San Jose approves unanimous ban on ICE staging at city facilities
San Jose’s City Council voted unanimously Tuesday to prohibit U.S. Immigration and Customs Enforcement, or ICE, agents from using certain city-owned properties as staging areas or operational bases for immigration activity. The plan bars ICE from using 11 city garages and parking lots, as well as the parking areas of 75 community centers and libraries.
The policy is part of a broader set of local actions aimed at freezing ICE out of specific jurisdictions and facilities. The measure comes after Santa Clara County adopted a similar policy blocking ICE from using county-owned vacant lots, garages and other spaces, and it also follows Chicago Mayor Brandon Johnson’s Oct. 6 executive order laying out comparable rules.
Ortiz: the city is for residents, not federal enforcement
District 5 Councilmember Peter Ortiz led the effort at the council meeting, saying the city was sending a “bold and unmistakable message” that city property exists “to serve our residents, not to facilitate federal actions that undermine community trust or public safety.”
Ortiz also acknowledged that the policy “has yet to be challenged in the court of law,” and he cited questions about enforcement. He added that, as the executive branch expands beyond its historical role to target residents, “so should we, in order to defend those we love and call our neighbors.”
As part of implementation, the city said signs stating prohibited use will be posted at all covered locations and gates will be installed where appropriate. The city also said city employees who become aware of ICE activity will be required to report it to their supervisors.
Enforcement details and limits
A city memo said that, although San Jose owns hundreds of vacant lots and spaces, many sites are located along creeks and aren’t accessible for public parking. The city said it will continue updating its list of prohibited properties.
The policy, officials said, would not prohibit properties and parcels already in use by federal agencies. A city manager’s office spokesperson also said there are no known city-owned properties being used for immigration enforcement purposes and described planning for future contingencies.
“The city has established safe site protocols in the event that immigration enforcement activities take place at city properties,” spokesperson Carolina Camarena told San José Spotlight. She added, “The next step is to develop and refine additional procedures that will ensure enforcement.”
City officials said the policy is not meant to interfere with federal duties under the law, including operating Transportation Security Administration checkpoints at San Jose Mineta International Airport for aviation purposes, as outlined in the memo.
Protests follow fatal shooting of Renee Good
The council action was taken in the context of recent national unrest tied to the fatal shooting of Minneapolis resident and U.S. citizen Renee Good last week by an ICE agent, according to the report. More than 1,000 protests took place across the country over the weekend.
Santa Clara County immigration advocates spoke at the meeting against what they said they have experienced with ICE agents and called for more state funding for legal protections.
Kim Guptill, a volunteer with the Rapid Response Network that documents and sends alerts of ICE activity in the county, said, “Our friends and neighbors all over the country and right here in San Jose live in terror, and it’s constant.” She also encouraged city leaders to push for additional philanthropic support for immigrant legal protections, saying, “I also encourage the mayor and his team to work harder and faster on getting his contacts in philanthropy to donate more to protecting our immigrant siblings, as he promised back on May 19.”
Prior city measures and upcoming review
San Jose has already implemented several policies aimed at protecting immigrant communities, including prohibiting law enforcement from masking in the city and investing $1 million to bolster immigrant defense organizations such as Amigos de Guadalupe, the report said.
With a population of nearly 1 million residents, San Jose’s residents are described as 41% immigrants. The council has also directed staff to analyze city investments in order to divest from corporations with potential ties to ICE, with city workers set to report back in March.
District 7 Councilmember Bien Doan said the issue affects multiple communities. “Because (it affects) not only the Hispanic community, it affects the Asian community immensely as well,” he said, adding, “When we unite and organize, we can make a difference.”