The new policy regarding ICE holds states that "ICE Holds will not be honored or placed on individuals in-custody (within our San Mateo County adult correctional system) unless a rare exception arise in cases of individuals who pose significant public safety concerns, which would require case by case approval from the Sheriff's Executive staff."
The decision follows the passage of California's Trust Act, a law that prohibits law enforcement from detaining someone for ICE after they would otherwise be released. The Trust Act went into effect on January 1, 2014.
The San Mateo County Sheriff's Office also cites recent court cases across the nation as influencing its decision, in particular a recent Pennsylvania case, Galarza v Szalcyzk, in which an appeals court judge ruled that law enforcement officials do not have to comply with ICE detainer requests. The litigation is ongoing as the detainee, Ernesto Galarza, seeks damages.
The San Mateo County Sheriff's amended policy went into effect May 23, 2014.