San Diego County jail transfers of non-citizens to ICE rise sharply, testing warrant and sanctuary rules
Transfers from local custody to federal immigration authorities increase as county and sheriff clash over governing authority
San Diego County’s jail system has recorded a steep rise in transfers of non-citizen inmates into U.S. Immigration and Customs Enforcement custody, drawing renewed scrutiny to how California’s sanctuary framework is being applied and who sets the rules inside county detention facilities.
County records show 30 people were transferred from San Diego County jails to ICE in 2024. In 2025, the number increased to 48 transfers between January and August, indicating a pace that—if sustained through the full year—would put transfers at roughly double the prior year. The same records show that 10 of the 48 transfers in that eight-month period occurred without a judicial warrant, despite a county policy that requires one for cooperation in San Diego County.
What the law allows—and what local policy adds
California’s Values Act (SB 54), in effect since 2018, limits when state and local agencies may provide information to federal immigration authorities or facilitate transfers. The law permits certain forms of cooperation for people with specified charges or convictions, but it does not require cooperation. Separately, the TRUTH Act requires public reporting and community forums about ICE access to people in local custody.
San Diego County supervisors adopted a policy in December 2024 aimed at tightening local cooperation with civil immigration enforcement. Soon after, Sheriff Kelly Martinez said the Board of Supervisors does not set policy for the Sheriff’s Office and that she would not follow the new policy, setting up an ongoing governance dispute between two elected entities.
Judicial warrants vs. administrative requests
A core issue is whether transfers occur based on judicial warrants signed by a judge, or on administrative immigration detainers and warrants issued within the federal executive branch. County policy requires judicial warrants in San Diego County for cooperation, while the Sheriff’s Office has argued it retains independent authority to operate county jails and make operational decisions regarding transfers.
2024: 30 transfers from county jails to ICE; 11 involved judicial warrants.
Jan.–Aug. 2025: 48 transfers; 10 occurred without judicial warrants under the county’s standard.
Past disputes highlight legal gray areas
The rise in transfers follows earlier disputes over whether specific cases qualified under SB 54. In one contested 2023 transfer, the Sheriff’s Office asserted the handoff was lawful under a section of SB 54 addressing felony convictions punishable by imprisonment, while advocates argued another SB 54 provision limiting eligibility by conviction timeframes should have barred the transfer. The episode underscored that multiple SB 54 provisions can apply to the same case and may point in different directions.
New county ordinance targets access to non-public spaces
In January 2026, the Board of Supervisors approved an ordinance restricting federal agents’ entry into non-public areas of county facilities without a judicial warrant or court order. The ordinance also established procedures for staff to review warrants and escalate requests through supervisory channels.
County leaders and the sheriff remain divided over how far county ordinances can go in directing jail operations, and whether transfers without judicial warrants comply with local standards.
The next annual TRUTH Act cycle places a public spotlight on 2025 activity. A county TRUTH Act community forum was scheduled for March 24, 2026, to receive public questions and comment on ICE access to people held in county custody during 2025.