Santa Clara County reverses course, bars ICE from jails

Santa Clara County is restricting access to Elmwood Correctional Facility in Milpitas following recent violent incidents involving federal immigration agents outside the jail.

The Sheriff’s Office has cordoned off the Elmwood parking lot, limiting access to people with scheduled visits, attorneys visiting clients, service providers and cleaning services. Visitors must present an identification card and explain the purpose of their visit. The policy — which began Friday following San José Spotlight’s reporting on an influx of U.S. Immigration and Customs Enforcement (ICE) agents waiting in the jail lobby and parking lot to detain people upon their release — is in effect indefinitely, according to sheriff officials.

“Our responsibility is to maintain a safe and secure environment for everyone who comes to Elmwood, including staff, visitors, service providers and those leaving our custody,” Sheriff Bob Jonsen said in a statement. “These changes are intended to improve safety, reduce disruptions and ensure the facility can continue operating effectively while respecting the rights of all individuals.”

Sheriff officials previously said they couldn’t interfere with law enforcement operations, despite a county policy that bars ICE from using its property for staging and arrests. That includes raising physical barriers and locking gates to prevent federal immigration agents from unlawfully using county properties for surveillance.

Huy Tran, executive director of nonprofit Services, Immigrant Rights and Education Network (SIREN), said it’s too soon to tell if the policy will help immigrants from being detained as they’re released from Elmwood. SIREN is one of 10 organizations that make up the Santa Clara County Rapid Response Network, which documents ICE activity and provides emergency legal aid to immigrants.

ICE agents are still present around the jail, Tran said, and individuals picking up people are also prohibited from entering the parking lot.

“We appreciate that the sheriff is trying to be responsive to what’s happening,” Tran told San José Spotlight. “But at least for what we’re seeing right now, it’s really just not enough. We need the county to step it up in terms of enforcing its own no staging policies.”

The presence of federal agents in the county has increased, following President Donald Trump’s announcement of a deployment to California at the beginning of October ahead of the elections. ICE observers said there were about 10 to 12 agents at the jails everyday last week, standing inside the lobbies, staging in parking lots and driving around county offices.

The observers documented ICE agents stopping cars leaving the jail, culminating in the hospitalization of one man on Oct. 28 after an agent used a Taser on him during a foot pursuit. Two nights later, observers reported an injury due to force used by federal agents, resulting in a volunteer going to the hospital.

One observer, who asked for anonymity due to fear of retaliation, said people leaving the jail have been able to safely get home because more volunteers have been present since the man was shocked with the Taser.

“The community has the power to keep each other safe, even in the face of ICE,” she told San José Spotlight. “I do think that ICE would 100% have detained more folks if we had not had such a strong community presence. The fact that community presence has exposed this ICE violence has also been part of what has led the county leaders to follow through on their promises and also change policy to keep folks safe.”

ICE has increased its presence not only at the jails, but around Santa Clara County. The Rapid Response Network has spotted 20 new ICE vehicles that have come in from nine different states in recent weeks, supporting local targeted operations, Tran said.

County Executive James Williams said the county is continuing to monitor the situation and will take further action when necessary to protect residents.

“The county will continue to take appropriate action to protect the safety and well-being of everyone who enters, works in or receives services at our facilities, and we will enforce county policies prohibiting the use of county property for unauthorized purposes,” Williams told San José Spotlight.

Immigrant advocates have continued to protest ICE in the region — and organized a Saturday protest at a Morgan Hill motel where they said agents were staying. Tran said when they arrived, they learned the agents had gotten word of the protest and left before it started.

“We stayed and protested anyway because we needed to make sure the message was put out that if (these hotels) are giving quarter to these agents, then they’re not going to get any peace,” Tran said. “The organizing piece has been crucial.”

Contact Joyce Chu at [email protected] or @joyce_speaks on X.