Two members of the Orange County Sheriff’s Department have been placed on leave during an investigation into their actions when a man visiting his son on Halloween at the county jail was taken into custody by federal agents.
The deputy and Orange County Sheriff’s Special Officer were placed on leave during an investigation into whether they violated department policy and a state law that limits how local and state law enforcement agents can assist in federal immigration enforcement, such as ICE operations. SSOs typical handle security duties at county buildings, courthouses and correctional facilities.
Family members identified the father detained by the masked federal agents in protective vests labeled “Police ICE” as 69-year-old Jesús Esparza. His daughter AdrianaEsparza told Telemundo 52 earlier this month that her father, who works in construction, has no criminal record and has lived in the United States since 2000. She said he was taken into custody as he left the jail.
New video of the Halloween incident outside Men’s Central Jail was released Friday. The video was obtained by NBCLA after filing a public records request.
The video shows ICE agents parked outside the jail in an unmarked black SUV. Two sheriff’s department members can be seen on the sidewalk appearing to speak with someone inside the SUV.
“The department identified a Deputy and Sheriff’s Special Officer (SSO) exiting the Intake Release Center, approaching the black SUV, and appearing to have a five second conversation with the people in the vehicle. Shortly after the Deputy and SSO left, a second vehicle arrived,” the department said in a statement. “ICE agents exited both vehicles and entered the public courtyard outside the visitor’s entrance. The ICE agents contacted and arrested a man who appeared to be hiding in the public courtyard.”
Both members were placed on administrative leave during the investigation involving the video, which also showed federal agents placing a man in custody inside the SUV.
In a statement Friday, the department said it received a complaint Nov. 3 OC Sheriff’s “personnel may have communicated with ICE agents.” The department immediately began an internal investigation, the agency said.
In its statement, the department said local law enforcement may communication with ICE to release criminal offenders form custody facilities under “very limited circumstances.”
“Securing the border and enforcing immigration law are important federal responsibilities,” Orange County Sheriff Don Barnes said in the statement. “The Orange County Sheriff’s Department does not enforce federal immigration law. That has not and will not change.
“I will fully cooperate with ICE to the extent the law allows to prevent serious criminal offenders from returning to the communities they have preyed upon. Personnel acting outside the law and Department policy will be held appropriately accountable. We will enforce state and local laws equally, without bias, and without concern for anyone’s citizenship. I want the community to continue to feel safe in calling for assistance, reporting crime, and visiting the jail regardless of their immigration status.”
Orange County Supervisor Vicente Sarmiento, in a Nov. 2 letter to Barnes, expressed concerns about the detention and presence of federal agents outside the jail and whether the department was in violation of the SB54, also known as the California Values Act. Effective since January 2018, the act limits the use of state and local resources for federal immigration enforcement purposes.
Barnes issued a response, denying any cooperation that violates state law.
Family members said Esparza is being held by federal authorities at the Otay Mesa Detention Center.
Telemundo 52 reached out to ICE for details about why Esparza was taken into custody.
Family members said they are concerned Esparza could be deported to Mexico after more than two decades of living in the United States.