Del Mar Working to Minimize Impact of Potential Raids

Del Mar is taking steps to minimize disruption in the event that federal agents conduct an operation at the Southern California track.

Speaking with horsemen July 8, track officials laid out the plans in the event Immigration and Customs Enforcement agents or any other law enforcement entity attempt to "raid" the premises.

Del Mar president and chief operating officer Josh Rubenstein said that he has not been contacted by anyone and is not aware of plans for law enforcement activity at the track.

"We want to be prepared," he said. "These measures have been distributed to our staff, and we've conducted training sessions to ensure a coordinated and lawful response should federal immigration officials come to Del Mar."

The state of California owns the track, but Del Mar general counsel Chris Jaczko said that when the track is considered private property during meets and the weeks before and after the meet. To that extent, the track invested in larger signage to emphasize this situation, which also includes the backstretch. 

He said nobody is entitled to enter the backstretch area unless they have the proper credentials. Federal law enforcement agents must have a valid court-issued warrant, which is valid only if issued by the federal district court. That warrant has to specify the agents' purpose for being on the property.

Track gate staff has been trained on the proper protocols should law enforcement seek access to the track. The gate staff will notify security, which will then connect with the track's response team. Neither gate staff nor security are authorized to give consent to allow law enforcement agents onto the property.

"If they show up and they claim that they've got a warrant, that warrant is going to be sent to me to be reviewed, and I'm going to determine whether or not it's valid and what the scope of that warrant is," Rubenstein said. "And based on the scope, we will then work to try to minimize whatever disruption they cause, and ensure that what they're doing is limited to the scope of that warrant."

Rubenstein said that agency warrants—those issued by the ICE or U.S. Customs and Border Protection, for example—are not valid. 

He emphasized that regardless of someone's immigration status, if and when they're approached by an immigration officer, that person's constitutional rights still apply. To that effort, officials posted "Know Your Rights" cards and posters in English and Spanish around Del Mar. The cards are business card-sized and easily carried in a wallet or pocket.

Should any backstretch workers be taken into custody, Del Mar, while not in a position to secure their release, will provide legal resource information.

Should there be someone of interest to law enforcement, the track intends to have security personnel escort that person to awaiting agents. If those agents insist on being on the premises, they will be escorted to ensure any actions taken fall within the scope of the warrant.

"We will work directly with those agents, just to minimize any disruption and protect all of your staff, all of our trainers, all of our persons on the property," said Ann Hall, Del Mar senior vice president of operations and administration. "We are augmenting staffing at the main stable gate so that the person there has some backup in the event that any immigration officials do appear."

Other measures being taken include the third year of the summer backstretch meals program, which provides food for workers the day before racing through the last day of racing each week of the meet. Del Mar is also looking to expand its storage and refrigeration capabilities so that it can provide options for workers who might be uncomfortable with leaving track property. 

Kim Jacobson, the track's vice president of risk management, said that it is vital that all staff, including trainers, carry proper licensing and credentialing on property and to validate the names of their employees so Del Mar has a comprehensive list of who should be at the track.



United States President Donald Trump recently mentioned the prospect of employers essentially vouching for their workers who are in the country undocumented. If the worker were to do something wrong, the employer would also face punishment. But it is unknown if horse racing would fall under this directive.

Despite the raid at Delta Downs last month, Rubenstein said he has heard that the racing industry is not a specific target of immigration agencies.

"We've had conversations with National Thoroughbred Racing Association ... and they have been in touch with Homeland Security and other organizations," Rubenstein said. "From what we are hearing from the NTRA, horse racing is not a specific target, but we have not received any direction on if horse racing will be included with the farm worker comments that President Trump has made."