SF Retains Core of “Sanctuary Policy”
The San Francisco Chronicle reports that San Francisco Sheriff Vicki Hennessy and the Board of Supervisors reached a deal on the city’s sanctuary law, which restricts cooperation with federal immigration agents. The ordinance awaits a signature from the Mayor.
The board unanimously passed the legislation 10 months after an undocumented immigrant was accused of killing Kate Steinle on the waterfront, leading to a national controversy over the city’s sanctuary city policies. As has been the case, the legislation bars city law enforcement officials from notifying U.S. Immigration and Customs Enforcement agents when an individual will be released from local custody, except in limited circumstances.
Former Sheriff Ross Mirkarimi’s policy barred communication with immigration officials in virtually all circumstances. But Hennessy, who was elected sheriff in November, wanted the discretion to notify immigration agents if the inmate had a violent or serious felony conviction in the past seven years or three or more lesser felonies arising from different events in the past five years.
The compromise allows the Sheriff to have notification discretion under both those circumstances. Hennessy may also notify immigration agents if the defendant has a conviction for a serious felony within five years. What she gave up — and immigrant advocates won — is that before notification, a judge has to determine whether there is probable cause to hold the defendant on the current charge.
Notably, The newly crafted legislation would not have prevented the shooting death of Kate Steinle on Pier 14 along the Embarcadero in July. Prosecutors have charged Juan Francisco Lopez-Sanchez with murder. Lopez-Sanchez had been brought to San Francisco after serving 46 months in federal prison for unlawful re-entry into the country. Sheriff Mirkarimi released him because he said they sanctuary law restricted his office from turning him over to federal authorities. That is still the case under the newly passed legislation because the felony convictions would not be considered serious.
KJ