The Gilroy City Council voted unanimously on Oct. 5 to stop accepting applications for new detention and custodial facilities anywhere inside city limits, on both public and private land. The temporary moratorium took effect immediately and runs through Nov. 19, the Gilroy Dispatch reported. City staff said it can be extended twice, for a possible total of about two years.
Why now
The vote is the city's latest response to a U.S. Immigration and Customs Enforcement project planned at 7240 Holsclaw Road, in unincorporated Santa Clara County just east of Gilroy. In June, the council declared the facility incompatible with the region's agricultural, tourism and economic goals. Santa Clara County and the state of California sued, and on Sept. 11 U.S. District Judge Eumi K. Lee granted a preliminary injunction halting construction, finding the federal government had not completed the environmental review the law requires, according to the Dispatch.
What it can and can't do
The moratorium does not reach the Holsclaw site, since it lies outside the city, and federal agencies can generally override local zoning. Councilmember Kelly Ramirez said the measure wouldn't necessarily stop the federal government from acting quietly, but would give the city legal standing to go to court if it learned of such a project. While the pause is in effect, staff will study zoning that limits detention facilities to certain parts of town and sets standards for their impact on city services.
San José Spotlight reported that Councilmember Terence Fugazzi successfully amended the measure to remove a carve-out for facilities run by other law enforcement agencies. The council declined a separate proposal to bar ICE from using city-owned property for staging or operations, with members calling it largely symbolic. San Jose adopted a similar moratorium on private detention facilities last month.
At City Hall
Before the meeting, residents held a vigil outside City Hall, lining a lawn with cardboard crosses representing people who allegedly died in ICE custody. About 25 people spoke during public comment, nearly all in favor of the moratorium.