CalEPA memo on immigration enforcement spurs public calls for clearer protections at Water Board meetings

Public commenters at the State Water Resources Control Board’s May 6 meeting urged the board to spell out clearer protections for people attending public meetings after a CalEPA memo describing limitations on staff interaction with federal immigration agents became public.

Speakers raised civil‑rights, public‑safety and outreach concerns and asked the board to use its communication channels to let communities know what the memo means for participation in board and regional hearings. They also asked the board to consider sworn public hearings in cases where complainants say local investigations were incomplete.

At the meeting, LULAC representative Jeff Ellsworth described a coalition letter seeking public hearings with sworn testimony about workplace safety and civil‑rights complaints at Clover Flat Landfill in Napa County and said the regional inquiry so far “does not satisfy the need for objectivity.” Barbara Berrigan, representing Restore the Delta, said the CalEPA memo has chilled participation by immigrants and by people of color and said the guidance “instructs CalEPA employees to not interfere, not to communicate, not to promise a safe space.”

Board leadership and staff called the concerns serious and pledged to continue outreach. Executive staff and the board’s general counsel said the memo restates current federal law and the California attorney general’s guidance about agency employees’ limited authority to impede federal enforcement actions. Board counsel said the memo was intended to give public‑engagement staff practical procedures to use when immigrant communities are worried about attending meetings.

Commenters asked for more proactive, plain‑language outreach, and for options such as allowing community groups to speak on behalf of affected individuals, offering remote sworn testimony where appropriate, and clearer public instructions on how to participate safely. Chair Joaquin Esquivel said the board takes the concerns seriously and would continue to communicate with CalEPA public‑engagement staff and the Office of the Attorney General.

Board members did not adopt a specific policy at the meeting; staff said they would work with CalEPA’s Office of Public Engagement and Tribal Affairs, the attorney general’s office and regional boards to refine outreach and to consider practical implementation measures that respect the legal limits the memo describes.

Ending: Commenters said they will continue to press for formal changes in public‑participation procedures and, in some cases, public hearings with sworn testimony. The board said it will accept written follow‑up and pursue clarifying outreach materials for communities who are reluctant to participate.