Marin Adopts Immigration Enforcement Limits, but Advocates Want an Ordinance
Board of Supervisors • Marin CountyOctober 20, 2026
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Marin County supervisors voted 5-0 Oct. 20 to adopt a county policy limiting the use of county property, staff and data for federal civil immigration enforcement. The policy beat a Jan. 1, 2027 state deadline, but it did not quiet dozens of speakers who said only an enforceable ordinance will do. The board also cleared a Santa Venetia floodwall milestone, new street standards for streamlined housing and a March 2027 road tax vote in Bolinas, all unanimously.
- Immigration policy adopted 5-0, restricting county property, personnel and information, with monthly sheriff reporting starting January 2027
- Organized advocates demand an ordinance on the Nov. 10 agenda; county lawyers say it would be no more enforceable
- Santa Venetia floodwall clears environmental review despite residents' concerns about fish habitat and oversight
- Objective street standards introduced for ministerial housing projects, with a safety floor developers cannot waive
- Bolinas Highlands voters will decide a 10-year road repair tax on March 2, 2027
Marin Draws Its Line on Immigration Enforcement
The basics: The resolution directs County Executive Derek Johnson to finalize a policy that bars county property from being used for immigration staging or processing, prohibits voluntary use of county personnel and resources, and protects confidential information and access to services regardless of immigration status.
Why it matters: The policy meets the Jan. 1, 2027 deadline under SB 580 and goes beyond the state attorney general's model policy on reporting and data. It cannot, however, bar federal agents from public spaces.
Where things stand: Since 2025, the county has built an internal protocol, trained staff, committed $1.5M to immigrant legal services, emergency aid and the Rapid Response Network, and joined litigation against federal actions. An emergency fund for families affected by detention offers "$3,000 for eligible household," said Jamila Jordan, Lead, County of Marin Office of Equity.
The new policy requires employees to report federal immigration interactions to the county executive. It also adds monthly reporting from the sheriff and the chief probation officer beginning January 2027, subject to meet and confer with labor unions. Those talks are set for Oct. 28. "If it doesn't conclude on that date, we have a holdover date on November 4th," said Kate Stanford, Chief Deputy County Counsel.
Staff explained the legal limits. Under the Supremacy Clause and the 10th Amendment's anti-commandeering doctrine, which bars the federal government from forcing local governments to carry out federal programs, the county controls non-public areas and its own employees. Public spaces are different. "The lobby of the jail is a public space that's open to the public, and so under our policy and under existing law, we are not able to restrict access to that public location," Stanford said. The same applies to the Civic Center and the farmers market.
Sheriff in the spotlight: Sheriff Scardina said his office follows California law and does not use its resources, facilities or property for immigration enforcement. "Our deputies do not enforce federal immigration law," he said. He defended communications on serious and violent offenses that state law permits, and said staff are examining booking log access as a new records system goes live in spring 2027. That was too slow for some. "I want to ask that the booking log issue be addressed as soon as possible, ideally before spring," said Supervisor Mary Sackett, District 1.
Decisions and stakeholder impacts: Supervisor Dennis Rodoni, District 4, moved the resolution, and Supervisor Stephanie Moulton-Peters, District 3, seconded it. The vote was For: 5, Against: 0, Absent: 0. "This policy is the next step. It uses authority that is ours — our property, our staff, and our information," said Supervisor Brian Colbert, District 2. Board President Eric Lucan called it "the best step forward that we take at this place." County employees face new reporting duties, and immigrant residents gain service-access protections. Probation and the Sheriff's Office face monthly public accountability.
Advocates: Policy Is a Floor, Not a Law
Why it matters: The central dispute is whether a law carries penalties and legal standing that an internal policy lacks. The board adopted only the policy and did not commit to an ordinance.
Where things stand: A coordinated coalition filled public comment. It included Marin DSA, Fuerzas Unidas, the Marin Organizing Committee, Indivisible West Marin, SEIU 2015, MV Free/No ICE in Marin and Deflock NorCal. Speakers argued that a sheriff or administrator can set a policy aside, and that only an ordinance can carry penalties and civil remedies. They pointed to Sonoma, San Francisco and Santa Cruz as jurisdictions that have codified protections.
Kurt Reese, co-chair of Marin DSA, said the group has attended 11 meetings. He accepted passage of the policy that day but demanded an ordinance on the Nov. 10 agenda, with passage in December. Rev. Cynthia Cochran Carney, a pastor at First Presbyterian Church in San Rafael and a Marin Organizing Committee member, framed the policy as a moral first step. She said a law could support habeas corpus filings.
Other speakers widened the critique. Tara Evans, a West Marin resident, cited a claim that one in four ICE detentions of Marin residents since March 2025 relied on sheriff cooperation. Gigi Gronke of San Anselmo asked the board to end the open booking log, which she said invites ICE to releases. A Deflock NorCal member urged a private right of action and scrutiny of surveillance contracts with Axon, Flock and Peregrine. Jessica Riestra, lead organizer for SEIU 2015, described personal trauma from family detentions.
The other side: James Holmes, a Larkspur caller, urged the board to shelve the proposal. He said immigration is a federal function and ICE has not tried to use county property.
County lawyers rejected the premise that an ordinance would be stronger. "There is no difference in terms of the enforceability of the kinds of terms that your board would be adopting through this policy if it's adopted versus in a policy or an ordinance," said County Counsel Brandon Halter. Johnson said staff prefer a policy because it "allows for procedures to respond more readily to changing laws and guidance." Staff also said AB 1807 covers state property without a blanket ban on federal officers in public spaces. They added that the board had declined SCAP funding, the federal program that reimburses jails for housing certain immigrants.
What's next: Moulton-Peters signaled interest in further land-use options, and Lucan said the conversation would continue. Rodoni offered a reality check: "Neither this resolution nor no local ordinance can stop ICE from coming to Marin." Advocates plan to return Nov. 10.
Santa Venetia Floodwall Clears Key Hurdle
Why it matters: The project would protect about 900 low-lying homes. It still has no full funding, and residents worry about getting through the winter.
Where things stand: Acting as the Flood Control District board, supervisors adopted a supplemental environmental review and a subsequent mitigated negative declaration, the California Environmental Quality Act finding that a project's impacts can be reduced to less than significant. The project would replace an aging timber-reinforced berm with about 7,800 feet of sheet pile wall at an 11-foot design elevation. Consultant Dan Sickular said impacts on rail species, vibration, cultural resources and air quality can be mitigated. He also rebutted a California Department of Fish and Wildlife comment letter: "We disagree... with their assertion that the new observations or any other available evidence indicates that longfin smelt may be spawning in the project area."
The other side: Robert Dobrin, a Creekside resident, asked why the board would act before the department could evaluate the district's responses. William Tucker, a Santa Venetia civil engineer, estimated the wall would take five to 10 years to build. He urged an independent evaluation of the existing levee by March 15, 2027. Alan Scott, a Bendola Drive resident, said the standard easement terms ignore issues such as future wall raising, and that language he submitted earlier got no response.
Decisions and stakeholder impacts: Public Works Director Chris Blunk said the state agency can still regulate the project through permitting. He reported "46 signed temporary rights to enter" from property owners. Supervisors also delegated easement deals to the assistant county executive, whose authority is capped at $200,000. Dobrin objected that the delegation reduces board oversight of 110 parcels. Sackett said she was "pleased, frankly, to see it go to the assistant county executive."
Both motions passed For: 5, Against: 0. Sackett moved both; Moulton-Peters seconded the first and Rodoni the second. "We've got a lot of work ahead with the community, particularly on how are we going to pay for this and how are we going to bridge the funding gap," Johnson said.
What's next: Sackett announced a Nov. 4 flood zone meeting.
Street Rules Set for Streamlined Housing
Why it matters: State law requires ministerial, or by-right, approval for many housing projects. These standards give those projects clear street requirements in the City-Centered and Baylands corridors.
Where things stand: The ordinance amends county code Titles 22 and 24. It defines residential, shared residential, alley, main street, collector and arterial street types. Shared roads would be limited to 15 mph, alleys capped at 300 feet, and private streets marked with reverse-color signs. Developers "may decline to follow the county standards... but they may not go below the minimum safety standards," said Robin Bartlett, Assistant Director, Department of Public Works. Community Development Director Sarah Jones added, "We would not approve something that is resulting in a demonstrable health and safety impact." Blunk said the rules would not apply to Caltrans roads such as Shoreline Highway.
The other side: A late commenter asked the board to exempt hillside and rural areas until the next phase and to default to parking on one side of residential streets. A letter from CalMarin Homes also raised parking and grading concerns.
Decisions and stakeholder impacts: Sackett moved the introduction, and Moulton-Peters seconded. The vote was For: 5, Against: 0. Sackett said the standards give her "peace of mind that we now have minimum standards for the ministerial projects."
What's next: Hillside standards come in Phase 2, with scoping expected in December or January.
Bolinas Highlands Road Tax Heads to Voters
Why it matters: A landslide closed Cliff Road in January. Residents say fire engines and ambulances need reliable access to 41 homes.
Where things stand: The tax would charge $6,412 per improved parcel and $3,206 per unimproved parcel each year for 10 years, starting in late 2027. It would raise roughly $3.27M to repair Cliff Road and the Altura Avenue slopes. Hugh Davis, a senior civil engineer in Public Works, said 75% of owners signed the petition, well above the 50% required. Two Bolinas Public Utility District parcels are exempt, which reduces revenue by about 2%. Public Works is winterizing the site with plastic and sandbags. Resident Dana Taylor described single-lane signalized access and growing cracks. Resident Sarah Bettini said the repair cannot wait for another election date.
Decisions and stakeholder impacts: Rodoni moved the resolution, and Moulton-Peters seconded. The vote was For: 5, Against: 0. The measure needs two-thirds approval on March 2, 2027.
Minor Items
- Golden Gate Village: Up to $160M in tax-exempt bonds was approved 5-0 for Phase II rehab of 100% affordable housing in Marin City. The county carries no repayment obligation.
- West Marin Visioning: The board unanimously created a community advisory group, with recruitment starting in November and appointments expected in March.
- Consent calendars: Consent A and B passed 5-0, including the El Niño local emergency proclamation and Muir Woods Road environmental approval.
- Appointments: Daniel Vasquez was reappointed to the Retirement Board, Alexandra Parada joined the Women's Commission, and four members joined the Library Commission.
- Sandbag confusion: A Santa Venetia resident said sandbag station signs contradict county notices that sandbags are free for all.
Looking Ahead
El Niño town halls continue across the county, and the county and Marin Municipal Water District will drain Phoenix Lake ahead of the storm season. Envision Marin workshops, participatory budgeting and early voting are also underway. Watch Nov. 4 for the flood zone meeting and the labor holdover date, and Nov. 10 for advocates' renewed push for an ordinance.