San Jose Law Could Limit ICE Cooperation

A law proposed by a San Jose councilman would limit the amount of cooperation given by the city to federal immigration authorities. But the city leaders, who have denounced the crackdown on illegal immigration under the Trump administration and who welcome undocumented immigrants, seem uncertain about whether the idea might be going too far.

Sam Liccardo, the Mayor of San Jose, says that while he appreciates the intent of the proposed law, it would need some careful analysis and understanding before any decision is reached. The ‘Shield Our City’ ordinance, proposed by Councilman Lan Diep, would ban the San Jose Police Department from making any formal agreements with Immigration and Customs Enforcement. It would also force the agency to gain permission from the office of the city attorney before carrying out raids on schools, courthouses, churches, and hospitals.

Diep says that exceptions would be made in circumstances such as the risk of death or violence, national security, the risk of the destruction of criminal evidence, or the pursuit of a dangerous felon. Some members of the San Jose Council doubt that the city has any legal rights to dictate to federal agencies, and fear that the Trump administration would respond negatively to such a proposal.

Last week, there was a unanimous vote from the Rules and Open Governance Committee of the city, which sets the agenda for the council, to have the proposal referred to the office of the city attorney for further evaluation.