U.S. ruling challenges S.F.'s sanctuary policy
Rachel Gordon, Chronicle Staff Writer

Thursday, May 6, 2010


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"Essentially, this guts San Francisco's sanctuary ordinance in terms of criminal justice." -- San Francisco Sheriff Michael Hennessey.
San Francisco officials are about to lose the ability to decide which criminal suspects who may also be undocumented immigrants should be reported to federal officials, The Chronicle has learned.

Starting next month, the San Francisco County Jail must begin participating in an automated reporting system set up by the U.S. Department of Homeland Security. The program, Secure Communities, automatically links the fingerprint databases of state justice departments with a database used by the U.S. Immigration and Customs Enforcement Agency, known as ICE.

As part of San Francisco's 1989 sanctuary city policy, officials only report felony suspects whose legal status can't be readily confirmed upon booking to federal officials. The new program would end that discretionary practice because all digital fingerprints will automatically be forwarded to the state Department of Justice and on to federal immigration authorities for review.

"Essentially, this guts San Francisco's sanctuary ordinance in terms of criminal justice," San Francisco Sheriff Michael Hennessey told The Chronicle on Wednesday.

San Francisco has struggled in recent years with its sanctuary city policy, as cases have come to light showing how some repeat offenders were shielded from deportation. Elected officials have grappled with how to balance the desire of some to keep San Francisco a beacon for immigrants, regardless of their legal status, with the demand for public safety. But under the new policy, anyone booked in jail - whether it's for a felony, misdemeanor or infraction - will be run through the new automated system.

Hennessey raised concerns that the implications could be far broader and potentially affect anyone whose fingerprints are run through the California Department of Justice for a criminal background check, including those applying for certain jobs, such as child care worker and teacher.

But David Venturella, national director of the Secure Communities program, said Wednesday night that Hennessey's concerns are baseless. The system is designed only to check the backgrounds of suspected criminals who come into contact with police, sheriffs, highway patrol and the like. To assert otherwise, he said, "is not true."

Hennessey was also concerned that people picked up for a petty crime, such as selling ice cream bars from a cart without a permit or refusing to sign a traffic citation, could get a visit from federal immigration agents and face deportation if they're found to be in this country without permission.

Venturella said that's unlikely. Given the immigration agency's staffing constraints, he said, the target group will continue to be serious felons and repeat offenders.

More than 20 states - and some California counties including Contra Costa, Alameda, Sonoma and Solano - already have implemented the Secure Communities program, said Virginia Kice, a spokeswoman for ICE. San Francisco is set to come on line in June and the entire country is scheduled to be included by 2013.

The program's goal, Kice said, is to provide local law enforcement "a tool to assure that potentially deportable individuals aren't released back onto the streets."

There are 35,000 to 40,000 bookings every year in San Francisco; some people are booked multiple times, Hennessey said. In 2009, the San Francisco Sheriff's Department reported about 2,000 people in its custody to the Immigration and Customs Enforcement Agency. After their immigration status was preliminarily reviewed, federal authorities picked up 1,162 suspected undocumented immigrants from the County Jail last year.

"This federal-state cooperative agreement will dramatically increase the number of San Francisco residents reported to ICE," Hennessey speculated. "It is likely that more local residents will be taken into ICE custody while their residency status is being reviewed."


E-mail Rachel Gordon at rgordon@sfchronicle.com.



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