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SMPD Rejects ICE's Take on Immigration Arrest

By Jorge Casuso

August 7, 2026 – Immigration and Customs Enforcement (ICE) officials criticized Santa Monica police Thursday for releasing a twice convicted burglar who had been placed on an immigration hold, an action police officials said is required by State and County laws and policies.

The suspect – who was arrested by ICE officers near the Public Safety Facility on July 23 -- was identified by ICE on a Facebook post Thursday as Juan Manuel Saravia, a citizen of El Salvador who is in the country illegally.

Juan Manuel Saravia

"Instead of holding the Salvadoran criminal illegal alien for ICE, Santa Monica police released him back into the community," said the entry posted by ICE. "So, ICE LA officers targeted him for arrest to protect Americans and to follow through on his final order of removal."

SMPD spokesman Lt. Lewis Gilmour noted that State Propositions 47 and 36 approved by California voters in 2014 and 2024 respectively, as well as LA County's "zero bail" policy, do not allow enforcement agencies to hold a suspect arrested for a non- violent crime.

"We had no legal reason to detain him," Gilmour said. "It's not the police department choosing to release him," Gilmour said, adding that under the law, only a magistrate can make that decision.

In addition, Gilmour said, SMPD doesn't know if someone in their custody has an immigration hold, also called an ICE detainer.

Unlike the immigration enforcement policies during Obama's two terms -- where a record 3 million illegal immigrants were deported, most of them convicted criminals -- ICE under the Trump administrations requires the cooperation of local law enforcement to enter jails and make an arrest.

Shortly after Trump was first elected in 2016, the City Council adopted a policy not to assist federal authorities in enforcing U.S. immigration laws. The policy was reaffirmed in December 2024 shortly after Trump was sworn in to serve a second term.

While the resolutions stopped short of declaring Santa Monica a "sanctuary city," SMPD is guided by the California Values Act of 2017, which limits the cooperation of law enforcement agencies with federal immigration authorities only in cases when the subject has been arrested for criminal activity.

Gilmour also rejected ICE's contention that Santa Monica police "refused to honor a detainer that ICE placed against Saravia." SMPD is not informed by ICE whether an inmate has an immigration hold, he said. "We never get to see ICE detainers."

Instead, the subject in custody is "live scanned" and flagged on an FBI website, which can be accessed by other Federal agencies that are part of that system, including ICE.

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

Which is what happened on July 23 near a small dead-end street behind the Santa Monica Courthouse, where the officers located Saravia, according to ICE's Facebbok entry.

"Our officers were wearing clearly marked body armor and approached him. He immediately fled, but the chase was brief. Although he resisted, the officers were able to apprehend him without incident."

Saravia will remain in ICE custody "pending his removal flight to El Salvador," ICE officials said.