Immigrant Rights and Resources in Oakland

Oakland has a long-standing commitment to protecting the rights and dignity of all residents, regardless of immigration status. The city has been a City of Refuge since 1986 and reaffirmed its Sanctuary City status in 2016. The cooperation agreement with ICE was terminated in 2017, and the Oakland Sanctuary City Ordinance (Ordinance No. 13515) was enacted in January 2019 to formalize this commitment.

Under Ordinance 13515, OPD:

• Cannot provide assistance to ICE or its subdivisions, including traffic control or operations, except:
  
  • During a public safety emergency related to an ICE action
  • When required by federal or state statute, regulation, or court order
• If OPD assists ICE under these exceptions, the department must submit a written report to the Public Safety Committee explaining the circumstances.

No. Officers cannot share non-public information such as:

• An individual’s address
• Court dates
• Release dates

Such information may only be released if a judicial warrant is provided.

No. Officers may not inquire about or request proof of immigration status while providing services or benefits. The only exceptions are when immigration status is required by law, such as when processing a U visa or T visa for victims of certain crimes or trafficking.

No. OPD officers are prohibited from:

• Enforcing or assisting in the enforcement of civil immigration laws
• Initiating investigations to determine immigration status
• Detaining individuals for violations of civil immigration laws.

If ICE requests operational assistance:

• Directed to the on-duty watch commander for approval.
• The watch commander must notify the Chief of Police (or designee) immediately.
• The Chief or designee will evaluate the request based on:
  
  • Compliance with the California TRUST Act
  • Public and officer safety
  • Availability of OPD resources

No. OPD does not collect or maintain information about immigration status, unless it is specifically required for U visa or T visa documentation.

Under California Government Code §15160, law enforcement officers may not use CLETS (California Law Enforcement Telecommunications System) to:

• Obtain information for immigration enforcement purposes, or
• Investigate violations of 8 U.S.C. §1325 (illegal entry) when that is the only criminal record present.

If OPD provides any assistance to ICE (outside of emergencies or mandates), the department must

• Report the action to the Public Safety Committee
• Justify the circumstances under which assistance was provided.

• OPD’s role is to protect public safety, not to enforce immigration law.
• The department upholds California state law, local sanctuary policies, and civil rights protections for all community members.