Public defender attorneys, immigrant-rights activists pepper sprayed by ICE agents while observing detainment near San Jose courthouse

Robert Salonga and Caelyn Pender, The Mercury News on Nov 13, 2026

Published in News & Features

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SAN JOSE, Calif. — Tensions over aggressive federal immigration actions in and around Bay Area courts and jails flared again Friday with reports that public defender attorneys and immigrant-rights activists were pepper sprayed by ICE agents while recording them tackling and detaining a man just footsteps from the Hall of Justice in San Jose.

According to the Santa Clara County Public Defender’s Office and other witnesses, around 11:30 a.m. a Latino man was walking along the south sidewalk on West Hedding Street when ICE agents approached him and got into a short foot chase heading north toward Guadalupe Parkway. About five agents caught up to and tackled the man west of the courthouse.

Around the same time, two public defender attorneys and members of the South Bay civil rights group Silicon Valley De-Bug, who were already near the courthouse to conduct outreach to citizens about a surge in ICE activity near area courthouses and jails — the Main Jail is attached to the Hall of Justice — saw the detainment and started recording the encounter with their cellphones.

The man reportedly could be heard calling out in Spanish for someone to contact his wife, as eyewitnesses pleaded with the agents to be less violent. Assistant Public Defender Miguel Rodriguez told this news organization that after the man was handcuffed, the group of agents began pushing to clear more and more space around them, then walked through the gathering of observers.

At one point an agent got into a verbal exchange with someone, and that was followed by another agent spraying into the crowd, Rodriguez said. Among those hit by the spray were the two attorneys, one directly, and at least two De-Bug members. One attorney and one activist needed treatment at local hospitals.

Soon after, agents could be seen taking the handcuffed detainee across the street to a waiting vehicle.

San Jose police were called to the scene and took statements from those were sprayed and generally confirmed the witness accounts, writing in a statement that “ICE agents were conducting an enforcement action when an interaction occurred with individuals observing and recording the incident. During the interaction, ICE agents reportedly deployed pepper spray, resulting in several individuals reporting exposure.”

Police added that “officers initiated an investigation to document the incident, identify potential witnesses, and obtain available evidence. The circumstances surrounding the incident remain under investigation.”

ICE did not immediately respond to an inquiry about the incident Friday.

“ICE attacked and assaulted community members in daylight in open public with weapons,” said Raj De-Bug, director of Silicon Valley De-Bug. “There isn’t any local politician or leader that should find this is tolerable or acceptable.”

Damon Silver, the county’s chief public defender, similarly denounced the agents’ actions, saying he was “saddened, though unfortunately not surprised” by what happened, and that “this incident raises serious concerns about the safety of attorneys, court staff, litigants, and community members who access our courts.”

“Our attorney did not deserve to be pepper sprayed and was merely observing as ICE violently detained an individual who was leaving court,” Silver said in a statement. “No one should face violence or intimidation while performing constitutionally mandated duties or seeking justice.”

He added, “Once again, it is clear no one is safe in our community with rogue and lawless individuals operating under the color of law but with the intent of terrorizing. Rest assured, we will not be intimidated by these masked cowards and stand in defiance next to our dedicated staff and the community they are victimizing. We will continue advocating for the rights and safety of those who depend on the rule of law.”

This week, the county Rapid Response Network reported that ICE agents were at the Main Jail on Tuesday and Thursday, when they made at least one detainment. Also Thursday, the network reported that agents detained a Latino man as he was released from Elmwood.

The clash also comes as Santa Clara County officials earlier this month restricted access to the Elmwood medium-security jail complex in Milpitas after reports of visible ICE presence in and around the entrance, following a week in which a man was hospitalized after being tased by agents and another encounter that ended with a volunteer monitoring ICE activities and three ICE agents being treated at a local hospital. Community advocates have also reported that agents near the jails have started to summarily question people about their immigration status rather than carry out targeted arrests.

County leaders “have to take some action for the safety of this community, and there has to be some accountability on ICE and on local politicians that have allowed this to go on,” Jayadev said.

In Contra Costa County, advocates this week urged leaders to follow through on a draft policy to sever direct cooperation between county law enforcement and ICE. Alameda County leaders sent a cease-and-desist letter to the federal agency to prevent its agents from conducting their operations on county property including jails.