Encinitas council talks next steps amidst outrage over ICE arrest

ENCINITAS – In response to a community outcry over local immigration enforcement, the City of Encinitas began the process of evaluating what it can do to support the community moving forward.

The City Council unanimously approved an emergency item on Wednesday aimed at providing clarity and transparency around federal immigration policy. The item directed city staff to the following actions:

• Launch a know your rights campaign – in both Spanish and English – partnering with community groups and the sheriff with a website as well
• Form a community communications messaging
• Submit a Freedom of Information Act request documenting U.S. Immigration and Customs Enforcement (ICE) operations within Encinitas
• Explore how to establish safe zones citywide or at schools and places of worship
• Explore joining lawsuits with other municipalities that challenge ICE operations
• Explore the ability to limit mask wearing by ICE officials
• Send a letter to federal agencies protesting ICE actions as well as requesting that federal partners answer city and community questions surrounding ICE policies in a public forum

The item was not originally on the agenda but was added following an ICE arrest near the intersection of Park Dale Lane and Village Park Way on Wednesday morning, a block away from Park Dale Lane Elementary School.

A video of the incident showed a man, who is the parent of a child in the Encinitas Union School District, being taken into an unmarked vehicle by federal agents. People can be heard asking the officers to show that they have warrants, and to let the men say goodbye to his wife and child who were also at the scene.

The video of the arrest spread rapidly on social media, sparking protests and a City Council meeting that was standing room only – even in the overflow room – with members of the community calling for a stop to such ICE operations.

City Attorney Tarquin Preziosi said that it was “self-evident” that the event which inspired the council action arose after the agenda was posted and was thus eligible for consideration without prior announcement.

Patrick Divver, field office director for ICE Enforcement and Removal Operations San Diego, said in a statement that it was “a targeted enforcement action against an alien from Guatemala” who had “a final order of removal from the United States since 2017.”

Divver added that the stop occurred two blocks away from Park Dale Elementary School. He said that contrary to some reports, “the illegal alien was the sole occupant of the vehicle when officers conducted the stop” and that “the illegal aliens’ alleged spouse responded to the area in a separate vehicle with a young child in the backseat from the opposite direction of the school and then proceeded to interject herself and the young child into the scene.”

“These actions are shameful and not to mention dangerous,” Divver said.

He added that ICE San Diego has not conducted enforcement at schools.

The One Big Beautiful Bill Act allocated over $70 billion in order to expand immigration enforcement. ICE received $45 billion through FY 2029 to increase capacity of detention facilities as well as $29 billion over the same time period for hiring, training and other operational expenses, according to federal records. 

Protestors gathered prior to the 6 p.m. meeting in front of City Hall. Some held signs that said “ICE Melts” and “Protect our community…from deportation.”

Jeremy Ross, an advocate, led chants with a bullhorn of “It’s immigrants, not hate, that’s what makes America great” and “Show me what democracy looks like, this is what democracy looks like.”

Amy Bryan, a Solana Beach resident, said that she felt it was only a matter of time before such an action happened in Encinitas.

“I’m outraged instead of surprised,” Bryan said. “This is not the first kidnapping in Encinitas.”

Nicola and Ron Rancin, Leucadia residents since 1979, also attended the pre-meeting protest. Ron said the video of the arrest “just infuriated us” and hoped the agents could be identified. Nicola, a trauma therapist, said the operation was “an intimidation tactic” designed to cause trauma to the children and families in the area.

Mali Woods-Drake, an Encinitas resident and advocate, led chants of “No one is illegal…on stolen land” prior to the meeting. Woods-Drake continued the point during her public comments.

“Unless you are indigenous, we are all immigrants on stolen land,” she said during public comment.

The tense meeting was frequently interrupted by outbursts and questions from those in attendance. The audience placed extra emphasis on the last words – “for all” – of the pledge of allegiance at the beginning of the meeting. The overflow room often burst into applause on a slight delay watching the video stream.

Mayor Bruce Ehlers said he was trying to use Robert’s Rules of Order as a guideline on what would not be the last time the council talked about immigration enforcement.

“This is just the first step,” Ehlers said. “Don’t go away. Come back. Stay with us. I always like to tell people, ‘Democracy is a participatory sport,’ and so you’re doing it. Keep it up.”

He said his efforts to maintain order were an effort to ensure due process and that everyone was heard. 

“Anybody – and they don’t have to be citizens – have a right to due process,” Ehlers said.

Council Member Joy Lyndes started the official action with the motion, saying, “If there’s ever a need for an emergency item, this is it in my view.”

“This community and the community of Village Park is traumatized,” Lyndes said. “No child should have to face this type of fear.”

She called for more transparency from ICE operations in Encinitas.

“We can’t not shout about this,” Lyndes said. “We really have to step up and be heard.”

Council Member Jim O’Hara seconded the motion, which formally moved the discussion forward. O’Hara brought up the children at nearby Park Dale Lane Elementary.

“Today, our community lost a lot of its innocence, especially those children,” he said. “And it’s heartbreaking.”

O’Hara asked the city staff to evaluate what the city’s resources were in order to understand the limits of what the council could do moving forward.

Council Member Marco San Antonio said that as the father of two young children, such an event would be “the last thing I would want for my family.”

“It was heartbreaking,” San Antonio said.

A member of the audience blurted out a question for San Antonio, asking if as the son of parents who immigrated from the Philippines, he was nervous that ICE raids might accidentally target him or his family.

“Am I nervous?” he said, repeating the question. “To tell you the truth, I’m not.”

Council Member Luke Shaffer said that Wednesday was a “very aggressive day.”

“I do not condone the way in which the federal agencies have conducted themselves,” Shaffer said. “While I would like to say incidents like this morning would not happen again, the reality is I have no direct authority over federal agencies.”

He said he expected “greater diligence and professionalism from our federal partners” with regard to timing and location of future operations, because doing it “at or near an elementary school during school drop off [is] entirely counterproductive to safety.”

“Such decisions erode public trust and undermine the very sense of safety they claim to be upholding,” Shaffer said.

Following chants of “vote them out” from the crowd, Shaffer said that he was “not here to be a politician” and that “I guarantee you in four years, this is over. I’m done.”

Capt. Shane Watts of the North Coastal Sheriff’s Station said that his department did not receive advanced notice of the ICE operation from the federal agency. Additionally, Watts said he did not receive a call to service from a member of the community related to the specific incident Wednesday.

“I often find out about these situations on social media like all of you,” he said.

Watts said that the Sheriff’s Department does not engage in immigration enforcement and does not ask for immigration status, but they are also not allowed to obstruct federal agents. He added that if called, his officers could ensure the arrests were being made by federal agents and if they had a warrant. 

“However, I would defer to these federal agencies to explain what guidance or laws they are following on the federal side,” Watts said.

He said his “true north” was “to provide safety, security and protection for the communities that I serve.”

“And I stand before you hurting – knowing that there’s a part of our community that is afraid,” Watts said.