The inability of Congress to address the broken immigration system is forcing counties and states to address the complexity of immigration issues in a piece meal fashion. In this context, Santa Clara County stands out. The most recent example is the Santa Clara County Detainer Policy No. 3.54. This present policy ensures that limited resources do not create a two-tiered system of justice. This current policy ensures that everyone in our system receives equal treatment regardless of immigration status. There is no justifiable reason to treat people’s criminal cases differently just because of their immigration status. The Santa Clara County Detainer Policy supports equal protection guarantees under the US Constitution, while avoiding due process concerns created by ICE tactics.