Will Santa Clara County arrest ICE agents at Super Bowl?

As the clock ticks toward the Super Bowl, one Santa Clara County leader’s vow to arrest ICE agents may force officials across the valley to confront their own rhetoric — pitting local cops against federal ones.

There was no mistaking Board of Supervisors President Otto Lee’s emotional threat Tuesday. Now some city and public safety leaders are reacting, saying they endorse the spirit of Lee’s statement if perhaps not word-for-word. It highlights the tightrope officials are walking between reassurances to residents afraid of unlawful killings, and refraining from provocative gestures for fear of an escalation with federal authorities.

“Let me be absolutely clear — no one is above the law, there is no such thing as absolute immunity and there is no license to kill,” Lee said at the meeting. “If anyone comes into our county masked, spreading terror, breaking laws or threatening our residents, they will be arrested by our sheriff deputies and police officers.”

Lee’s comments have raised questions about whether county leaders are hashing out clear guidance on when the arrest of a U.S. Immigration and Customs Enforcement (ICE) agent is necessary — and how they would respond if the killings in Minneapolis happened in Santa Clara.

District Attorney Jeff Rosen said he’ll “absolutely” launch an investigation if ICE-involved shootings occurred in Santa Clara County, with or without the cooperation of the federal government. That investigation would largely take the same form as any standard officer-involved shooting probe, which generally takes three to six months, Rosen said.

About six months ago, Rosen said he and the county’s police chiefs and sheriff became concerned about something like Minneapolis occurring, and are preparing for an ICE incident at the Super Bowl on Feb. 8 through discussion-based simulations that include the leaders of federal agencies’ local branches.

“It sounds like (Supervisor Lee) is expressing a similar sentiment in a slightly different wording than I have — but it sounds like he’d be supportive of what I’m saying is going to happen,” Rosen told San Jose Spotlight. “I think very carefully about what I say and how I say it, particularly of this issue of ICE enforcement. I think there is a great risk of escalation and violence and so as the top law enforcement official in this county, I want to do everything I can to de-escalate.”

Top of mind for Rosen is the unpredictability of the federal government.

“Personally, it is painful and distressing to me that ICE is pitting local and federal law enforcement against each other,” Rosen said. “I want to do everything I can to not let that happen.”

Santa Clara Councilmember Kevin Park is making the same calculus in real time, as he’s bringing forward a policy declaring his city a “sanctuary city” at the 11th hour before the Super Bowl.

“The short answer is, I don’t know what will happen to us as a result of this,” Park told San José Spotlight. “Will the federal government pull funds used to support these large events, which the Bay Area Host Committee and NFL have worked so hard to put together?”

On top of the Super Bowl, the FIFA World Cup is planning to hold games in Santa Clara during the summer. Much is at stake, with county leaders scrambling for security funding and San Jose and Santa Clara hoping to avoid a repeat of 2016, which saw San Francisco reap most of the economic benefits. Amid widespread reports of a possible ICE presence at the Super Bowl, San Jose has been at the forefront of preparing. It has made the effort to educate businesses and organizations ahead of the events and create contingency plans for ICE operations, which includes deescalation efforts and connection to services.

Park said he doesn’t want to put these events in jeopardy, but protecting the people who work at and attend the Super Bowl should be the priority.

“I think that Supervisor Lee is right to prioritize the safety of the people first,” Park told San José Spotlight. “We will not interfere with the proper process of enforcing the law, but again — where that process hurts people or oversteps personal freedoms and health — then I believe it’s our duty to step in.”

A Santa Clara County Sheriff’s Office spokesperson said the office shares in the concern about the Minneapolis killings, but has consistently expressed that Sheriff Bob Jonsen cannot interfere with the operations of federal immigration enforcement.

“If any individual — including a federal agent — were to commit a criminal act within our jurisdiction, we would respond as we would in any case: by following established legal processes, coordinating with appropriate authorities and ensuring that any action is grounded in law, evidence and due process,” spokesperson Sgt. Brooks Jarosz told San José Spotlight.
It remains to be seen whether those cautious commitments will be fulfilled. Mariam Arif, spokesperson for the Services, Immigrant Rights and Education Network (SIREN) of Santa Clara County, said her organization understands that an ICE arrest can only happen when agents overstep their authority and get out of hand.

SIREN helps manage the Rapid Response Network, a group of volunteers that documents ICE activity, sends alerts to the community and provides free emergency legal support for immigrants.

“Our only hope is local law enforcement holds up to their promises,” Arif told San José Spotlight.

Contact Brandon Pho at [email protected] or @brandonphooo on X.