Sheriff outlines jail policies and ICE interactions as public weighs in

By Neil Farrell and Camille DeVaul

With sometimes violent protests against the Immigration and Customs Enforcement (ICE) deportation activities occurring in numerous cities across the nation, the Central Coast hasn’t been spared from the kerfuffle.

Protesters invaded the County Jail over the recent holidays after ICE agents were seen at the jail, erupting in anger and profanity-laced protest by about a dozen people inside the jail lobby. 

Body camera video from one of the ICE agents posted on Facebook, showed how loud and hostile the protest had gotten, just from the presence of ICE at the jail.

Locally, protesters have held several sign-waving rallies in Los Osos, Morro Bay, and San Luis Obispo, as well as in Santa Maria. 

Demands have also been made to elected officials calling on them to denounce ICE and to set up so-called “ICE-Free Zones.”

ICE-Free Zones are established through local laws and ordinances and prohibit immigration authorities from using specified government/public facilities for unauthorized immigration enforcement purposes.

There is much debate over whether such laws can be applied to federal authorities, given that federal law and, in turn, law enforcement trumps state and local laws.

Nevertheless, in Los Angeles County, supervisors recently instructed their attorneys to draft such an ordinance.

Locally, the district attorney, who enforces county ordinances as well as state laws, issued a statement on the ICE protests and ICE-Free Zones.

“It is important for the public to understand that federal law applies nationwide under the U.S. Constitution, and local or state governments do not have the authority to prohibit lawful federal enforcement activities,” reads a D.A.’s Office news release dated Jan. 15. “Terms such as ‘ICE-Free Zones’ or ‘sanctuary’ designations are often symbolic and do not override federal jurisdiction.”

San Luis Obispo County District Attorney Dan Dow acknowledged people’s right to protest their government, but cautioned protestors not to cross a line into criminal conduct.

“I will always support the rights of people to protest,” he said. “However, I strongly urge them to do so safely and within the limits of both Federal and California law. Any behavior that is violent or otherwise criminal will detract from the weight and value of your political speech and may lead to arrest and prosecution. We encourage everyone to exercise their rights peacefully, responsibly, and safely. Our office remains committed to upholding the Constitution, protecting public safety, and ensuring equal justice under the law for all.”

Dow’s office has a history of prosecuting protestors when they go too far. In 2020, during the summer of George Floyd riots across the nation, a number of people connected to the Black Lives Matter movement held a demonstration in a downtown SLO park, and then marched onto Highway 101, stopping traffic and causing a miles-long traffic jam on the freeway.

The organizer, as well as a handful of supporters, were arrested and charged with multiple misdemeanor counts. 

However, Dow’s re-election campaign commented about the case in a social media post that led to defense attorneys successfully getting a judge to disqualify the entire D.A.’s office from prosecuting the cases.

They were turned over to the State Attorney General’s Office for prosecution, but all charges were eventually dropped.

Dow reminded everyone to remain civil.

“We encourage everyone to exercise their rights peacefully, responsibly, and safely,” he said. “Our office remains committed to upholding the Constitution, protecting public safety, and ensuring equal justice under the law for all.”

TRUTH Act Forum

On Tuesday afternoon, Jan. 27, community members from around the county gathered at the San Luis Obispo County Board of Supervisors Chamber to hear the annual Transparent Review of Unjust Transfers and Holds (TRUTH) Act report. Over 100 people took to the podium to express their views on Immigration and Customs Enforcement (ICE) access to individuals in the county.

A crowd of activists stood outside the San Luis Obispo County Courthouse on Tuesday, holding their signs up for those entering the SLO County Supervisors Chamber meeting across the street. They shouted disapproval of ICE, asking for the county to become an ICE-Free Zone, and making comparisons between ICE and the Gestapo. Inside the County Government Center, the supervisors’ chamber was packed with community members filling the seats, lining the walls, and even filling an overflow room next door.

The forum provided the community a chance to hear from San Luis Obispo County Sheriff Ian Parkinson on how the Sheriff’s Office has interacted with ICE regarding individuals in custody at the county jail. Parkinson provided data on his office’s interactions with ICE, the TRUTH Act, and the California Values Act (SB 54).

The TRUTH Act requires a community forum to be held by a local governing body if a local law enforcement agency has returned notification responses to ICE during the prior calendar year. It was signed into law in 2016 by then-Gov. Jerry Brown. Additionally, the TRUTH Act requires consent for ICE interviews with arrested illegal immigrants and gives the illegal immigrant the right to refuse interviews with ICE.

Parkinson clarified that the Act means, “If we provided access [to ICE], this hearing is required.”

Implemented in 2017, SB 54 restricts state and local law enforcement from assisting with federal immigration enforcement. However, there are exceptions to this in the case of serious and violent crimes. With SB 54, law enforcement is not allowed to ask about immigration status, make arrests for immigration violations, or share data with ICE — unless that individual is involved with serious felonies like murder or violent sexual assault.

Parkinson went through what his department does and does not do when it comes to illegal immigrants that come into their custody. The department does publicly provide all incarcerated persons release dates via the Sheriff’s Office website. He clarified that in state law, that if an agency is already publishing custody information, it is legal to continue. SLO County has been publishing custody data for decades, according to Parkinson.

His department also allows due process rights under CA Law (SB54), complies with CA DOJ Reporting, informs the right to refuse an interview or have an attorney present, jail will provide a copy of ICE’s requests to the incarcerated person, any compliance or non-compliance will be provided on the copy of the request, and helps undocumented victims get U-Visas.

Parkinson explained that his agency does not enforce federal immigration law, deport anyone, have authority over ICE, ask about immigration status, conduct immigration sweeps, or detain anyone in jail for extra time due to immigration status.

Parkinson then explained his department’s process upon receiving anyone into the County Jail. First, the individual is identified — this can become complicated when false identification is given to arresting officers. Photographs are taken along with fingerprints to get the correct identification of the person being booked. When an individual is booked into county custody, their name may appear in federal records due to prior encounters, previous deportations, or documentation of unlawful presence in the country. This information can prompt ICE to issue a detainer to the Sheriff’s Office. The Sheriff’s Office then reviews the individual’s criminal history.

“I have a duty and responsibility to the safety and security of the residents of this county,” Parkinson said. “If I am going to release somebody back into the community that has been convicted of a violent felony, I don’t think that is very safe, number 1. Number 2, I think the second concern that I had was that I am putting this person back into the neighborhood. ICE is well aware that they were in our jail; they have more information on them through obviously public records, and now I am going to send them into the neighborhoods to pick up these people. Extremely dangerous in my mind.”

He added to why its safer for the community to have the individual arrested by ICE from the jail, “The other challenge that I have … if that person goes back to a residence and ICE goes to that residence to pick them up, if there’s four or three other family members living there that are not documented, they are taking everybody. That’s been their policy.”

Parkinson then presented the county’s 2024 and 2025 statistics regarding communications with ICE:

2024 Statistics:

  • Total ICE requests received: 111
  • Requests not complied with: 111
  • Requests honored: 0
  • Releases to ICE (CDCR): 1
  • US District Court Warrants / Federal Warrants: 1
    • Release to US Marshal’s Office: 1
  • Requests for interview: 4
    • Interviews completed: 0

2025 Statistics:

  • Total ICE requests received: 287
  • Requests not complied with: 204
  • Requests honored: 83
  • Releases to ICE: 69
  • US District Court / Federal Warrants: 19
    • Released to ICE: 15
    • Pending releases: 4
  • Requests for interview: 11
    • Interviews completed: 0

“There is such a deep level of distrust in regards to the atmosphere of the country,” District 3 Supervisor Dawn Ortiz-Legg said. “It’s very important that we understand the distrust that is going on, but we want to separate the federal government and the county government.”

Following Parkinson’s presentation and questions from the Board of Supervisors, nearly four hours of public comment took place. Public commentators were divided into one, two, and three-minute speaking groups.

Randall Jordan, chairman of the Republican Party of San Luis Obispo County, expressed his support for ICE and called on the community to support Sheriff Parkinson.

“It’s unconstitutional to cross our borders without being legal and without having permission,” Jordan said.

Supporters of ICE and the sheriff were met with repeated coughing noises from others in the room, prompting Supervisor Jimmy Paulding at one point to request that the disruption stop.

Chair of the Democratic Party of SLO Tom Fulks addressed the board during public comment, asking the supervisors to calm public fear by declaring SLO County an ICE Free Zone — an action echoed by many of the speakers that followed him. Many speakers said they are living in fear because of ICE and claimed the SLO County sheriff is working with ICE on a regular basis.

“ICE doesn’t respect the constitution, our local law enforcement does,” said Fulks.

Supervisors voted unanimously, 5–0, to create a subcommittee to further discuss and explore the options available to the county regarding ICE operations in San Luis Obispo County.

Staff will explore what extent to which the county can regulate access to its nonpublic properties, including whether ICE can be barred from using those facilities for certain operations. Supervisors also expressed interest in the possibility of receiving quarterly reports, as well as exploring whether additional health and social services could be directed to families impacted by ICE activity.

“I think there’s an opportunity here for us to work together with the sheriff to help raise awareness to the fact that these are the good guys,” said District 4 Supervisor Jimmy Paulding.

The full TRUTH Act forum can be watched at slocounty.ca.gov/departments/board-of-supervisors/board-meetings,-agendas-and-minutes

Feature Image: A crowd fills the SLO County Supervisor Chambers during the Tuesday, Jan. 27 TRUTH Act forum addressing ICE operations in SLO County. Photo by Rick Evans/MBL