Santa Monica police say they had no legal authority to hold a twice-convicted burglar for federal immigration agents, pushing back on Friday, Aug. 7, against ICE's public accusation that the department released a dangerous suspect back into the community.

Lt. Lewis Gilmour, SMPD's spokesman, said California's bail and sentencing laws tied officers' hands after they arrested Juan Manuel Saravia on July 23 outside the department's Public Safety Facility on suspicion of vehicle burglary and possession of burglary tools.

Gilmour told the Santa Monica Lookout that officers processed Saravia, cited him and released him with a future court date because state law required it. Under Proposition 47, the 2014 ballot measure that reclassified many nonviolent offenses as misdemeanors, Proposition 36, passed by voters in November 2024, and LA County's zero-bail policy, only a magistrate can order continued detention for a non-violent charge like vehicle burglary.

ICE identified Saravia as a citizen of El Salvador in the country illegally with two prior burglary convictions and a final order of removal. In a Facebook post on Aug. 7, the agency accused Santa Monica police of releasing Saravia back into the community rather than holding him for ICE, and said its agents targeted him for arrest to carry out his removal order.

Gilmour rejected ICE's contention that SMPD refused to honor a detainer placed on Saravia, explaining that officers never see ICE detainers. Instead, arrested suspects are fingerprinted through a "live scan" system that flags them on an FBI database accessible to federal agencies, including ICE. But ICE does not communicate that information back to local police.

"They don't talk to us," Gilmour said. "They'll sit outside the station and pick him up."

ICE agents arrested Saravia on July 23 near a dead-end street behind the Santa Monica Courthouse shortly after his release, according to the agency. He briefly fled and resisted before being taken into custody without further incident.

State law bars cooperation

SMPD operates under the California Values Act of 2017, which prohibits local law enforcement from cooperating with ICE detainers unless the person has been convicted of a serious felony. The law also bars agencies from notifying immigration authorities about an arrestee's release. ICE detainers are administrative requests, not judicial warrants.

The Santa Monica City Council adopted a non-cooperation resolution shortly after the 2016 presidential election and reaffirmed it in December 2024. Neither resolution declared Santa Monica a "sanctuary city."

As we reported Aug. 6, ICE publicly identified Saravia earlier this week. On July 23, the day of the arrest, Police Chief Darrick Jacob said in a statement to the Santa Monica Daily Press that accountability for criminal behavior is essential to public safety and that no one should interpret the department's policies as tolerance for crime.

Saravia remained in ICE custody as of Friday, Aug. 7, pending a removal flight to El Salvador.