Mountain View’s City Council recently approved an urgency ordinance that temporarily halts the filing, acceptance, processing, or approval of applications for detention, custodial, or processing facilities within the city. This unanimous decision, made on Tuesday, aims to proactively prevent the U.S. Department of Homeland Security, specifically U.S. Immigration and Customs Enforcement (ICE), from establishing an immigration detention center in Mountain View.
The policy became effective immediately and is set to last for 45 days, until November 27. However, the council has the option to extend this moratorium for an additional 22 months and 15 days. During this interim period, city staff are tasked with evaluating the potential impacts of such facilities and developing options for permanent regulation through land use restrictions.
The urgency ordinance is intended to "preserve the status quo" and defines the types of facilities it covers. It specifically excludes routine law enforcement activities, hospitals that temporarily limit a patient’s movements, ordinary supervision at schools, childcare or residential care facilities, and judicial hearing locations. Councilmember Pat Showalter emphasized the city’s authority in this matter, noting, "This is a zoning change," and adding that it is "within our powers."
Currently, there are no U.S. Immigration and Customs Enforcement facilities in Mountain View. City officials have stated they are not taking any chances and are working to close potential loopholes that could allow ICE to gain a foothold. This latest action builds upon earlier measures taken by Mountain View, including a policy adopted earlier this year that prohibits ICE from using city-owned or city-controlled property for civil immigration enforcement.
Mountain View has also previously supported broader regional efforts. The city signed onto a legal brief in support of a lawsuit filed by state Attorney General Rob Bonta and Santa Clara County, challenging the construction of an ICE facility near Gilroy. Last month, U.S. District Judge Eumi Lee ordered a temporary halt to construction at that site until an environmental review could be completed. Following this court ruling, Rep. Sam Liccardo, who represents portions of Santa Clara County, published a toolkit to assist local governments in using zoning laws to make it more difficult for ICE to construct or acquire future detention facilities. This toolkit suggests explicitly defining such facilities in local zoning ordinances and specifying that they are not an allowable land use, which Mountain View’s new ordinance addresses while providing time for a permanent policy.
The urgency ordinance received support from more than a dozen residents who submitted letters and spoke at the council meeting. They cited the policy as a tool to protect the public safety, health, and welfare of residents. Many residents expressed concern that ICE might look for other sites in the region to build a detention center following the halt of the Gilroy-area project. Mountain View resident Melissa Dinwoodie stated, "The threat is real and immediate." Erik Poicon, a city council candidate and Human Relations Committee member, highlighted the policy's importance for immigrant residents, saying the city wants them to know "their safety matters." City council candidate James Kuszmaul also voiced "support for the urgency ordinance to help throw up legal barriers" against federal government attempts to create detention facilities.
Other jurisdictions, including Gilroy and San Jose, as well as San Mateo, Monterey, and Napa counties, have adopted similar policies.
