The top federal prosecutor in Southern California is warning Santa Ana officials that a proposed policy requiring public notice of federal immigration enforcement operations could endanger officers, disrupt criminal investigations and expose city employees to prosecution.
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U.S. Attorney Bill Essayli issued the warning in a letter sent Friday to Santa Ana City Attorney Sonia Carvalho, saying the proposal to publicize courtesy alerts from Immigration and Customs Enforcement (ICE) “will not only hurt public safety, but it will also subject the city and its employees to potential criminal prosecution.”
The proposal, which Santa Ana councilmembers discussed at a May meeting and asked their staff for more information, would require the Police Department to post ICE notifications online within 48 hours of receiving them. The alerts envisioned by some councilmembers would include the time, location and nature of the enforcement activity, and be shared publicly in English, Spanish and Vietnamese.
Some councilmembers raised questions about the legality of the policy and whether it could expose the city to retaliation and asked for more staff analysis.
Essayli’s letter sparked backlash from Councilmember Jessie Lopez, who criticized both the message and the messenger.
“This is from a Trump-appointed U.S. attorney. This guy was literally handpicked by him,” Lopez said. “This is a chilling reminder of how this administration is using the Department of Justice to intimidate local governments that stand with immigrant communities.”
Essayli described the proposed policy as one that would tip off “child predators, fentanyl traffickers and human smugglers.”
But Lopez said that’s “a disgusting take on the spirit of the policy, which is to be transparent in what is happening in our neighborhoods.”
Councilmember Johnathan Hernandez, who co-authored the proposal, has also defended the policy as a transparency measure.
“What we are looking to propose is that the city should facilitate providing this information on a publicly available website,” he said at the recent council meeting.
But Essayli argued the measure could put lives at risk.
“Broadcasting information about ICE operations gives offenders the opportunity to destroy evidence, arm themselves and retaliate against officers and the public,” he wrote.
He added that ICE operations often target serious non-immigration crimes, including child exploitation, fentanyl trafficking and gang activity.
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