ICE wants access to SF jails
By Matt O'Brien
Contra Costa Times
Article Last Updated: 07/23/2008 10:56:16 PM PDT


SAN FRANCISCO — The head of Immigration and Customs Enforcement on Wednesday called on Mayor Gavin Newsom to allow the federal agency full access to information about local inmates, saying the city should rescind its policy that prohibits ICE agents from reviewing jail logs and records.

A letter sent to Newsom from ICE director Julie Myers urging more access to inmate records was the latest flare-up following accusations that a San Francisco policy to shield undocumented immigrants also caused the city to shelter felons charged with serious crimes.

Eileen Hirst, chief of staff for San Francisco County Sheriff Michael Hennessey, said ICE agents cannot stroll through San Francisco jails to look at booking cards or "eyeball" inmates because the city's longstanding sanctuary law won't allow it.

"This is not the first time they have made this request," Hirst said of the letter. "It's not the first time the sheriff has said, 'Please identify the statute,' and they have been unable to do so."

Hirst pointed out that her department has handed over 1,100 people to ICE in the past 18 months. But ICE agents cannot get the direct access they want because San Francisco agencies do not cooperate with ICE investigations and detention unless federal law dictates that they must.

The ongoing tiff emphasizes the uniqueness of San Francisco's detention policies compared to those in neighboring Bay Area jurisdictions, where ICE agents pay
regular visits to county jails.

Even those arrested in sanctuary cities such as Oakland, Berkeley and Richmond, which have similar self-imposed rules against cooperating with ICE, are likely to end up in Alameda and Contra Costa county jails where ICE has easy access.

"ICE will come out and visit us a couple times a week," said Alameda County Sheriff's Capt. Burt Wilkinson, commanding officer at the Santa Rita jail in Dublin. "We afford them access to our custody records so they can screen the inmate population."

Wilkinson said the county has no formal partnership with ICE, just a friendly arrangement in which the agencies share information. Staff members at the jail sometimes consult with ICE or refer inmates to them suspected of being illegal immigrants, he said.

During any given week, five to 10 immigration holds will be placed on inmates the county already has in custody, Wilkinson said. Typically, 50 to 75 of the Santa Rita jail's roughly 4,000 inmates are on immigration holds, he said.

Jimmy Lee, spokesman for the Contra Costa County Sheriff's Department, said his department also cooperates with ICE agents who come to the main county jail, the Martinez Detention Facility, several times a week. Lee said the sheriff's staff does not determine the immigration status of inmates or make referrals to ICE, letting the agency do that work.

Much of the escalating nationwide controversy about sanctuary policies stems from reports that staff members of San Francisco's juvenile probation department used the city's sanctuary policy to shield teen drug dealers from deportation by helping fly them to Honduras using city money.

City officials and ICE also blame each other for allowing the release from custody earlier this year of illegal immigrant and convicted felon Edwin Ramos of El Sobrante, who is now accused of killing three people in June.

Some immigrant advocates say they worry those cases might cause other local law enforcement agencies to take immigration questions into their own hands.

"Whatever you think of San Francisco's prior policy, clearly, there was a valid concern about San Francisco's not turning over juvenile felons to immigration," said Mark Silverman, lawyer with the Immigrant Legal Resource Center. "My fear is that other cities will go overboard and start to use this as an excuse to turn immigrants over (to ICE) for relatively minor offenses like driving without a license."


http://www.insidebayarea.com/oaklandtribune/ci_9977704