San Francisco -- Today, the following immigrant and civil rights organizations - Advancing Justice - Asian Law Caucus, ASPIRE, California Immigrant Policy Center, California Immigrant Youth Justice Alliance, Causa Justa :: Just Cause, Chinese for Affirmative Action, Dolores Street Community Services, Immigrant Legal Resource Center, La Raza Centro Legal, Lawyers' Committee for Civil Rights of the San Francisco Bay Area, Legal Services for Children, Mujeres Unidas y Activas, National Day Laborer Organizing Network, and San Francisco Organizing Project/Peninsula Interfaith Action - issued the statement below:
San Francisco must update and streamline the way that we handle outdated warrants for old charges, and we look forward to developing and championing this important criminal justice solution with the Board of Supervisors. In particular, we would like to ensure that local funds are not used to transport individuals to our local jail from federal prison unless it is clear that the warrant that is the basis for the transportation will be prosecuted.
However, we are deeply concerned that notification to Immigration and Customs Enforcement (ICE) will reduce confidence among our diverse and large immigrant community in local law enforcement, thereby harming public safety for everyone.
In practice, letting deportation agents know when a community member is about to be released after serving their time will lead to survivors of crimes, such as domestic violence victims who are wrongfully arrested, being turned over for deportation. In addition, community members who may have very old convictions and have long since rehabilitated and are contributing members of the community will also be at risk of double punishment and separation from their families.
When local law enforcement agencies invariably hold a person for extra time after notification while waiting for ICE to pick up the person, such practices will raise similar Fourth Amendment concerns that federal courts have found with immigration detainers. To abide by our Constitutional requirements of judicial review, ICE - like all other law enforcement agencies - must present a warrant signed by a judge if it seeks to take a person into custody. This Due Process protection prevents U.S. citizens, individuals who are not actually removable, and individuals who are wrongfully arrested or racially profiled from being held for extra time by local law enforcement at the whim of an ICE agent.
We continue to express our deep condolences to the Steinle family in the wake of the terrible tragedy that occurred at Pier 14. Sadly, some elected officials in Washington, DC have sought to use the actions one person is accused of to criminalize and scapegoat whole communities. We call for a respectful dialogue that looks at all facets of the tragedy and to develop thoughtful solutions that include the voices of all community members, including immigrants.
