Questions to ask sheriff and district attorney candidates about immigrants

This page helps groups ask good questions. It is general information, not legal or tax advice. DNLH does not endorse or oppose any candidate. To dig into what your agencies already share with ICE, see How to find out what local police share with immigration agents.

Elected law enforcement leaders answer to voters. A fair, well run forum is one of the best ways for a community to be heard.

Why ask sheriff and DA candidates about immigration?

The sheriff runs the county jail. ICE sends jails requests to hold someone, to be told when someone is released, or to take custody. California law limits what local agencies may do, but leaves some decisions to the local official (Government Code 7282.5; Government Code 7284.6).

The district attorney decides charges and plea deals. California law requires prosecutors to consider avoiding harmful immigration consequences in plea negotiations (Penal Code 1016.3). A DA's policies can decide whether a small case turns into deportation.

Both can certify U and T visa forms for crime victims (Penal Code 679.10). How quickly and fairly they do it matters to survivors.

When are the next elections?

In San Mateo County, the sheriff and district attorney serve 6 year terms, and the county lists the next election for both as March 2028. The current sheriff was appointed (San Mateo County Elections, County Offices).

For other counties, check your county elections office.

No election soon? You can still invite the sitting sheriff or DA to a community meeting. That is not a candidate forum, though the same fairness rules are wise if they are running again. You can also attend your county's TRUTH Act forum (see below).

What rules must a church or nonprofit follow?

501(c)(3) groups may not support or oppose any candidate. The IRS calls this an absolute ban. It covers statements on behalf of the organization and campaign contributions. Breaking it can cost your tax exempt status (IRS, Restriction of Political Campaign Intervention, updated June 28, 2026).

A nonpartisan forum is allowed. The IRS says public forums and voter guides done in a nonpartisan way are not prohibited (IRS). In its guidance, the IRS looks at whether (Revenue Ruling 2007-41):

• Questions are prepared and presented by an independent, nonpartisan panel
• Topics cover a broad range of issues the candidate would handle in office, of interest to the public
• Each candidate gets an equal chance to answer each question
• Candidates are not asked to agree or disagree with your organization's positions
• The moderator does not comment on the answers or signal approval

Invite every candidate. The IRS gives an example of a group that invited all candidates and, when one declined, simply said so in its publicity and opening remarks. That was fine. It gives another example of a church that invited only one candidate to speak at worship. That was not.

What this means for your questions. Because the IRS looks for a broad range of topics, include immigration questions in a forum that also covers jail conditions, mental health, staffing, victims and public safety. A forum on only one issue raises more risk; ask a nonprofit lawyer if you plan one.

On the night:

• Use a neutral moderator, not someone known for campaigning.
• Give every candidate the same time, in a random order.
• Don't hand out campaign materials, collect donations or let anyone endorse from the stage.
• Don't ask candidates to "pledge" to your organization's agenda.

What should we ask sheriff candidates?

Ask open questions that let each candidate explain. Each question below rests on a real law or practice.

ICE requests at the jail

1. California law bars local agencies from holding people on ICE hold requests, but allows release date notices to ICE in some cases (Gov. Code 7284.6; 7282.5). When the law allows a notice, will your office give one? Why or why not?
2. Will your office transfer people to ICE custody when the law allows it?
3. How will you follow county rules that limit help to immigration enforcement? (San Mateo County passed an ordinance in April 2023 and strengthened it in November 2025 (county news).)

Rights inside the jail 4. The TRUTH Act requires a written consent form before an ICE interview, in English, Spanish, Chinese, Tagalog, Vietnamese and Korean, and a copy of any ICE request to the person (Gov. Code 7283.1). How will you make sure every deputy follows this? 5. Will you publish data each year on how often your office gave ICE access, and how?

Partnerships and data 6. California bars local deputies from acting as immigration officers, including under 287(g) agreements (Gov. Code 7284.6(a)(1)(G)). Which federal task forces does your office join, and how will you keep them from becoming immigration enforcement? 7. State law limits sharing license plate reader data to other public agencies (Civil Code 1798.90.55). How will you audit who gets your data?

Victims and trust 8. How many days does your office take to sign U and T visa certification requests, and who decides? The law says agencies cannot refuse only because a case is closed (Penal Code 679.10). 9. How will you make sure immigrant victims and witnesses feel safe calling 911 and coming to court? 10. How will deputies serve people who don't speak English?

What should we ask district attorney candidates?

Plea deals and consequences

1. California law requires prosecutors to consider avoiding harmful immigration consequences in plea negotiations (Penal Code 1016.3). What is your written policy, and how do you train prosecutors on it?
2. Will you offer immigration neutral pleas, or diversion, when it fits the case and keeps the public safe? (California has misdemeanor diversion under Penal Code 1001.95.)
3. When someone asks a court to reopen an old conviction because they were never told the immigration consequences, how will your office respond?

Victims 4. How quickly will your office sign U and T visa certifications for crime victims (Penal Code 679.10)? 5. Will you prosecute people who defraud immigrants, such as fake "notarios" and consultants?

Courts and trust 6. Fear of immigration arrests near courts keeps some people away. (A federal court in San Jose vacated ICE's 2025 policies on arrests at immigration courts on June 23, 2026 (Pablo Sequen v. Albarran order).) What will your office do so victims, witnesses and defendants are not afraid to come to our county's courts? 7. How will you share data on charging and plea outcomes by race and immigration related factors, so voters can see results?

How do we run the forum?

Before

• Form a small, diverse question panel that is independent of any campaign.
• Send candidates the format and topics, not the exact questions, at the same time.
• Book an accessible room and interpreters for your community's languages.
• Announce it as a nonpartisan voter education event.

During

• Opening: explain the rules, the order (chosen at random) and that the host endorses no one.
• Questions: same question to each candidate, same time limit, timer visible.
• Audience questions: collect on cards; the panel screens for fairness and repeats.
• Closing: equal closing statements. Share where to register and vote.

After

• If you share a recording or summary, include every candidate's answers fully and evenly.
• Do not publish your own rating of the answers.

Who can attend? Everyone. People who can't vote can still come and ask questions. Federal law limits campaign donations and campaign decision making by people who aren't citizens or permanent residents, but volunteering is allowed (FEC, Foreign nationals). See Who can vote, and how the whole family can take part in civic life.

What is a TRUTH Act forum?

If a local law enforcement agency gave ICE access to anyone during the year, the county or city governing body must hold at least one public community forum the next year, in an accessible place, with at least 30 days' notice. The forum shares information about ICE's access and takes public comment (Gov. Code 7283.1(d)).

It is a good place to ask the sitting sheriff the questions above, even in a year with no election. Watch your Board of Supervisors' agendas for the notice.

What mistakes should we avoid?

• Inviting only the candidate you like. That can be campaign intervention.
• Letting the pastor or director say who to vote for from the stage.
• Questions that only allow one "right" answer or ask candidates to sign your pledge.
• Only one topic. Mix immigration with other public safety issues.
• Publishing a scorecard of candidates under your 501(c)(3) name.
• Forgetting language access. If your neighbors can't follow, the forum isn't for them.

Questions people ask

Can our church endorse after the forum? Not as a 501(c)(3). Individual members can speak for themselves, not for the church.

Can a candidate speak at our church service? Inviting one candidate to speak at worship during a campaign, and no others, is the kind of thing the IRS calls intervention.

What if a candidate won't come? Say so neutrally, as the IRS example does. Don't leave an empty chair as a statement.

We're not a nonprofit. Do these rules apply? The IRS rules are for 501(c)(3) groups. Fairness still builds trust.

Is there a question card I can print?

Good questions, asked fairly, are how a community holds power to account. Ask them out loud.