Plans for federal immigration detention facilities near Gilroy and Dublin have highlighted a gap in Marin County’s planning regulations, according to a county announcement issued late Tuesday.
Next week, the Marin County Board of Supervisors will consider adopting an approach used by other local governments to enact building regulations that might be used to inhibit federal facilities for detainees of Immigration and Customs Enforcement.
The supervisors will consider issuing a 45-day moratorium on new or expanded correctional facilities in unincorporated areas of the county. If approved, it would take effect immediately and temporarily prohibit the siting, construction, conversion, expansion or operation of new or expanded detention facilities, whether publicly or privately operated.
“This follows on the heels of many other counties throughout California taking action to otherwise prohibit those based upon public health, safety and infrastructure, emergency response and other issues that are related to the broader community,” said County Executive Derek Johnson at Tuesday’s Board of Supervisors meeting.
He said the urgency ordinance is about preserving the county’s ability to plan rather than react to an application for a detention center. The county can have time to put the proper policies in place, he said.
“A building doesn’t become suitable for detention simply because it can be converted,” said Marin Community Development Agency Director Sarah Jones in a statement.
The county said it wants to examine potential impacts on water and wastewater capacity, emergency access, public health and surrounding neighborhoods. The county also cited infrastructure constraints and preparations for the upcoming storm season.
Other counties take similar action
The proposal comes amid federal plans for detention facilities near the Bay Area cities of Gilroy and Dublin.
On Oct. 8, the Gilroy City Council approved a temporary, 45-day ban on new detention facilities on public or privately owned property, with the option to extend it for a total of two years. That moratorium serves as the city’s opposition to the planned U.S. Immigration and Customs Enforcement facility on Holsclaw Road, just outside of Gilroy.
In August, U.S. Rep. Sam Liccardo, D-San Jose, released a policy “toolkit” to aid local governments in deterring detention facilities, with a focus on local land use policies regarding fire safety, environmental consideration, density restrictions and infrastructure capacity. The recommendation to enact a temporary moratorium on approvals for private detention facilities buys time for local governments to draw up new land use rules and requirements that could deter federal detention center projects.
The Marin moratorium would apply only in areas where the county has land-use authority and would be subject to state and federal law. It would not halt federal immigration enforcement or close existing detention facilities. The board could extend the moratorium for up to two years if officials determine additional time is needed to develop regulations.
The proposal follows the board’s Oct. 20 adoption of a separate policy prohibiting county property, resources and confidential information from being used in connection with federal immigration enforcement.
