FOR IMMEDIATE RELEASE
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San Rafael, Calif. – Representing journalist Joey Scott, the First Amendment Coalition sued Imperial County to compel disclosure of the county’s contracts and communications with the Department of Homeland Security, Customs and Border Protection, and Immigration and Customs Enforcement. In refusing Scott’s requests, the county invoked the Supremacy Clause of the U.S. Constitution and the “Comity doctrine,” neither of which justifies withholding public records.
“Imperial County is going to great lengths to obstruct my records requests about its relationship with federal immigration authorities”, says Scott. “I expect government agencies to exempt the release of certain records, but I’ve never experienced an agency invoking the Supremacy Clause to refuse providing records or even confirming their existence. It shouldn’t take a lawsuit to get them to produce emails and contracts, but it does, and I’m happy to have FAC in my corner defending the public’s right to know about their government.”
To support his reporting on the county’s cooperation with DHS, including federal immigration authorities, Scott made two Public Records Act requests. One sought “purchase orders, contracts, invoices, and statements of work for any financial transactions made to the county” from DHS, ICE, and/or CBP from 2018 to February 2026. The other sought emails regarding DHS’ use of county facilities to detain federal prisoners and youth detainees.
“The people of California are entitled to transparency in state and local government,” said David Loy, FAC’s legal director. “Imperial County cannot refuse to disclose public records in its possession merely because a federal agency might want to keep them secret.”
Loy explained why the county’s justification for withholding the records was wrong in a letter sent on February 19, but the county still refuses to disclose them.
The case, Scott v. County of Imperial, was filed in Imperial County Superior Court.