The Board of Supervisors has approved an interim urgency ordinance that would bar the construction or establishment of detention facilities in unincorporated areas of Marin.
The move comes at a time of escalating immigration and enforcement activity in the county, where legal observers say agents used shock gloves during a recent arrest and many residents are calling for a stronger stance against ICE.
“I would like to start by saying up front that this item is not intended to be a substitute for the action that has been asked of the board to regulate ICE activity,” said Sarah Jones, the director of the Community Development Agency, as she introduced the ordinance on Tuesday. “This is part of an overall effort to align our policies with a goal to limit the use of Marin’s private and public property to advance ICE operations.”
The 45-day moratorium prohibits the construction or conversion of any structures into detention facilities, correctional facilities, or detention support facilities. It is anchored in state code that allows the county to adopt such a change for the purpose of protecting public safety, health, and welfare, and it can be extended for just shy of two years.
There are no pending permit applications for detention centers, but the moratorium allows the county to suspend the filing or acceptance of any future bids.
Ms. Jones said proposed facilities in places like Gilroy raised concerns for Marin about whether its code could accommodate the intensive uses associated with such facilities without adversely affecting surrounding properties and infrastructure. The county cited strains on water and wastewater systems in particular.
Between now and the time the moratorium ends, the agency will assess needed measures to regulate and mitigate land-use and community impacts of such facilities.
“We are in a state of emergency with the El Niño season, and our staff resources would be overtaxed with reviewing a development proposal for this unanticipated use,” Ms. Jones said.
Some 50 speakers addressed the supervisors prior to their vote, the majority supporting the moratorium but saying it was not enough. An ICE Free ordinance, which several other California counties have adopted, would prohibit immigration enforcement from utilizing county personnel and resources or entering county property.
Amy Blevins, a nurse and a volunteer with the Marin Rapid Response Network, observed a disturbing arrest on Oct. 23, when ICE agents took a young man from the county jail and used shock gloves on him. “You could see the panic in his face,” she said, describing how the agents forbade her and another legal observer from accompanying them inside the elevator.
Outside the building, Ms. Blevins saw the man wince in pain as the agent touched him once more with the gloves. “This behavior is illegal, it’s immoral, it’s destroying families,” she told the Light. “All of our community needs to step up.”