


Public criticism of Marin Sheriff Jamie Scardina’s decisions to contact federal immigration officials regarding the release of 13 county jail inmates is part of the checks and balances of California’s TRUTH Act.
Signed into law in 2016, the Transparent Review of Unjust Transfers and Holds Act requires the local government to publicly report, annually, when it has given the federal Immigration and Customs Enforcement Agency access to suspects being held in county jail.
In 2023, Scardina reported to the county Board of Supervisors that he received 82 requests for information regarding inmates and responded to just 13 of them.
That number is far fewer than the 33 responses made with ICE during 2022.
Scardina’s decision to respond to those 13, he said, was based on public safety. They were suspects — undocumented immigrants — being held on suspicion of serious or violent crimes. Seven of the 13 were repeat offenders, including one who had been arrested 18 times and another who had been arrested 12 times, Scardina told the supervisors. One first-time inmate has been booked on suspicion of 2 kilograms — or more than 2 pounds — of fentanyl, a powerful opioid that has been linked to deadly accidental overdoses.
Scardina estimated that amount is “over a million lethal doses that we took off the streets in Marin County.”
Among the charges the 13 people faced were felony driving under the influence, theft, burglary, narcotic sales, evading arrest, threat to terrorize, false imprisonment, grand theft, domestic violence, robbery, assault with a deadly weapon and sexual assault.
Scardina knows his actions weigh heavily on how the public perceives risk to public safety. He takes the safety of the public seriously.
But as in past TRUTH Act hearings, Scardina’s office drew criticism for cooperating with ICE at all and giving federal immigration agents access to suspects who had not yet stood trial.
Supervisors Mary Sackett and Dennis Rodoni raised the latter issue.
Scardina said that he will not notify ICE of inmates’ release if they had been found not guilty or not held to answer in their case.
The dilemma is the United States’ broken immigration system and the crisis it faces on our southern border.
The failure of Congress and the White House to pass long-needed reforms was played out at the Marin Civic Center supervisors chambers.
Public comment stretched from condemning ICE to calling for tougher enforcement of immigration laws.
The same comments were heard last year.
Scardina’s policies are responsive to both, while also responding to many Marin residents and businesses who rely on the sheriff to make such decisions based on public safety.
Scardina’s policies try to bridge that gap by limiting cooperation with ICE and only responding to its inquiries when the inmate is behind bars in connection with a serious or violent crime.
That there were only 13 cases last year where the sheriff responded to ICE requests is a reflection that that measure is reserved for those behind bars for severe crimes, those whose crimes warrant ICE’s involvement.
The annual TRUTH Act hearing is one way to hold the sheriff’s department accountable to the public, requiring the sheriff to prepare a report and giving the public an opportunity to raise questions and speak their piece.
Once again, Scardina is showing that he’s responsive and responsible.