Modesto police chief tells board SB 54 limits local immigration enforcement; community seeks clarity

Modesto Police Chief Brandon (Brandon) Gillespie told the Community Police Review Board on Feb. 19 that state law limits local law enforcement’s role in immigration enforcement and that the Modesto Police Department will not engage in “general immigration enforcement.”

“SB 54, Senate Bill 54, is very clear on law enforcement agencies in California on our interactions with immigration officials,” Gillespie said. He described the department’s policy as one that will cooperate with federal officials only in cases involving judicial warrants or alleged serious or violent crimes. "I don't care about somebody's immigration status. If somebody is a danger to the community or wanted on some type of serious or violent crime, my duty is to protect our community," he said.

Why it matters: Several community members said fear of federal immigration actions is suppressing cooperation with police and keeping people from work or school. Board members and residents asked whether federal agents can operate in hospitals, schools or churches and whether Modesto can or should notify residents if federal operations occur.

Gillespie said local agencies have no legal authority to prevent federal immigration actions and that federal agents have separate jurisdiction. He told the board that, in the last month, he was made aware of a few federal immigration actions in the city but that Modesto police did not assist. "We were notified that they were here, and we did not assist them," he said.

Board members and residents pressed for better public information. Community members asked whether the department can notify neighborhoods in advance of federal activity and urged more outreach to undocumented residents to reduce fear. One commenter asked whether ‘‘Know Your Rights’’ red cards circulating locally are accurate; Gillespie urged people to seek legal advice and said cards can be helpful but urged caution about taking them as definitive legal guidance.

Gillespie described outreach steps the department is taking: public meetings in Spanish, social media postings, and participation in Project Resolve, a community-law enforcement group that meets quarterly. He asked community organizations to help disseminate accurate information about local practices and the limits of state law.

There was no change to departmental policy at the meeting. Board members asked for continued public outreach and for the police department to clarify responses to written requests for scheduling or detainee-release information.

Direct quote: "We do not engage in general immigration enforcement," Gillespie said. "Per our SB 54, we are not allowed to ask somebody's immigration status when we come into contact with someone..."

The board did not adopt any motion related to immigration at this meeting.