The San Diego County Board of Supervisors on Wednesday announced it will sue the Department of Homeland Security (DHS) for access to inspect the Otay Mesa Detention Center.
The board set a 5 p.m. Wednesday deadline for DHS to respond to a request for inspection this Friday. In a 5:15 p.m. news release, the county said the Trump Administration failed to respond by the deadline, so the county will sue.
Board Chair Terra Lawson-Remer said DHS has stonewalled the county long enough.
“This is not about politics. This is about public health and the rule of law," she said. "California law gives local public health officers the authority to inspect privately run immigration detention facilities operating in our communities.”
San Diego is the first county in the state to exercise that right. Lawson-Remer said this was uncharted territory.
Last month, federal and county officials were turned away from the Otay Mesa Detention Center last month when they tried to inspect the facility.
In a statement emailed to KPBS, a DHS spokesperson said the county did not follow proper procedures for an inspection and was turned away.
"These procedures and protocols exist for the safety of detainees, staff, and visitors," the spokesperson said.
Lawson-Remer disputed the claim and provided an email from CoreCivic, the Otay Mesa Detention Center's operator, stating that Immigration and Customs Enforcement had approved the visit.
The Otay Mesa Detention Center is in Supervisor Paloma Aguirre’s district. She said CoreCivic threatened to call the sheriff if they didn’t leave. The Board of Supervisors has oversight authority over the San Diego County Sheriff’s Department.
“It's silly, right? I mean, they had nothing," Aguirre said. "Their story changed while we were there. So I think they were just grasping at straws. The big question is, 'What are they trying to hide?'"
There have been complaints about the detention center for years. Lawsom-Remer said those complaints have gone from a trickle to a flood. As previously reported by KPBS, detainees have thrown shampoo bottles wrapped with handwritten notes alleging deteriorating conditions.
Lawson-Remer said this was not about politics but about public health.
“Right now, we are hearing serious allegations from inside the Otay Mesa facility," she said. "Reports of untreated medical conditions, spoiled food and unsafe conditions. Those claims may or may not be true, but there is only one way to find out.”
In a statement, DHS said detainees are given comprehensive medical care from the moment they enter the detention facility.
"This includes medical, dental, and mental health services as available, and access to medical appointments and 24-hour emergency care," a DHS spokesperson said in an email statement. "This is the best health care than many aliens have received in their entire lives.”
The Board of Supervisors on Tuesday authorized County Counsel Damon Brown to sue Homeland Security Secretary Kristi Noem, DHS, ICE and CoreCivic if access isn’t granted.
Brown said the purpose of the inspection was to have a report on record of any violations. The county does not have the ability to shut the facility down; only Congress can.
“So our hope would be that, if there were violations that we that would be uncovered by our inspection, that this report would serve as a tool for those with the enforcement authority to use it and to help bring relief to the people who were there,” he said.
The county plans to file a lawsuit in federal court next Tuesday.
