OC Sheriff launches investigation, places two employees on leave following ICE kidnapping of father outside jail visiting center

[reporting: Santa Ana Civic Center]

The Orange County Sheriff’s Department announced Friday that it has launched an internal investigation and placed two employees on administrative leave following an encounter with Immigration and Customs Enforcement (ICE) agents outside the county jail, shortly before the kidnapping of Jesus Esparza.

Esparza was visiting his incarcerated son and depositing money into his commissary account on Oct. 31 when ICE agents took him into custody, according to local ICE watchers.

The department said it received a complaint on Nov. 3 alleging that sheriff’s personnel may have communicated with ICE agents. The investigation will determine whether any state laws or department policies were violated.

Surveillance Video Shows Encounter With ICE

According to the department, surveillance footage from Oct. 31 showed ICE agents parked in an unmarked black SUV on a public street outside the Orange County Jail.

A sheriff’s deputy and a Sheriff’s Special Officer (SSO) were seen leaving the Intake Release Center and approaching the SUV, where they appeared to speak with the occupants for approximately five seconds.

Shortly after the employees walked away, a second vehicle arrived. ICE agents exited both vehicles and entered the public courtyard outside the jail’s visitor entrance.

The department described the man subsequently arrested by ICE as appearing to be hiding in the courtyard.

Both employees were placed on administrative leave while the department investigates. Officials have not disclosed what was discussed during the brief encounter or determined that either employee violated the law.

Sarmiento and Barnes exchanged letters over ICE activity

The incident had already caught the attention of Orange County Supervisor Vicente Sarmiento, who raised concerns about ICE activity outside the jail in a Nov. 2 statement.

Sarmiento said his office had received reports of ICE agents operating near the facility and deputies appearing to assist federal agents. He requested clarification from Sheriff Don Barnes about the department’s compliance with California’s sanctuary law, SB 54.

Barnes responded in a Nov. 3 letter, maintaining that his department follows state law.

“My deputies’ interaction with ICE is limited to those instances allowed by state law,” Barnes wrote.

He also said ICE agents were in a public area of the jail courtyard, where their presence was legal.

Barnes criticized suggestions that his deputies were improperly cooperating with ICE, saying previous allegations had been investigated without finding violations.

Sarmiento responded later that day, clarifying that he was not accusing the department of breaking the law.

“My office has consistently been told by your staff that the Sheriff’s Department is in full compliance with SB 54,” Sarmiento wrote. “I have no reason to suggest otherwise.”

However, Sarmiento said the concern was about families feeling safe when visiting loved ones in custody.

He emphasized that visitors should not have to worry about their personal information being shared with immigration agents or becoming targets of federal enforcement.

Esparza was visiting, not being released

ICE agents have previously been reported operating outside the Orange County Jail and the Santa Ana Police Department jail, where individuals leaving custody can become targets of immigration enforcement.

It remains unclear how ICE identified Esparza or whether agents knew he would be visiting the jail that day.

The brief encounter between sheriff’s personnel and ICE agents also raises questions, although the department has not established that either employee shared information about Esparza or assisted in his detention.

California’s SB 54 limits how local law enforcement agencies can cooperate with federal immigration authorities, but it does not prevent ICE from conducting its own enforcement operations.

Sheriff promises accountability

In Friday’s announcement, Barnes reiterated that his department does not enforce federal immigration law.

“The Orange County Sheriff’s Department does not enforce federal immigration law. That has not and will not change,” Barnes said.

He added that employees found acting outside the law or department policy would be held accountable.

Barnes also said he wants residents to feel safe reporting crimes, requesting assistance and visiting the jail regardless of immigration status.

The Santanero reached out to Sarmiento’s office for additional comment following Friday’s announcement but had not received a response by publication time.

The incident comes as Santa Ana Police also face backlash for its response in arresting two ICE watchers earlier last month and allow unmarked ICE vehicles to station themselves on marked fire lanes without citation near the police department.