Two South Bay cities pass temporary ban on ICE detention facilities

By Nollyanne Delacruz

Originally published in the Mercury News

Los Gatos and Saratoga prevented federal immigration officials from extending their reach into the West Valley with the recent passage of temporary prohibitions on the construction of detention or processing facilities within their jurisdictions.

Staff in both municipalities anticipated that the Department of Homeland Security and Immigration and Customs Enforcement would expand detention capacity in California, as the federal agencies already have tried and so far failed to do in Gilroy.

The urgency ordinances passed by both councils immediately prohibits the construction or use of properties by the federal agencies in both Los Gatos and Saratoga for detention, custodial detention facilities or custodial processing facilities for the next 45 days.

The temporary ban in Los Gatos was passed on Nov. 2 in a 4-0-1 vote with Councilmember Mary Badame abstaining. In Saratoga, it was unanimously approved on Nov. 4

“At a time when our immigrant neighbors are under attack, we have an obligation to make sure no property in Los Gatos becomes part of the machinery being used against them and that every person who lives in our town, no matter where they were born, deserves to know that their local government will use every tool it has to protect their health, safety and dignity,” said Los Gatos Mayor Rob Moore.

Congressman Sam Liccardo released a toolkit in August to show how local governments can use land use and zoning laws and building regulations to prevent the expansion of ICE detention facilities.

San Jose, Mountain View, Palo Alto and Gilroy have passed similar moratoriums, along with Santa Clara, San Mateo and Monterey counties, according to a news release from Liccardo’s office, which praised Los Gatos for passing the short-term ban.

“By taking this step now, these jurisdictions can protect the health and safety of their residents and restrict potential actions by DHS to convert vacant buildings into ICE detention or processing centers,” said Liccardo in a statement.

At a special meeting on Nov. 2, the Los Gatos council acted swiftly to pass its ordinance since it may be more difficult to do so later on. In September, Gov. Gavin Newsom signed Senate Bill 1367, a law that would restrict local governments from approving new land uses or structural conversions intended for private detention and temporarily holding facilities across the state.

However, the law doesn’t take effect until Jan. 1, 2027, and town staff warned Los Gatos councilmembers that ICE will likely search for new sites before that date.

A spokesperson from Liccardo’s office, said in an email to this news organization the law could face legal challenges, so Liccardo’s toolkit gives local leaders a way to take action before the new year.

Cindy McCormick, Saratoga’s acting community development director, said city code does not expressly permit, conditionally permit or define detention or custodial detention facilities or custodial processing facilities. She said this lack of a clear definition or classification creates uncertainty and the possibility that a proposal could be characterized under a broad use category.

Los Gatos town attorney Gabrielle Whelan gave a similar warning.

Badame questioned the need for an explicit ban, noting the town’s building code already prohibits uses not authorized by a specific listing or category. Whelan said although the town zoning code states any use that isn’t explicitly permitted is prohibited, an applicant could possibly argue that a detention facility is a permitted use.

During public comment at both council meetings, some spoke in favor of the ban as a show of support to undocumented residents while others said they did not see the need for it.

“Local businesses do not want ICE here, not only because it will drive business away, but more importantly because they care deeply about their employees, their customers and neighbors,” said a Los Gatos resident named Julie G., who also volunteered with local businesses on Know Your Rights campaigns.

In Saratoga, Bill Dalton, a City Council candidate who has pulled the third-most votes in the recent election, told the current council to reject the ordinance.

“The staff and council should be focused on real problems in Saratoga, not an imaginary one,” Dalton said.

In her abstention, Badame said she did not see a need for the ban because the town had not received any federal contact or application or identified a site for a detention center, making the threat just speculative with no actual concern.

Los Gatos Councilmember Matthew Hudes, who voted in support of the ban, said the issue was more about local control and land use. He expressed concern that words from the federal agencies did not match their actions, which made it necessary for the town to be proactive.

“The history of DHS in Gilroy constitutes a possible similar situation here, and I see signing a lease and moving forward with plans for a detention center without going through the land use process as something that troubles me quite a bit,” said Hudes.

Saratoga Councilmember Kookie Fitzsimmons said she was voting in support of the temporary ban because it expires after the newly elected councilmembers are sworn in.

The first meeting with new councilmembers is scheduled for Dec. 16. The ban would only be in effect until Dec. 19, giving the new council the ability to vote to extend.