Santa Cruz County Municipal Code Ch. 10.07 Use of County Property for Civil Immigration Enforcement Prohibited

The Board of Supervisors finds that the detention and deportation of Santa Cruz residents solely on the basis of their immigration status interferes with the mission and values of the County of Santa Cruz to cultivate a healthy, safe and more affordable community that is culturally diverse, economically inclusive, and environmentally vibrant. Accordingly, the purpose of this chapter is to ensure that the limited resources of the County of Santa Cruz are not used for the counterproductive purpose of civil immigration enforcement.

(Ord. 5510, 3/24/2026)

(A)

"Immigration Enforcement Action"

means any investigation, search, inquiry, or action undertaken to enforce Federal immigration law, whether civil or criminal, regarding a person's entry or reentry, presence, or employment in the United States on the basis of immigration or citizenship status.

(B)

"Staging Area"

means an area that is used to assemble, mobilize, and deploy vehicles, equipment, or materials, and related personnel, for the purpose of carrying out civil immigration enforcement operations.

(C)

"Processing Location"

means an area that is used for activities such as the identification, intake, processing of documentation, detention, arrest, or temporary holding of individuals.

(D)

"Operation Base"

means an area that is used to plan, coordinate and execute activities.

(Ord. 5510, 3/24/2026)

(A) Use of County property for civil immigration enforcement is prohibited as follows:

(1) No County-owned or County-controlled parking lot, open space, or building shall be used as a Staging Area, Processing Location, or Operations Base for Federal civil immigration enforcement activities.

(2) No County department, agency, officer, or employee shall give consent for Federal officials to use a County-owned or County-controlled parking lot, open space, or building as a Staging Area, Processing Location, or Operations Base for Federal civil immigration enforcement activities, and no such purported consent by a County department, agency, officer, or employee shall be deemed consent by the County for any such use.

(3) No County department, agency, officer, or employee shall give consent for Federal officials to access or use non-public areas of County facilities for purposes of civil immigration enforcement without a valid warrant signed by a Federal or State judicial officer, or other signed writ or order from a Federal or State judicial officer authorizing such access, and any purported consent by a County department, agency, officer, or employee without such a warrant shall be deemed consent by the County for any such access or use. "Administrative warrants" issued by a person or entity other than a Federal or State judicial officer are not considered to be valid warrants within the meaning of this section. However, nothing in this section shall prevent the County, including any agency, department, officer, employee, or agent of the County, from lawfully discharging their duties in compliance with and in response to a lawfully issued judicial warrant or other order evidencing a judicial determination of probable cause.

(B) Exemptions. The above prohibitions shall not apply to any actions taken by a Santa Cruz County law enforcement official acting within the scope of their official duties or to property subject to their exclusive control.

(C) The County Executive Office shall develop procedures necessary to implement this chapter. The procedures must provide that any County employee who becomes aware of the attempted or actual use of a County-owned or County-controlled parking lot, open space, or building for a Staging Area, Processing Location, or Operations Base for the purpose of civil immigration enforcement shall immediately report such to their supervisor, who will communicate with the County Executive Office and County Counsel.

(D) The County Executive Office shall ensure that, wherever appropriate, physical barriers such as locked doors and gates are used to limit access to County-owned and County-controlled parking lots, open spaces, and buildings consistent with this policy.

(E) Nothing in this chapter shall be construed as restricting or interfering with:

(1) The execution of valid judicial warrants or court orders from Federal or State judicial officers.

(2) The investigation or enforcement of criminal law.

(3) The rights of any person or entity under Federal or State law.

(F) Nothing in this chapter shall be interpreted or applied so as to create any County requirement, power, or duty in conflict with Federal or State law.

(Ord. 5510, 3/24/2026)

(A) Civil Action. Any interested person may initiate a civil action against any person or entity that uses County property for any unlawful or unauthorized purpose in violation of the provisions of SCCC § 10.07.030(A)(1).

(1) No civil action may be initiated against the County of Santa Cruz or its departments, agencies, officers, or employees for any alleged violation of this chapter.

(B) Penalties. If a person or entity in such civil action is found to be in violation of SCCC § 10.07.030(A)(1), such person or entity shall be required by the court to pay a civil fine in an amount not to exceed $1,000 for a first violation and in an amount not to exceed $10,000 for a second or additional violation. Such civil fines shall be payable to the County Auditor-Controller-Treasurer-Tax Collector. Any person initiating civil action pursuant to this section shall file a copy of the complaint with the Clerk of the Board of Supervisors within 10 calendar days of filing with the court.

(Ord. 5510, 3/24/2026)

The provisions of this chapter are severable. If any section, paragraph, sentence, phrase, or word of this chapter is declared invalid for any reason by a court of competent jurisdiction, such determination of invalidity shall not affect the validity of any other portion of this chapter, which shall remain in full force and effect.

(Ord. 5510, 3/24/2026)