Whether they create a local law or the state does, Santa Ana councilmembers want to make sure the city’s police officers can’t moonlight for federal immigration enforcement agencies or contractors.
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“It’s proactive policymaking,” said Councilmember Phil Bacerra, who proposed creating a city law alongside Mayor Valerie Amezcua. “Why wait for something to happen?”
City administrators said they have no indication that any local officers currently work for such agencies on the side. Still, Bacerra said the goal is to maintain transparency between Santa Ana residents and the Santa Ana Police Department and ensure public trust remains high.
“The last thing we want is for there to be an instance that erodes trust,” Bacerra said.
Currently, officers are required to obtain written approval for outside employment under department policy, with requests routed through the chain of command, human resources, the police chief and the city manager. The proposed ordinance would add restrictions related to immigration enforcement to the Santa Ana Municipal Code, making it city law.
“I think the ordinance is needed,” said Councilmember Jonathan Hernandez. “It’s critical to the safety of residents that we give them the assurance that our officers don’t work for ICE and the city of Santa Ana.”
The new law was one of two related proposals discussed Tuesday during the council’s regular meeting.
The second proposal, introduced by Hernandez and Councilmember Benjamin Vazquez, would formally support the proposed AB 1537, state legislation known as the No Side Jobs for ICE Act. Supporters say the bill would close what Assemblymember Isaac Bryan (D-Los Angeles) and co-sponsors, including the Harbor Institute for Immigrant & Economic Justice, describe as a “loophole” in California’s sanctuary protections.
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If passed, AB 1537 would add secondary employment in immigration enforcement to the list of conflicts of interest for peace officers and could subject violators to decertification by the state Commission on Peace Officer Standards and Training, according to the bill’s sponsors.
Hernandez said it is important for Santa Ana to take a formal position supporting the legislation “to show that the brownest city in Orange County, and most heavily impacted, took a stance on legislation found to be important for the safety of residents.”
He encourages other cities to support the measure, adding that he backed the bill in part because of Bryan’s track record of passing legislation.
But Bacerra argued for the city to create its own policy, saying it cannot wait for the state to act.
Mai Nguyen Do, research and policy manager for the Orange County-based Harbor Institute, said the proposed bill would help ensure agencies operating within the region are held to the same standards, noting that SAPD officers are not always the only law enforcement personnel operating within city limits.
Councilmembers said the bill is currently in legislative suspense in Sacramento.
The council directed city staff to return within roughly 90 days with a draft resolution supporting the state bill and a proposed local ordinance.
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