‘We will not cooperate with that behavior’: San Jose bans ICE from using town property

San Jose has banned Immigration and Customs Enforcement (ICE) from using city property. 

The decision, which was passed by the San Jose City Council through an anonymous vote on Tuesday, January 13, is meant to prevent ICE from using San Jose’s 11 garages and parking lots, as well as its 75 community centers and libraries. 

The move comes amidst heightened tensions between state and local governments, including the killings of Renee Good and Alex Pretti in Minneapolis. San Jose is also bracing for an influx of people with the upcoming Super Bowl on Sunday, and the World Cup matches taking place in San Francisco this summer. 

“Just as we see the executive branch of our federal government expanding beyond its historical role to target our residents, so should we, in order to defend those we love and call our neighbors,” said District 5 Councilmember David Ortiz at the council meeting.

In conversations with The Daily, San Jose council members repeatedly emphasized ICE’s overreach as a driving factor in passing the bill. “ICE has been in other cities terrorizing immigrants, whether they are citizens, legal residents, or undocumented,” District 4 councilmember David Cohen wrote in an email to The Daily. “We will not cooperate with that behavior in our city.”

“Some people call them ICE-free zones. But for me, every role of government — federal, state, and local — has their purview, and primary jurisdiction over their issues,” District 8 Councilmember Domingo Candelas said in an interview with The Daily. “And for us here in the city of San Jose, [any space] needs to be to serve the residents.” In regards to resident safety, Candelas noted that San Jose has been ranked the safest city in the U.S.

San Jose, whose population is composed of 40% immigrants, says that it is not expecting a surge in ICE activity leading up to the Super Bowl. Bay Area residents — who recently hosted a series of protests against ICE involvement — have expressed skepticism towards this supposed refrain. 

“There’s still that legitimate fear. But one thing for sure is [that] our police officers are not going to be assisting with federal enforcement, federal immigration jobs or the job of the federal government,” Candelas said. “Our police officers are here to protect our community and make sure that we are enforcing the law and protecting our residents.”

Both Cohen and Candelas emphasized how dealing with ICE is more than just a matter of fighting law enforcement with law enforcement.

“The specific mechanics of interfering with a federal activity is complex and we hope that federal agents would follow local rules regarding use of property,” Cohen said. 

“We are doing everything we can at the local level to put those guardrails in, whether it’s in the courts or through our policies,” Candelas said. 

Despite the policy, members of the City Council have noted that they won’t actively prevent ICE from carrying out their duties, citing the supremacy clause of the U.S. Constitution. However, they noted that they were taking other steps to keep San Jose safe from ICE. 

“There’s things that we’re doing because of this policy. There’s clear signage that’s posted in all locations.
[There’s] access-restricting measures, like gates, where appropriate. And additionally, we’re making sure that all our city employees are required to report any ICE-related activity that happens on city property,” said Candelas. 

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