of ICE enforcement. However, there is compliance with ICE requests for notification (via the I-247 A form) is allowed within strict guidelines as defined by the TRUTH Act.

“Notifications are of anticipated release dates for inmates on certain charges. Specifically, inmates with a serious or violent felony,” said Livingston.

Charges that fall within specifications of the TRUTH Act that could result in a notification, Livingston explains, include lewd sex acts with children, domestic violence, unlawful sexual intercourse, and assault with a deadly weapon. He further asserts that the assumption that all of the ICE notifications are based on immigration status and related issues is not accurate.

Livingston also reported some of the numbers of arrests, detentions, and ICE notifications for 2017, as well as demographic information.

“So, let’s look at the ICE requests for notification. We received a total of 284 requests in 2017 and we made notifications in 63 of those. So, about 22 percent of times we will work with ICE in the sense of notifying them when someone is being, or prepared for, release,” said Livingston.

For the 63 instances in which compliance with ICE requests were granted, 47 of those people were Hispanic, 0 were identified as Black or African American, 14 were categorized as other (which includes Asians and Pacific Islanders), and 2 were white.

With this, the presentation of facts concluded and public comment began.

Susan Lowallen, a concerned community member, expressed worry over local law enforcement’s compliance with initiatives made to protect immigrants’ rights.

“I am very concerned that there are ways to get around the acts that have been passed to protect our immigrant neighbors…I don’t want to wait a whole year for us to address this issue. And that is the issue of publicly publishing the release dates and personal data on people who are in custody in the jail, because it is very easy for ICE to look at names and profile them…and then come to the door of the jail on that release date pick them up,” said Lowallen.

She then described this method as ‘backdoor collaboration’ with ICE. This notion, that local law enforcement agencies are working closely and not always in an honest manner with ICE, was a common theme among public comments.

Other speakers expressed the need to humanize immigrants and protect their civil rights.

“First of all, I think it is important to state that all people regardless of immigration status, regardless of their prior criminal conviction, deserve to live life in dignity. What we are talking about here, the collusion between the sheriff’s office and ICE, is double punishment for immigrants who are being punished after they have served their time,” said Stacy Sa, a representative of the California Immigrant Policy Center.

Sa went on to allege that Sheriff Livingston is complicit in the mass deportation and criminalization of immigrants.

During the forum, at least one person was escorted out of the building after providing her public comments and during a loud exchange with the Board of Supervisors was escorted out.

After public comments, there was no action to be taken by the Sheriffs office or the Board of Supervisors and the forum disbursed.

Alexandra Riva is an East Contra Costa County resident who is a senior at UC Berkeley where she is pursuing a Bachelor’s Degree in Media Studies with a minor in history. She is a graduate of Dozier-Libbey Medical High School in Antioch.