San Jose bans ICE from city properties in unanimous council vote

San Jose, whose population of nearly 1 million is 41 percent immigrant, joins a national movement of local governments that have acted to limit ICE’s access to publicly accessible spaces amid intensifying federal immigration operations and nationwide protests.

The San Jose City Council voted unanimously Tuesday to prohibit U.S. Immigration and Customs Enforcement agents from using 11 city-owned parking garages and lots and the parking areas of 75 community centers and libraries as staging areas or operational bases for immigration enforcement.

District 5 Councilmember Peter Ortiz, who led the effort, said the policy was intended to protect the relationship between residents and city services.

“We are sending a bold and unmistakable message: City property exists to serve our residents, not to facilitate federal actions that undermine community trust or public safety,” Ortiz said at the council meeting. “I do want to acknowledge that this policy has yet to be challenged in the court of law, and there are questions about enforcement. That being said, 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.”

Enforcement Provisions

Under the policy, signs stating prohibited use will be posted at all locations, and gates will be installed where appropriate. City employees who observe ICE activity at prohibited locations will be required to report it to their supervisors.

The policy does not prohibit federal agencies from carrying out other legal duties at city facilities. Transportation Security Administration checkpoints at San Jose Mineta International Airport remain unaffected, according to a city memo. Though the city owns hundreds of vacant lots and spaces, many are located along creeks and are not accessible for public parking.

A spokesperson for the city manager’s office said no city-owned properties are currently known to be used for immigration enforcement.

“The city has established safe site protocols in the event that immigration enforcement activities take place at city properties,” city manager spokesperson Carolina Camarena told San José Spotlight. “The next step is to develop and refine additional procedures that will ensure enforcement.”

Part of a National Movement

San Jose’s action follows a similar measure adopted by Santa Clara County, which blocked ICE from using county-owned vacant lots, garages, and other spaces. Both actions are part of a national movement that gained prominence after Chicago Mayor Brandon Johnson signed an executive order on Oct. 6 laying out comparable restrictions on city property.

Mayor Matt Mahan said the vote reflected a desire to maintain public trust in city services.

“We want all residents to know that they can safely come to their city, to use the services we provide, to work with (the San Jose Police Department) to report crime,” Mahan said. “Obviously, I have and we all share deep concerns about the way federal immigration enforcement is being carried out in our country right now.”

National Context

The vote came against the backdrop of the fatal shooting the previous week of Renee Good, a Minneapolis resident and U.S. citizen, by an ICE agent. More than 1,000 protests took place across the country over the weekend following the shooting, according to the Associated Press.

Santa Clara County immigration advocates who spoke at the San Jose meeting described the climate in their communities.

“Our friends and neighbors all over the country and right here in San Jose live in terror, and it’s constant,” said Kim Guptill, a volunteer with the Rapid Response Network, which documents and sends alerts of ICE activity in the county.

Broader Local Actions

San Jose’s population of nearly 1 million residents is 41 percent immigrant, according to city figures. Last year, the city prohibited law enforcement from masking in the city and invested $1 million to bolster immigrant defense organizations, including Amigos de Guadalupe. Councilmembers also directed staff to analyze the city’s investments with an eye toward divesting from corporations with potential ties to ICE; city workers are expected to report back in March.

District 7 Councilmember Bien Doan said the policy extended beyond any single community.

“We came together as friends and neighbors to address this issue,” Doan said. “Because (it affects) not only the Hispanic community, it affects the Asian community immensely as well. When we unite and organize, we can make a difference.”