UPDATE: DHS responds to Santa Cruz Police

UPDATE 2/23/2017 8:15 p.m.:

The Department of Homeland Security has released a statement regarding Santa Cruz Police’s announcement. According to James Schwab, ICE Spokesman for the San Francisco Office:

On Feb. 13, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) led a multi-agency operation involving the execution of federal search and arrest warrants at 11 locations as part of an ongoing criminal investigation targeting alleged criminal activity by suspected members of a notorious transnational gang. The operation was the culmination of a 5-year investigation which resulted in the arrest of 10 criminal organization members on federal criminal charges in Santa Cruz, Daly City, and Watsonville. Additionally, during the enforcement action, authorities encountered 11 illegal aliens at the operational locations who were detained initially on administrative immigration violations due to their association with suspected members of a transnational street gang. Ultimately, 10 of those individuals were released. One remains in agency custody at this time due to his criminal history and possible ties to the ongoing investigation. At no time during the operation were minors were left unattended at any of the enforcement locations.

Several days prior to the operation, our Special Agent-in-Charge office notified the Santa Cruz Chief of Police that any non-targeted foreign nationals encountered during the enforcement actions at the search and arrest locations would be held briefly until determinations could be made about their identities and case histories. The Chief acknowledged this possibility and it was agreed that no foreign nationals would enter the Santa Cruz Police Department’s facility or their police vehicles.

We worked closely with the Santa Cruz Police Department over the last five years on this case. Allegations that the agency secretly planned an immigration enforcement action in hopes there would be new political leadership that would allow for an alleged “secret” operation to take place are completely false, reckless, and disturbing.

Ryan L. Spradlin, the Special Agent-in-Charge in San Francisco, has stated that “it’s unfortunate when politics get intertwined with a well planned and executed public safety operation. When politics undermine law and order, the only winners are the criminals.” Spradlin publicly reiterated that he understands the concerns of community members and the sensitive nature of the operation, but that it’s a sad day for the law enforcement community when some continue to make statements because they are worried about their jobs, while our special agents remain focused on doing theirs. “I told the Deputy Chief that rather than disparaging this operation, the community of Santa Cruz should understand that they are safer because of it,” said Spradlin.

Law enforcement operations are fluid, and unforeseen circumstances often arise that must be assessed and addressed on site. The goal of this operation was to arrest known members of a violent criminal organization and disrupt the dangerous activities of this organization. All of the arrests were conducted in accordance with agency policies and consistent with the special agents’ authorities under federal law.

UPDATE 2/23/2017 6:15 p.m.:

A bombshell announcement from the Santa Cruz Police Department on Thursday.

“We cannot tell you how disappointed we are by the betrayal of the Department of Homeland Security,” said Santa Cruz Police Chief Kevin Vogel.

The city’s top cop said the Department of Homeland Security overstepped its bounds during a major gang sweep in Santa Cruz County.

On Feb. 13, more than 100 personnel from local and federal law enforcement agencies had a coordinated crackdown on MS-13 gang members in Santa Cruz County. 12 were arrested, now facing extortion and drug charges. Some may be responsible for at least two homicides in Santa Cruz County. The busts come after a five-year investigation.

“With these arrests, we have effectively dismantled the MS-13 street gang in Santa Cruz by arresting 12 violent street gang members,” Vogel said.

However – hours after the sweep at a city council meeting, Vogel became aware of residents’ concerns that other people were detained by federal immigration officers and that children were being left unattended.

“Deputy Chief Dan Flippo investigated and quickly discovered that this information was in fact true and that the Department of Homeland Security, unbeknownst to us at the Santa Cruz Police Department, had acted outside of the scope of this operation and detained and removed a number of individuals from various locations based upon their immigration status,” Vogel said.

Police believe ten people were detained or arrested and either released with GPS monitoring or given a G-56, which is an immigration court summons.

But they can’t even get an answer from DHS, who claimed it was only four people. Flippo said he repeatedly asked them for clarification regarding any detentions or arrests.

“Can you at least provide me with the names of who was detained, how many was detained and from what locations?” Flippo said. “I believe that’s information that they should have and the public and the police department should be aware of the operation that we worked with them on. Even as close as yesterday, they have refused to provide any actual written information or correspondence to us.”

Flippo even voiced concerns of transparency with DHS. After originally being told DHS would be the lead agency, with a public information officer as the “main voice,” it was decided during the busts that they would not provide about them. Flippo was reportedly told he could release information to the public if he wanted to.

Vogel said the only reason his department participated in the sweep was because it was assured multiple times there would be no immigration component to it. But he, like the rest of the department and community, felt betrayed.

“The community has an absolute right to be angry and the Santa Cruz Police Department stands with their community,” Vogel said.

People outside of the media briefing feel trust has been lost, but they commend the department for being honest.

“They want us, the immigrant community, to start trusting them again, they need to start working on that and this is a great start,” Ernestina said. “I want to congratulate Chief Vogel and (Santa Cruz County) Sheriff Hart for the steps they are taking. This is a good start.”

In the meantime, Vogel has reached out to Senator Kamala Harris and Rep. Jimmy Panetta for help.

Panetta released a statement on Thursday, saying:

“I am disturbed by ICE’s conduct during their February 13th operation in Santa Cruz. I stand with our local Santa Cruz Police Department (SCPD) and Chief Kevin Vogel, and will continue to work with them to demand complete information from ICE about the scope of the operation.

“I am in touch with federal immigration agencies. I called ICE on February 13th, and have followed up with DHS multiple times demanding information and transparency.

“Members of our community should not live in fear that they may be detained or deported, or that their children may be separated from them, because of who they know or where they live.

“What’s worse, the breakdown in trust between ICE and SCPD puts our communities at risk. People in our community are already rightfully fearful due to the administration’s recent anti-immigrant executive orders and directives. SCPD has a very successful community policing record, and works every day to retain trust between immigrant communities and local law enforcement because doing so is paramount in keeping our neighborhoods safe. ICE has violated and betrayed that trust.

“I will continue to demand communication, clarity, and transparency from DHS and ICE, and I am working with my colleagues on the House Appropriations Homeland Security Subcommittee to hold ICE accountable for their actions.”

The topic is far from over. At the Feb. 28 Santa Cruz City Council meeting, members will discuss whether to work with federal law enforcement in the future because of what happened earlier this month.
Santa Cruz Mayor Cynthia Chase also said the city, with its partners, want to create free legal clinics to residents.

ORIGINAL POST:

The Santa Cruz Police Department is calling out the Department of Homeland Security, after a gang raid involving the agency last week.

Police Chief Kevin Vogel said his department agreed to participate with the operation of dismantling a local presence of MS-13, a El Salvador-based gang, with the understanding immigration status would not become a factor.

Twelve people were arrested and indicted for various crimes, Vogel said.

However, Vogel said federal agents acted outside the scope of the operation. During the sweep, police said an unknown number of other people were detained because of their immigration status.

During a press conference on Thursday, the Santa Cruz Police Department voiced its disappointment with the Department of Homeland Security and plans to reach out to federal representatives for more information.

Assemblymember Mark Stone responded Thursday afternoon, issuing this statement:

“I am outraged after listening to the City of Santa Cruz’s press conference regarding the February 13th arrests. I am shocked and appalled that the Department of Homeland Security would so boldly violate the trust of our police department and community. The Department took advantage of a six-year criminal investigation and turned it into an immigration raid,” Stone said.

“This action undermines the trust relationship that has been built up with our public safety officials and creates a tremendous amount of fear that loved ones, neighbors and friends could simply be whisked away in the dead of night without warning and without cause. Not in Santa Cruz,” Stone said.

On Thursday, Congressman Jimmy Panetta also issued a statement:

“I am disturbed by ICE’s conduct during their February 13th operation in Santa Cruz. I stand with our local Santa Cruz Police Department (SCPD) and Chief Kevin Vogel, and will continue to work with them to demand complete information from ICE about the scope of the operation,” Panetta said.

“I am in touch with federal immigration agencies. I called ICE on February 13th, and have followed up with DHS multiple times demanding information and transparency. Members of our community should not live in fear that they may be detained or deported, or that their children may be separated from them, because of who they know or where they live,” Panetta said.

“What’s worse, the breakdown in trust between ICE and SCPD puts our communities at risk. People in our community are already rightfully fearful due to the administration’s recent anti-immigrant executive orders and directives. SCPD has a very successful community policing record, and works every day to retain trust between immigrant communities and local law enforcement because doing so is paramount in keeping our neighborhoods safe. ICE has violated and betrayed that trust,” Panetta said.

“I will continue to demand communication, clarity, and transparency from DHS and ICE, and I am working with my colleagues on the House Appropriations Homeland Security Subcommittee to hold ICE accountable for their actions,” Panetta said.

KION has reached out to DHS for a response but has not heard back yet. Mariana Hicks will have more on this story.