State Water Board Under Gavin Newsom Silent on ICE Access to Public Meetings

If anybody still thinks that California state government under Governor Gavin Newsom is “green,” ‘progressive,” and the “resistance” to the unjust, racist and environmentally destructive policies and actions of President Donald Trump, they haven’t looked at the actual evidence and data.

We already know that Newsom shares many of the values of the far right, such as kicking off his podcast with the likes of Charlie Kirk, Michael Savage and Steve Bannon. On California water issues he appears to be aligned with Trump in his support of Sites Reservoir, the Delta Tunnel and exporting increased quantities of Delta water to corporate agribusiness.

But now his move to the right appears to be getting even worse. On May 1, Restore the Delta said it has obtained an internal State of California memorandum that outlines alarming guidance for public meetings held by agencies under the California Environmental Protection Agency (CalEPA).

“The memo informs department managers that federal Immigration and Customs Enforcement (ICE) agents are permitted to operate in designated public areas of state buildings — including CalEPA facilities — without interference. Crucially, it instructs state staff not to guarantee a safe or protected space for the public at these meetings,” according to RTD.

Here’s the key language in the memo about not guaranteeing safe or protected spaces:

“Be welcoming but do not set unrealistic expectations. Avoid statements guaranteeing meetings to be a ‘safe space’ as these are public meetings in public spaces that can be attended by anyone. Such statements create false expectations leading to more distrust.”

This guidance affects departments that regularly engage with environmental justice communities, including:

• California Air Resources Board
• Department of Pesticide Regulation
• Department of Resources Recycling and Recovery
• Department of Toxic Substances Control
• Office of Environmental Health Hazard Assessment
• State Water Resources Control Board (SWRCB)
• Regional Water Quality Control Boards

“Many of these agencies frequently host public hearings with significant attendance from immigrant, Indigenous, and frontline communities,” RTD stated.

“While the memo suggests alternatives such as online participation, use of first names only, and allowing anonymity during public comment, this information has not been communicated publicly — especially in relation to the upcoming Delta Conveyance Project policy hearing scheduled for May 19, 2025,” according to RTD.

“This comes on the heels of the March 24, 2025 Zoom bombing of a Delta Conveyance public meeting, which was infiltrated by racist and pornographic content and abruptly shut down. To date, the SWRCB has not released the findings of any investigation into that incident. While the Board has since added hybrid participation options, it has failed to disclose any information about the ICE memo or the risks attendees may face when joining in person,” the group wrote.

Barbara Barrigan-Parrilla, executive director with Restore the Delta commented on the memo: “When disturbances occur at public meetings in the CalEPA Building, the California Highway Patrol is tasked with removing those responsible—and their presence is visible. That’s why it’s so appalling that State Water Resources Control Board and CalEPA officials have signaled they will stand down if ICE shows up. Especially when we’ve seen media reports of federal agents operating in plain clothes, removing people from public spaces without identifying themselves as law enforcement.”

“We’ve seen ICE detain U.S. citizens and legal residents. In that context, CalEPA’s quiet compliance with ICE access puts immigrants, Indigenous, and people of color, many of whom are environmental advocates, at risk of harassment, detainment, or worse. The Water Board’s refusal to disclose this threat, especially after failing to secure public participation during the March hearing, reveals a disturbing disregard for equity and safety.”

“The Board frequently cites its Equity Resolution as proof of its commitment to communities of color and California Tribes. But actions speak louder than resolutions. CalEPA’s secret directive and Governor Newsom’s silence make them complicit in the same anti-immigrant tactics Californians were promised protection from during the Trump era.”

“If the Water Board and CalEPA can’t even ensure safe public engagement, how can we trust them to regulate industry or protect vulnerable communities from environmental harm?”

Restore the Delta is calling on the State Water Resources Control Board and Governor Newsom to “publicly disclose ICE protocols, immediately ensure safe conditions for all public participants, and recommit to transparent and inclusive governance.”