Justice Department wants information on undocumented immigrants inside California jails

In another attempt to ratchet up immigration enforcement, the Department of Justice on Thursday asked major California counties — including Los Angeles and San Francisco — for lists of all jail inmates who are not U.S. citizens.

In addition to names, the federal agency requested information of what crimes led to the person’s arrest and the dates each person is scheduled for release.

The move signals the federal government is intent on detaining undocumented immigrants who are caught up in the criminal justice system — whether or not they’ve been convicted.

“Removing criminal illegal aliens is this Administration’s highest priority,” Attorney General Pamela Bondi said in a statement.

L.A. County Sheriff Robert Luna, whose department runs the county jails, said his deputies don’t ask about a person’s immigration status when they’re booked into custody.

“It would be impossible for us to release a list like that unless we redo our system,” Luna said. 

The request runs counter to California law.

Under the California’s Values Act — commonly known as the Sanctuary State law — local law enforcement agencies are limited in their cooperation with immigration authorities.

Local sheriffs and police chiefs may only hand over to Immigration and Customs Enforcement people convicted of serious or violent felonies, unless a federal judge has issued a warrant for that person’s arrest. In that case, law enforcement is legally required to hand people over to ICE.

But there’s a lot of discretion when it comes to lower-level crimes. And local jails vary in their approach.

L.A. County does not transfer anyone to ICE unless there’s a warrant for arrest issued by a judge. The Sheriff’s Department already notifies the Department of Homeland Security of who is in its custody through a fingerprint sharing database. It also already makes public on its website when people are going to be released, largely for family members.

ICE has access to that public database too.

“Like everything they’ve done, it's more performative than anything else,” said Chris Newman, legal director for the National Day Laborer Organizing Network. “It's more bullying.”

Orange County hands over everyone legally permitted by the sanctuary law. O.C. Sheriff Don Barnes told the Board of Supervisors earlier this year that cooperation with ICE “ is critical to the safety of our community.”

L.A. County Supervisor Kathryn Barger said she supports the deportation of people who have committed violent crimes.

“At the same time, we must take a balanced, compassionate, and lawful approach that upholds state and federal law without creating fear among our immigrant communities who are following the rules and contributing to our county,” she said, adding she’d work with lawyers to answer questions about whether L.A. County is required to follow the request.

In a statement, Supervisor Hilda Solis noted that the Sheriff's Department transfers people to ICE only when there's a "valid judicial warrant."

"In light of this, we will not be pressured by the Trump Administration into actions that violate... the California Values Act, and County policy, or compromise the principles of due process and equal treatment under the law.”

Bondi said she hoped counties would cooperate.

“I look forward to cooperating with California’s county sheriffs to accomplish our shared duty of keeping Californians and all Americans safe and secure,” Bondi said.

The Department of Justice said, if necessary, it would pursue "all available means of obtaining the data, including through subpoenas or other compulsory process.”

Hans Johnson, chair of the Sheriff Civilian Oversight Commission, said Luna should ignore the request. 

“This order is extremely dangerous and sweeping in that it attempts to try to enlist L.A. County and California law enforcement in immigration enforcement,” Johnson said. 

An estimated 15,000 people are housed inside L.A. County jails. It's unclear how many are unauthorized immigrants.